Islamic Inheritance Law (Faraid) - A Detailed Discussion
In Islam, clear guidelines are provided on how the property left by a deceased person should be distributed among their heirs. This system of distribution is called 'Ilmul Faraid'. This law is established based on the Holy Quran, Hadith, Ijma, and Qiyas. Our calculator is built based on these principles.
Classification of Heirs
According to Islamic inheritance law, the relatives of the deceased are mainly divided into three categories:
- Sharers (Zavil Furuz or Qur'anic Heirs): These are the heirs whose shares are specified in the Holy Quran. There are a total of 12 Sharers: father, mother, husband, wife, paternal grandfather, paternal grandmother / maternal grandmother, daughter, son's daughter, full sister, consanguine sister, uterine brother, and uterine sister.
- Residuaries (Asaba): Those who inherit the remaining property after the Sharers have received their shares are called Asaba. Son, father, brother, paternal uncle, etc., are included among the Residuaries.
- Distant Kindred (Zavil Arham): If none of the above two categories are alive, the distant relatives inherit the property. For example - daughter's children, sister's children, etc.
Shares of Major Heirs
- Husband: The husband receives 1/4 share if the deceased wife has children or children of a son. If not, he receives 1/2 share.
- Wife: The wife receives 1/8 share if the deceased husband has children or children of a son. If not, she receives 1/4 share.
- Son: Sons are Residuaries. If the deceased has both sons and daughters, they will divide the property in a 2:1 ratio.
- Daughter: If the deceased has no son, a single daughter receives 1/2 share of the property, and multiple daughters receive 2/3 share. If there is a son, daughters will be Residuaries with the son in a 2:1 ratio.
- Father: If the deceased has a son or a son's son, the father receives 1/6 share. If there are only daughters, the father receives 1/6 share and also becomes a residuary heir for the remaining property. If there are no children, the father receives all the property as a residuary.
- Mother: If the deceased has children or more than one sibling, the mother receives 1/6 share. If not, she receives 1/3 share.
Some Important Principles of Distribution
- Doctrine of Exclusion (Hajb): If there is a closer relative, a distant relative is excluded from inheriting the property. For example, if a son is alive, brothers do not inherit.
- Doctrine of Increase (Awl): If the total shares of all specified sharers exceed 1, then everyone's share is proportionally reduced.
- Doctrine of Return (Radd): If after distributing shares to the specified sharers, there is no residuary and some property remains, that property is distributed among the other specified sharers (excluding husband or wife) in proportion to their shares.
Inheritance law is a complex subject. There are many subtle rules and regulations. Therefore, for any important decision, it is essential to consult a legal expert or a scholar.
Frequently Asked Questions (FAQ)
What is Faraid?
Faraid is the Islamic inheritance law, which provides specific guidance on how the property of a deceased person should be distributed among their heirs. It is established based on the Quran, Hadith, and Ijma-Qiyas.
Is this calculator sufficient for my property distribution?
This calculator provides a basic and general estimate of property according to Muslim Faraid law. However, inheritance law is a complex subject, and in some cases, special rules may apply. For final and accurate calculations and legal advice, it is highly recommended to consult an experienced legal expert or a scholar.
Who are Sharers, Residuaries, and Distant Kindred?
- Sharers (Zavil Furuz): These are heirs whose shares are specified in the Quran, such as - father, mother, husband, wife, daughter, etc.
- Residuaries (Asaba): Those who inherit the remaining property after the Sharers have received their shares are Residuaries, such as - son, brother, paternal uncle.
- Distant Kindred (Zavil Arham): If none of the above two categories are alive, distant relatives inherit the property, such as - daughter's children, sister's children.
What do Awl and Radd doctrines mean?
- Awl (Doctrine of Increase): If the total shares of all specified sharers exceed 1, then everyone's share is proportionally reduced.
- Radd (Doctrine of Return): If after distributing shares to the specified sharers, there is no residuary and some property remains, that property is distributed among the other specified sharers (excluding husband or wife) in proportion to their shares.