Thursday, 27 June 2013

Inheritance in Islam

Islam is not just a religion but a complete conduct of life in which inheritance is an integral part. Islamic shariah has set definite policy of inheritance that is based on the relationship of the people who inherit to the person who died. Allah dictates the rules of inheritance in the Quran in the Chapter An-Nisa (Women) (4:11, 4:12 and 4:176). Islamic scholars have derived several essential instructions from this verse, the most important being:
Share of the Parents
Father and Mother: If a person leaves behind parents then both the father and the mother take one-sixth equal share of inheritance. There is no distinction here that father should receive double the share.                                            Or                                                                                                                                                                                      If the person dies with no children, no brother and no sister; the mother receives one-third of the inheritance. The share of the father is not mentioned under these circumstances in the Quran.

Share of the Children
One daughter: If the deceased person has left behind one daughter only then she will receive one-half of the inheritance. If there is no daughter, the granddaughter can fill-in.                                                                           Or
More than one daughter: If a person has two or more daughters, then all the daughters will inherit two-third of the share.  In all other circumstances, the male will receive a portion equal to that of two females. 
Share of the Spouses
In case the wife dies:  The husband's share is one-half of the property of the deceased wife if she has no children, but in case of children it is one-fourth.
In case the husband dies:  The wife is entitled to one-fourth if the husband dies childless; otherwise it is one-eighth.
Share of the Siblings
In case of no parents and children:
If a person dies and leaves behind no parents and children but one maternal brother or one maternal sister; each one receives one-sixth of the legacy equally.
In case of no parents and children: If the person leaves behind no parents and children but two or more maternal brothers and maternal sisters (or combination); they all share one-third of the legacy equally.
In case of one sister: If the person leaves behind no parents and children as heirs except one paternal sister, she receives one-half the inheritance.
In case of one brother: If the person leaves behind no parents and children as heirs but one paternal brother; he receives the full inheritance.

In case of more than one sister: If a person dies and leaves behind no parents & children but two or more paternal sisters; they all inherit two-third of the share equally.
In case of more than one brother: If the person leaves behind no parents and children but two or more paternal brothers and paternal sisters (or combination); the male will receive a portion equal to that of two females.

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