Inheritance-Faraid

Administration of Estate of a Deceased Muslim

Administration of estates, according to Islamic law, means management of the property of a

deceased Muslim. The following illustration will be helpful to understand it.

A Muslim male died leaving behind his father, mother, one son and two daughters. The
valuation of the estate of the deceased, let us suppose, ten lakh taka. He had debt amounting to
ninety thousand taka, he made bequest of one-third of his property and taka ten thousand was
spent for funeral expenses. Thus it stands that after funeral expenses (10 thousand taka),
repayment of debts (90 thousand taka) and payment Of 3 lakh taka (one-third of 9 lakh) for
bequest, there remains six lakh taka. This net amount is to be distributed by the administrator
among the heirs, father taking one lakh (one-sixth), mother taking one lakh (one-sixth), one son
taking two lakh (one-half of two-thirds), and two daughters jointly 4 lakh (one-half of two-
thirds).

Where a Muslim man dies the estate of the deceased is to be applied successively in payment of
the following:

1. His funeral ceremony and burial charges

2. The discharge of his just debts

3. The payment of his legacies (will)

4. Lastly, the residue is to be distributed among the heirs of the deceased according to the law of
the Sect.

That the law relating to administration of the estate is that when a Muslim die leaving debts
unpaid his estate devolves immediately on his heirs, who are entitled to pay the debts in
proportion to their shares.

If a Muslim registers his marriage under the Special Marriage Act 1872 (India 1954) his
personal law would be ousted, and the Succession Act of 1925 will apply.

Under Section 320, 321, 322, 32 3 & 325 of the Succession Act of 1925 the payments to be
made are in order of priority–

1. Funeral expenses and death–bed charges

2. Expenses for obtaining probate or letters of administration

3. Wages for services rendered to the deceased within 3 months of his death by a labourer or
servant

4. Debts, according to their priorities

5. Legacies, not exceeding 1/3 of the residue, after all payments have been made– the heirs are
entitled to succeed.

General Principles of Islamic Law of Inheritance

Islam brought reforms in the law of inheritance, which may be stated briefly as follows:

Islamic law of inheritance is the most exact and scientific law and the Muslim jurists laid great
importance of the law of inheritance (Faraid) and they would frequently repeat the saying of the
Prophet (SWT)- “learn the laws of inheritance and teach them to the people; for they are one-
half of useful knowledge.” Faiz Badruddin Tyabaji said, “The Muslim law of inheritance has
always been admired for its completeness.”

Muslim jurists recognize only four sources of Islamic law of inheritance namely-

1. The Holy Quran

2. The Hadith
3. Pre-Islamic Law
4. Ijma or consensus of opinion

Unlike the other branches of law, no reliance has been made on Qiyas or analogy with respect to
lying down the law of inheritance.

Examples of some Quranic verses on Inheritance

(a) “Allah directs you as regards your children’s (inheritance) to be made, a portion equal that of
two females; if only, daughters- two or more, their share is two-thirds of the inheritance, if
only one, her share is half.” (Surah An-Nisa:2)
(b) “You (Husband) will inherit one-half of the property left by your wives, provided there is no
child; but if the (wives) have a child, then you are entitled to one-fourth of what has been left
by your wives after payment or debt (if any); ……………..” (Surah An-Nisa:12)

Heritable Property
All properties of the deceased Muslim (Propositus) are subject to inheritance by his heirs.
Islamic law does not recognize any distinction between-

(a) Ancesteral and self-acquired property

(b) Movable and immovable property
(c) Joint and separate property
(d) Corpus usufruct property
(e) Corporal and incorporal property

Inheritance opens on the death of the propositus. Following persons are excluded from the right
of inheritance: (a) Homicide (b) Difference of religion (c) Illegitimacy (d) Alien enemy (e)
Slavery.

