Islam has extensively addressed the subject of property and provided clear instructions for its distribution in the Quran. Muslims have a responsibility to follow these laws and ensure that property is distributed fairly, without showing favoritism towards any particular individual. By adhering to these commandments, individuals can uphold justice and prevent any form of partiality.

 

Heirs of Property in Islam

 

Understanding Property Heirs in Islamic Law

 

In Islamic Law, it is crucial to comprehend who the heirs to the property are. According to Sharia, certain individuals cannot be excluded from inheriting property. Primary heirs include the spouse, parents, and sons and daughters of the deceased. However, under certain circumstances, heirs other than these can be excluded.

 

The Three Groups of Heirs in Property Distribution

 

Typically, heirs to the property are categorized into three groups: quota heirs, Asaba, and Dhawu al Arham.

 

Quota Heirs:

 

Quota heirs include four male and eight female relatives. The male quota heirs are the husband, father, maternal brother, and grandfather. The female quota heirs are the mother, daughter, wife, full sister, maternal and paternal sister, grandmother, and granddaughter.

 

Asaba:

 

Asaba is a group of both male and female relatives who inherit the deceased’s property. The Asaba's share is announced after the quota heirs have received their share. It should be noted that in some interpretations, the daughter, father, granddaughter, and grandmother are considered among the Asaba and not among the quota heirs.

 

Dhawu al Arham (Extended Family):

 

Dhawu al Arham includes blood relatives who are neither quota heirs nor Asaba. Female cousins, aunts, nieces, and maternal grandfathers are examples of Dhawu al Arham.

 

Fara’id in Property Distribution:

 

Following the Sharia laws regarding property distribution ensures that the property is distributed fairly and justly among the heirs. The concept of Fara’id emphasizes the importance of adhering to the specific laws and guidelines for property distribution in Islamic Law.

 

Wealth and Inheritance According to Islamic Law

 

In Islam, wealth or property is not the sole possession of any individual. It is bestowed upon individuals by Almighty Allah, who has dominion over everything. As a result, the Almighty has also designated the shares of inheritance that will go to each relative. Inheritance is divided into two parts: Fara’id and Wasiyyah.

 

Fara’id

 

Fara’id represents two-thirds of the deceased’s property and must be divided according to Sharia. One’s spouse and parents will receive fixed shares, while the remaining shares will go to the children in a 2:1 ratio for sons and daughters, respectively. Although sons receive a larger portion than daughters, when assets are distributed among the deceased person’s parents, each of their amounts stays equal.

The surviving husband will receive half of the deceased’s assets, while the surviving wife will receive a quarter. If the deceased has children, the surviving husband’s share is reduced to one-fourth, and the surviving wife’s share is reduced to one-eighth.

 

Wasiyyah

 

Wasiyyah is a part of a person’s will that can account for one-third of everything they own. This portion can be allocated to anyone the person chooses, subject to some restrictions. However, a fixed heir cannot be supplemented with a portion of the Wasiyyah.

Many Muslims choose to give to charity, another relative, or an adopted child through their Wasiyyah. Islamic schools and mosques are two prominent institutions that people can assist with a portion or all of their Wasiyyah. Others donate a portion of their income to organizations outside of their native nation that assist orphans or provide safe drinking water to impoverished communities.

 

Share of Women in Inheritance

 

Women have a right to inheritance in Islam. They are allotted half the amount of inheritance given to men if they inherit from the same father. However, there may be other situations in which women and men earn equal shares. For example, in the case of a deceased son/daughter who leaves children behind, the mother and father will receive an equal share of the inheritance.