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Fundamentals of Inheritance (Faraid) in Islam: Ensuring

Fair Distribution
Dr. Fatimah Karim (https:/[Link]/profile/dr-fatimah-karim) Jul 16, 2024 - 06:43

Fundamentals of Inheritance
(Faraid) in Islam:

linsuring Fair
Distribution
Dr. Fatimah Karim

Introduction

Faraid, the Islamic law of inheritance, is a fundamental component of Shariah that

ensures the just and equitable distribution of a deceased person's estate among rightful
heirs [1]. Rooted in the Qur'an, Hadith and Islamic jurisprudence, Faraid addresses poth
the spiritual and social dimensions of wealth distribution, aiming to prevent disputes
and maintain family harmony. This article explores the definition, pillars, conditions,
allocation of Faraid, obstacles to receiving inheritance, and practical examples of
inheritance calculation.

Definition of Faraid

Faraid refers to the obligatory shares of inheritance assigned to specific heirs as

prescribed in Islamic law. The term "Faraid" is derived from the Arabic word "Faridah,"
meaning something that is made obligatory or mandatory. The principles of Faraid are
primarily derived from the Qur'an and Sunnah, ensuring that the distribution of wealth
after death is conducted fairly and justly [2].

In Islamic jurisprudence, when a person dies before the inheritance distribution takes
place, it is essential first to settle any debts and fulfill any outstanding obligations of the
deceased. This includes the payment of funeral expenses and any bequests made within
one-third of the estate. Only after these obligations are settled can the remaining estate
be distributed according to the shares specified in the Qur'an and Hadith. This process
ensures that the rights of creditors and the wishes of the deceased are respected before
the heirs receive their shares. This principle is derived from the Qur'anic verse: "After
payment of legacies they may have bequeathed or debts..." (Qur'an, 4:12), which
emphasizes the priority of debts and bequests over the distribution of inheritance.

Pillars of Faraid

The pillars of Faraid [3] are the essential components that must be present for the
distribution of inheritance to take place according to Islamic law. They include:

1. Al-Muwarrith (The Deceased): The person whose estate is to be distributed after

death.
2. Al-Warith (The Heirs): The individuals who are entitled to receive shares of the
deceased’s estate.
3. Al-Mawruth (The Inheritance): The wealth and property left behind by the 4
deceased.
Conditions of Faraid

For the distribution of Faraid to be valid, certain conditions [4] must be met:

1. Actual Death of the Deceased: The inheritance process begins only after the
confirmed death of the individual.
2. Survival of Heirs: Heirs must be alive at the time of the deceased’s death to be
eligible for inheritance.
3. Eligibility of Heirs: The heirs must be eligible under Islamic law to receive their
respective shares.

Allocation of Faraid to Heirs

The allocation of Faraid is detailed in the Qur'an and Hadith, specifying the shares for
different categories of heirs. The primary heirs include spouses, children, parents, and
siblings. Additional heirs such as aunts, uncles, nieces, nephews, and grandparents also
have specified shares. The following sections outline the shares for each category with
references from the Qur'an and Hadith.

1. Spouses

¢ Husband: Receives half of the estate if there are no children, and one-fourth if
there are children.

In what your wives leave, your share is a half if they leave no child; but if they leave a
child, you get a fourth after payment of legacies they may have bequeathed or debts..."
(Qur'an, 4:12).

* Wife: Receives one-fourth of the estate if there are no children, and one-eighth if
there are children.

"In what you leave, their share is a fourth if you leave no child; but if you leave a child,
they get an eighth after payment of legacies you may have bequeathed or debts..."
(Qur'an, 4:12). A

2. Children
 * Sons: Receive a share equal to twice that of daughters.

"Allah commands you regarding your children: for the male, what is equal to the share
of two females..." (Qur'an, 4:11).

¢ Daughters: Receive a fixed share of one-half if she is the only child, and two-thirds
if there are two or more daughters and no sons.

"If only one daughter, her share is half. If two or more, their share is two-thirds of the
inheritance..." (Qur'an, 4:11).

3. Parents

o Mother: Receives one-sixth if there are children, and one-third if there are no
children.

"For parents, a sixth share of inheritance to each if the deceased left children; if no
children, and the parents are the (only) heirs, the mother has a third..." (Qur'an, 4:11).

o Father: Receives one-sixth if there are children. In the absence of children, the
father's share is often calculated as the residue after the distribution of other fixed
shares.

4. Grandparents

e Grandmother: Receives one-sixth of the estate if there are no surviving mother or

father. This is derived from the general principles of Islamic inheritance and
supported by various Hadith.

The Hadith states: "The Prophet (PBUH) assigned one-sixth to the grandmother when
the deceased had no mother" (Sunan Abu Dawud, Vol. 3, Book 10, Hadith 2895).

o Grandfather: In the absence of the father, the grandfather takes a similar role and
may receive a share. The specific share can vary, but itis often considered similar to
that of the father. In some cases, he may receive one-sixth, and in others, he may
receive the residue after other fixed shares have been allocated. A
The Hadith provides guidance on the allocation: "The grandfather inherits in the absence
of the father and receives what the father would have inherited" (Sunan lbn Majah, Vol.
4, Book 24, Hadith 2738).

5. Siblings

« Brothers and Sisters: Their shares vary depending on the presence of children,
parents, and other factors.

"If a man or woman leaves neither ascendants nor descendants, but has left a brother or
a sister, each one of the two gets a sixth; but if more than two, they share in a third..."
(Qur'an, 4:12).