Principles of Pre–Islamic Law:

The principles of Pre–Islamic Customary Law are the following:

1. The nearest male agnate (Asabat) or agnates (no female relations in between) succeeded.

2. Females & female cognates (female relations in between) were excluded.

3. Descendants were preferred to ascendants & ascendants to co–laterals.

4. Where the agnates were equally distant, the estate was divided per capita.

The main principles of Islamic Law are:

1. The husband or wife was made an heir.

2. Females and cognates were made competent to inherit.

3. Parents and ascendants were given the right to inherit even when there were male
descendants.

4. As a general rule, a female were given one half the share of a male.

Exclusion of Inheritance in Pre-Islamic Customary Law

(a)Exclusion by one group by another group in accordance to priority

(1) Group I : Descendants (Top priority)

These were sons. Only male descendants inherited, usually excluding women entirely. If sons
were presents, all others were excluded.

(2) Group II – Ascendants:

These included fathers and grandfathers. They could inherit only if there were no sons. They
were excluded by descendants (Group I).

(3) Group III – Collaterals (Father's sons):

This group included brothers of the deceased. They were considered if there were no
descendants or ascendants.

(4) Group IV – Collaterals (Father's father's sons):

These were more distant relatives (paternal uncles, etc.). They were considered only if none of
the above groups existed.

(b)Exclusion by same groups or Persons:

Nearer of the deceased excluded the far Remote or nearer in degree excluded the far remote.
Within the same group nearest in degree excludes remoter.

(c) The full blood excluded the half blood

Full blood excludes half-blood reflects both pre-Islamic and partially Islamic practices. In Pre-
Islamic Law, half-blood siblings were entirely excluded when full-blood siblings were present.
In Islamic Law, the principle still applies in residuary inheritance, but fixed shares are protected
by the Qur'an—maternal half-siblings can inherit regardless of full siblings. Islam balanced
justice and kinship closeness, ensuring half-blood relatives weren’t completely excluded.

Explanation of some terms and concepts used in the law of Islamic Inheritance

(i) 'Agnate' means a person related to the deceased through male links only; for exámple, the
son's son or the son's daughter,

(ii) Cognate means a person related to the deceased through one ormore female links; for
example, the daughter's son or the daughter's daughter, the mother's father or the fathers
mother's father.
(iii) 'Deceased' or 'propositus' means a person whose relatives are to be determined for
distributing his estate from the same stock, or common ancestor. For example: ‘Son’ means the
son of the deceased.

(iv) 'Son's son' how low so ever ([Link]) means a male agnate in the descending line; for example,
a son's son, a son's son's son and so on.

(v) Son's daughter, how low so ever, means a female agnate in the descending line; for
example, a son's daughter, a son's son's daughter and the daughter of a son how low so ever.

(vi) True grandfather means a male ancestor between whom and the deceased no female
intervenes, for example, father's father, father's father's father how high so ever (h.h.s).

(vii) False grandmother means a male ancestor between whom and deceased a female
intervenes; for example, the mother's father or the mother's mother's father.

(viii) True grandmother means a female ancestor between whom and the deceaşed no false
grandfather intervener; for example, the father's mother, the mother's mother, the father's
mother's mother etc.

(ix) False grandmother means a female ancestor between whom and the deceased a false
grandfather intervenes; for example, mother's father's mother.

Classification of Heirs

Under the Sunni law of succession the heirs are divided into three classes:

1. Sharers (Koranic)-Zav-IL-Furuz : Are those who are entitled to a prescribed to a

prescribed share of the inheritance.
2. Residuaries/Asabah/Agnatates : Are those who have no prescribed sharer, but succeed to
the ‘residue’ after the claims of the shares are satisfied or if there is no sharer.
3. Distant Kindred-Zav-IL-Arham :Are all those relations by blood who are neither Sharer
nor Residuaries.

Class 1:

1. The Quranic Heirs or Asab-Al-Faraid / Zav- Il- Furuz

According to Hanafi Law the following 12 relations constitute class-1, the Quranic heirs:-
(a). The Heirs by Affinity:- Relationship

(1). Husband (h).

(2). Wife (w).

(b). Blood Relations: - Consanguine

(3). Father (f).

