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Home Deen Islam Shariah Law Inheritance Law in Islam

Inheritance Law in Islam

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Download entire documents on Islamic Inheritance:

Ruling

Inheritance in an integral part of Islamic Shariah Law and its application in Islamic society is a mandatory aspect of Devine teaching of Islam.

Muslim inherits from each other is proven from Quran:

لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَلِلنِّسَاء نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَّفْرُوضًا

“4:7 There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share.“ [An-Nisa 4:7]

Hence, there is a legal share for relatives of the deceased in his estate/property. When a person dies there are four rights that needs to be performed his property:

  • Right # 1: Pay his/her funeral and burial expenses
  • Right # 2: Pay his/her debts
  • Right # 3: Execute his Will/bequest (max 1/3 of his/her property)
  • Right # 4: Distribute remainder of his/her estate/property according to Islamic Shariah Law

With relates to the inheritance, the Prophet (pbuh) said:

Narrated Ibn 'Abbas: “The Prophet said, "Give the Fara'id (the shares of the inheritance that are 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 al-Bukhari][1]

With relates to will/bequest, the Prophet (pbuh) said:

Narrated Abdullah bin Umar: Allah's Apostle said, "It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him." [Sahih al-Bukhari][2]

Download entire documents on Islamic Inheritance:


[1] Sahih al-Bukhari, Volume 8, Book 80 Laws of Inheritance (Al-Faraa'id), Number 724:

[2] Sahih al-Bukhari, Volume 4, Book 51 Wills and Testaments (Wasaayaa), Number 1

Last Updated ( Friday, 12 June 2009 00:31 )