6. Aunts and Uncles

e Paternal Uncles and Aunts: If the deceased has no direct descendants (children) or
ascendants (parents), paternal uncles and aunts may inherit. Paternal uncles
generally receive a share equivalent to the residue of the estate, while paternal
aunts receive half the share of paternal uncles. The specific shares can vary based
on the presence of other heirs.

The Qur'an does not specify the exact shares for aunts and uncles directly, but their
shares can be derived through the principle of 'Asaba’ (residuary heirs). The Hadith also
guides this, as stated in Sahih Bukhari: "Give the Faraid (the shares prescribed in the
Qur'an) to those who are entitled to receive it. Then whatever remains should be given
to the closest male relative of the deceased" (Sahih Bukhari, Vol. 8, Book 80, Hadith
6732).

7. Nieces and Nephews

+ Nephews (Brother's Son): If there are no direct descendants or ascendants,

nephews can inherit. A brother's son often receives a share of the estate as per the
rules of male agnatic (male line) inheritance.
o Nieces: Similarly, a niece can inherit if there are no direct descendants or
ascendants, often receiving half the share of her male counterpart (brother's sén).
The shares for nephews and nieces are derived based on the concept of residuary
inheritance ('Asaba).

The following Hadith provides a basis for this: "The son of a brother (nephew) takes
precedence over more distant male relatives" (Jami' at-Tirmidhi, Vol. 3, Book 15, Hadith
2115).

Obstacles to Receiving Inheritance

There are specific conditions under Islamic law that can prevent an heir from receiving
their inheritance. These obstacles are known as "Mawani" and include:

1. Homicide: An heir who intentionally kills the deceased is disqualified from receiving
any share of the inheritance. The Prophet Muhammad (PBUH) said, "The killer does
not inherit" (Sahih al-Bukhari, Vol. 8, Book 80, Hadith 762).
2. Difference in Religion: A non-Muslim cannot inherit from a Muslim, and vice versa.
The Prophet Muhammad (PBUH) said, "A Muslim does not inherit from a
disbeliever, nor does a disbeliever inherit from a Muslim" (Sahih Muslim, Book 11,
Hadith 1614).
3. Slavery: A slave cannot inherit, as they are considered the property of their master
and thus do not have the legal capacity to own property independently [5].

Practical Examples of Inheritance Calculation

Example 1: Basic Scenario

A man dies leaving behind a wife and two sons. The estate is valued at RM120,000.
»
1. Wife: Receives one-eighth of the estate:

e 18 x120,000 = 15,000

2. Remaining Estate:

e 120,000 — 15,000 = 105,000

3. Sons: Share the remaining estate, with each son receiving an equal share:
105,000
e Each son: ’f = 52,500

Example 2: Complex Scenario with Multiple Heirs

A woman dies leaving behind a husband, one daughter, and her parents. The estate is
valued at RM240,000.

1. Husband: Receives one-fourth of the estate:

o i x 240,000 = 60,000

2. Parents: Each parent receives one-sixth of the estate:

* Mother: % % 240,000 = 40,000

® Father: % % 240,000 = 40,000

3. Daughter: Receives one-half of the estate:

. % x 240,000 = 120,000

Example 3: Scenario with No Direct Descendants

A man dies leaving behind a wife, mother, and two brothers. The estate is valued at
RM180,000.
»
 1. Wife: Receives one-fourth of the estate:

. % x 180,000 = 45,000

2. Mother: Receives one-third of the estate:

. l} x 180,000 = 60, 000

3. Remaining Estate:

e 180,000 — 45,000 — 60,000 = 75,000

4. Brothers: Share the remaining estate equally:

e Each brother: 75‘200 = 37,500

Conclusion

Faraid, as prescribed in Islamic law, is a comprehensive system that ensures fair and just
distribution of a deceased person’s estate. By adhering to the principles outlined in the
Qur'an, Hadith, and Islamic jurisprudence, Muslims can maintain social justice and family
harmony. Understanding the fundamental aspects of Faraid and applying them
accurately is essential for preserving the rights of all heirs and upholding the values of
Islamic inheritance laws.

References

1. Ahmad Ibrahim, Malaysian Family Law (Malay: Undang-Undang Keluarga

Malaysia). Kuala Lumpur: Dewan Bahasa dan Pustaka, 2010, p. 45.
2. Al-Qurtubi, Muhammad ibn Ahmad. Al-Jami’
li Ahkam al-Qur’an. Beirut Dar al-
Kutub al-‘Itmiyyah, Vol. 5, p. 190.
3. Al-Sarakhsi, Muhammad ibn Ahmad. Al-Mabsut Beirut: Dar Al-Ma'rifah, Vol. 30, p.
150.
 4. Al-Sarakhsi, Muhammad ibn Ahmad. Al-Mabsut Beirut: Dar Al-Ma'rifah, Vol. 30, p.
200.
5. Al-Qurtubi, Muhammad ibn Ahmad. Al-Jami’li Ahkam al-Qur’an. Beirut Dar al-
Kutub al-‘Itmiyyah, Vol. 5, p. 210.

About the author:

Dr. Fatimah binti Karim is an Assistant Professor of Department Figh and Usul al-Figh,
at the International Islamic University Malaysia (IlUM), Kuala Lumpur.

Disclaimer
The views expressed in this article are the author’s own and do not necessarily mirror Islamonweb'’s
editorial stance.

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1 Comments )

Rory = 2 months ago -

Salaam Alekum. | am a muslim convert with christian family from my
previous life. | want to change my current Wasiya (which was written
prior to my conversion) to conform to the Faraid. how can this be done
and be accepted by the secular courts in western countries. Can my
Muslin children truly benifit from this change. Thankyou

Web Desk 2 months ago

It's better you consult with the local Islamic centre where you are
residing. They will be able to help you in this matter.

A
< f][v]o

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