(4). True Grand father, how high so ever (f.f.h.h.s).

(5). Mother (m).

(6). True grandmother, how high so ever (m.m.h.h.s).

(7). Daughter (d).

(8). Son’s daughter’s how low so ever (s.d.h.l.s.).

(9). Full sister (fs).

(10). Consanguine sister (cs).

(11). Uterine brother (ub).

(12). Uterine sister (us).

It will be noticed that out of these 12, 8 are females.

Rules of Exclusion

1. Primary heirs are never excluded e.g. husband and wife. Their shares are only reduced with
the existence of children.

2. Father excludes the higher Agnatic Ascendants and male Collaterals like uncle, brother,
nephew. Father also excludes full, Consanguine or uterine sisters.

3. Mother and true Grandmother h.h.s:- The mother excludes the Grandmother. The mother’s
share is affected by children (with children 1/6 and without children 1/3) moreover with one
brother and on sister mother’s share becomes 1/3 but more than one brother or sister mother
takes 1/6.
4. The daughter is a primary heir but more than two daughters excludes son’s daughter however
with one daughter, son’s daughter gets 1/6.

5. Two full sisters exclude the consanguine sister but with one full sister consanguine sister gets
1/6.

Primary heirs:- Following heirs are primary heirs and are never excluded by any heir:

1. Husband or wife, 2. Son, 3. Daughter, 4. Father, 5. Mother.

[Link] Heirs

With Children Without Children

[Link] 1 1
4 2
[Link] 1 1
8 4
[Link] 1 Agnatic Heir
6
[Link] Grandfather 1 Agnatic Heir
6
(excluded by father)
[Link] 1 1
6 3
(with 1 b & 1 sis, M=1/3)
(with more than 1b & 1sis,
M=1/6)
[Link] 1 1
6 3
(excluded by mother)
[Link] 1 Existance of son, daughter
2 becomes Agnatic
(collectively 2/3)
[Link]’s daughter 1 Existance of s.s., s.d. becomes
2 Agnatic
(collectively 2/3), excluded by
son and more than one d., with
one daughter, s.d. gets 1/6
[Link] Sister 1 Existance of b, f.s. becomes
2 Agnatic
(collectively 2/3)
 (excluded by s, s.s.h.l.s., f,
t.g.f)
[Link] Sister 1 Existance of c.b., c.s. becomes
2 Agnatic
(collectively 2/3)
(excluded by s, s.s.h.l.s, f,
t.g.f., f.b. and more than 1 f.s.)
(With 1 f.s., c.s. gets 1/6)
[Link] Brother 1
6
(collectively 1/3)
(excluded by s, d, f, t.g.f)
[Link] Sister 1
6
(collectively 1/3)
(excluded by s, d, f, t.g.f)

2. The Residuaries/ Asabat/ Asabah

If there is no sharer, or if there are sharers, but there is a residue left after satisfying their claims,
the whole inheritance or the residue, as the case may be, devolves upon the residuaries are in
order of priority. They inherit their rights classified as 3 types. They arementioned below:

(i)Agnate by his own right –Asaba-bi-nafsihi:- All male agnates e.g. s., f., f.b. etc.

(ii)Agnate with the right of another –Asaba-bi-gharihi:- Female agnates through association
with male relatives of the same degree e.g. daughter with son.

(iii)Agnate with another- Asaba-mai-ghairihi:- Female relatives (full or consanguine sister)

inherit as agnates when no male heirs exist but co-inherit with granddaughters.

(a). Descendants:

1. Son (s),

2. Son’s son (s.s.)

(b). Ascendants:

3. Father (f).

4. True Grandfather (t.g.f /t.f.f)

(c). Collaterals:

I. Descendants of the father

5. Full brother (f.b.)

6. Full sister ([Link])

(In default of Full brother f.b and other above Residuaries, full sister takes the residue if there is:

* Daughter or daughter’s (d., d.s.)

* Son’s daughter or son’s daughter how low so ever (s.d., s.d’s h.l.s.)

