Islamic Law for Property Share

Islam extensively addresses the topic of property division, and the Quran provides clear instructions on how to distribute it. It is the duty of Muslims to ensure that property is distributed in accordance with the laws and teachings of the Quran and Sunnah.

According to Sharia, primary heirs to the property are those who are entitled to a share and must never be neglected. This category includes the spouse, parents, and sons and daughters of the deceased. Additional heirs may be included under specific circumstances.

Heirs are commonly divided into three classes: Quota Heirs, The Asaba, and Dhawu al Arham (Extended Family).

Quota Heirs consist of four males and eight females. The male relatives in this category are the husband, father, maternal brother, and grandfather. The females include the mother, daughter, wife, full sister, maternal and paternal sister, grandmother, and granddaughter.

The Asaba is a group of male and female relatives who inherit the assets of the deceased. After the quota heirs have received their shares, the portion for the Asaba is determined. In some interpretations, the Asaba includes the grandmother, granddaughter, father, and daughter, rather than being part of the quota heirs.

Dhawu al Arham refers to blood relatives who are neither included in the quota heirs nor the Asaba. This class includes female cousins, aunts, nieces, and maternal grandfathers in terms of property inheritance.

Furthermore, a person’s wealth is divided into two parts: Fara’id and Wasiyah. Fara’id consists of two-thirds of the deceased’s property and must be divided according to Sharia.

Inheritance in Fara’id is divided into “fixed” and “variable” categories. The fixed shares are allocated to spouses and parents. The inheritance distribution for the “fixed” group is as follows:

The surviving husband receives one-half of the deceased’s assets.
If the surviving husband has children, he receives one-fourth of the assets.
The surviving wife receives one-fourth of the deceased’s assets.
If the surviving wife has children, she receives one-eighth of the assets.
The deceased’s mother and father each receive one-sixth of a share.
If the deceased has children, the remaining shares are distributed to the children in a 2:1 ratio for sons and daughters, respectively. The oldest child does not receive a larger share, but a son receives two shares for every share received by a daughter.

Wasiyyah refers to the portion of a person’s property that is allocated through a will to relatives or anyone they choose. The Wasiyyah can account for one-third of the person’s total assets. Subject to certain limitations, a person can distribute any portion of this amount as they wish. However, a Wasiyyah cannot replace the share of a fixed heir, meaning shares cannot be transferred to a spouse or daughter.

In Islam, women have the right to inherit, but their share may be half of what is given to men if they inherit from the same father. However, there are situations where women and men may receive equal shares, such as when the mother and father share the inheritance of a deceased son or daughter who leaves children behind.

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