* 1 daughter or one son’s daughter how low so ever (1d. + 1s.d or s.d.’s h.l.s.)

7. Consanguine brother (c.b.)

8. Consanguine sister ([Link].)

(In default of consanguine brother c.b. and other above Residuaries, Consanguine sister [Link]
takes the residue if there is:

* Daughter or daughter’s (d., d.s.)

* Son’s daughter or son’s daughter how low so ever (s.d., s.d’s h.l.s.).

* 1 daughter or one son’s daughter how low so ever (1d. + 1s.d or s.d.’s h.l.s.)

9. Full brother’s son (f.b.s)

10. Consanguine brother’s son (c.b.s)

11. Full brother’s son’s son (f.b.s.s)

12. Consanguine brother’s son’s son (c.b.s.s.)

II. Descendants of the true Grandfather:

13. Full paternal uncle (f.p.u.)

14. Consanguine paternal uncle (c.p.u.)

15. Full paternal uncle’s son (f.p.u.s.)

16. Consanguine paternal uncle’s son (c.p.u.s)

17. Full paternal uncle son’s son (f.p.u.s.s.)

18. Consanguine paternal uncle’s son’s son (c.p.u.s.s.)

3. Distant kindred or Dhawul-Arham/Zav-Il-Arham

That is Female Agnates and Cognates; male or female. That is why Ameer Ali calls this class as
uterine heirs.

(a). Descendants:

1. Daughter’s children and their descendants (d.s., d.d.h.l.s).

2. Children or son’s daughters (s.d.s, s.d.d.h.l.s).

(b). Ascendants:

1. False Grandfather, h.h.s.

2. False Grandmother, h.h.s.

(c). Collaterals:-

1. Descendants of parents:-

Full brother’s daughter and their descendants (f.b, d/s h.l.s.)

2. Descendants of Grandparents:

Full paternal aunt and her descendants (f.p.a., s/d h.l.s.)

Doctrine of Representation

Islamic law of inheritance does not recognize representation. The son of a deceased person shall
not represent such person if he died before his father. He shall not stand in the same place as the
deceased would have done had he been living, but shall be excluded from the inheritance if he
have paternal uncle. However, section 4 of the Muslim family Laws Inheritance, 1961 has
recognized the doctrine of representation. According to section 4 of the Muslim Family Laws
Ordinance (MFLO, 1961) succession:- In the event of the death of any son or daughter of the
propositus before the opening of succession, the children of such son or daughter, if any, living
at the time the succession opens, shall per stripes receive a share equal to the share which such
son or daughter, as the case may be, would be received if alive. This is a change in the Islamic
Law. They could have made “Obligatory Bequest” that the Grandfather has to will 1/3 or has
prohibited to his orphan Grandson.

Importance of Muslim Law of Inheritance

The Muslim Law of Inheritance is a vital aspect of Islamic jurisprudence, holding both religious
and legal significance. It is divinely ordained, with the Prophet Muhammad urging its learning
and teaching. The law ensures fair and systematic distribution of a deceased person's estate,
prioritizing debts, funeral expenses, and bequests before dividing the remainder among heirs.

This law introduced significant reforms compared to pre-Islamic tribal customs by granting
inheritance rights to women, spouses, and distant kinders. It classifies heirs into three groups:
Sharers (with fixed Quranic shares), Residuaries (who inherit the remainder), and Distant
Kindred. It includes detailed rules on exclusion and proportional division to maintain fairness.

The system supports social justice by preventing wealth concentration and securing the rights of
weaker family members. It also shows adaptability, with countries like Egypt and Pakistan
enacting reforms to address gaps, such as through obligatory bequests for orphaned
grandchildren.

Globally, the Islamic inheritance system governs personal law for over a billion Muslims,
making it a crucial legal and ethical model in many societies.

References: (i) Outlines of Muhammdan Law by Asaf A.A. Fyzee

(ii) A Text Book on Islamic Law by Dr. Muhammad Faiz-Ud-Din