Islamic Whys & Wherefores of Distributing the Wealth of the Deceased
By: Mufti Jaseemuddin Qasmi
Coordinator Online DarulIfta, MMERC, Mumbai
Inheritance (mirath) is a mandatory duty in Islam, yet shortcomings in its proper implementation are quite common. Unfortunately, even many individuals who are considered religious are involved in neglecting this important obligation. A widespread misconception in society is that a person’s real heir is only his son.
When a person passes away, some heirs unjustly seize the entire estate, depriving other rightful inheritors. However, consuming another’s rightful share is completely haram (prohibited). This not only endangers one’s afterlife but also negatively affects one’s worldly life. The Prophet (peace be upon him) said:
“Whoever accumulates wealth lawfully will receive barakah (blessing), and whoever gathers wealth unlawfully is like one who eats but is never satisfied.”
(Sahih Muslim 2/272)
Another hadith states: Sa’ad bin Waqqas (may Allah be pleased with him) once asked the Prophet (peace be upon him), “O Messenger of Allah, pray to Allah to make me among those whose supplications are answered (mustajab al-dawaat).” The Prophet replied:
“O Sa’ad, consume only permissible (halal) food and your supplications will be accepted. By the One in whose hand is my soul, if anyone consumes unlawful substances, his good deeds are rejected for forty days. And the body nourished by unlawful means is most deserving of Hellfire.”
(Al-Targhibwal-Tarhib)
The divine laws of Islamic inheritance are based on three principles: responsibility, nearness of relation, and strength of kinship. Those who carry greater responsibility and have closer blood relations to the deceased are more entitled to a share of the estate.
For example, male descendants receive twice the share of female descendants, because Islam places the financial responsibility of women and children upon men. Similarly, a grandson receives nothing in the presence of a son, since the son has a direct relationship with the deceased, while the grandson’s relationship is one step removed.
Although some wisdom behind these rules is apparent to us, the ultimate reason lies in the knowledge of Allah. That is why Allah Himself outlined the laws of inheritance in the Holy Qur’an in exceptional detail, unlike any other topic.
After explaining the rules of inheritance, Allah says:
“Allah is All-Knowing, Forbearing.”
This means that Allah knows all conditions and circumstances and has assigned these shares according to His perfect knowledge.
He further states:
“These are the limits set by Allah. And whoever obeys Allah and His Messenger, He will admit him to gardens beneath which rivers flow, where they will remain forever. And that is the great success. But whoever disobeys Allah and His Messenger and transgresses His limits, He will admit him to the Fire, to remain there forever—and for him is a humiliating punishment.”
(Surah An-Nisa 4:13–14)
As soon as a person dies, their wealth is transferred to the ownership of their rightful heirs. However, before the distribution among heirs, three expenses must first be taken from the deceased’s estate:
- Funeral expenses, ensuring neither extravagance nor stinginess.
- Debts, including unpaid mahr (dowry) to the wife, which is considered a debt. If no wealth remains after paying debts, the heirs receive nothing.
- Execution of a will, up to one-third of the remaining estate, but only if the bequest is for non-inheritors. Wills benefiting inheritors are invalid in Islam, as the Prophet (peace be upon him) said:
“Verily, Allah has given each person their due share, so there is no bequest for an heir.”
(Tirmidhi, Hadith No. 2120)
After fulfilling these obligations, the remaining estate is to be distributed among the legal heirs in accordance with Islamic law.
Widespread ignorance has led many to misunderstand the inheritance laws of Islam. First, the shares of Zawil-Furood—those whose shares are fixed in the Shariah, such as husband, wife, mother, father, and sisters—must be given.
There are twelve categories of Zawil-Furood:
- Men:
- Father
- True paternal grandfather (sahih grandfather)
- Brother (with certain conditions)
- Husband
- Women:
- Wife
- Daughter
- Son’s daughter (to any level of descendants)
- Sister
- Half-sister (from father’s side)
- Half-sister (from mother’s side)
- Mother
- True maternal grandmother (sahih grandmother)
After Zawil-Furood receive their designated shares, the remainder of the estate is distributed among the ‘Asabah (residual heirs or agnates by lineage).
Asabah are four categories among the male relatives of the deceased:
- Descendants: son, grandson (to the last generation)
- Ascendants: father, grandfather (to the last generation)
- Collaterals from the father’s side: brothers, nephews (to the last generation)
- Offspring of paternal grandfather: uncles and their sons (to the last generation)
The order of priority among Asabah is crucial. For example, the presence of a son excludes the father as Asabah. The nearer the relationship, the higher the priority. A person related by two ties has more right than one related by a single tie.
If there are no Asabah, the remaining wealth (after giving Zawil-Furood their shares) also goes to them—except in the case of a husband or wife, whose share is fixed.
If no one from Zawil-Furood or Asabah exists, the estate is distributed to Zawil-Arham (uterine or maternal relatives), such as: maternal grandchildren, children of sisters, paternal aunts, maternal uncles and aunts, and similar kin.
If even Zawil-Arham are absent, the wealth goes to any person whose kinship is acknowledged, even if the legal lineage is not validated, provided the deceased passed away without denying the claim.
If a person wills his entire wealth to someone, Shariah permits only one-third to be given to that person—unless there are no legal heirs, in which case the remainder may also be given.
If there are no heirs of any category, the estate is preserved in the Islamic state’s treasury (Baytul-Mal). In non-Islamic countries, the wealth may be given to the deceased’s surviving spouse. If no spouse survives, it may be distributed among those eligible for zakat.
It’s important to note that foetuses present at the time of the father’s death, wives in iddah (waiting period) after a revocable divorce, and wives who haven’t yet joined their husband’s household, are all considered legal heirs.
Also, if a person divorces his wife while terminally ill, even if the divorce is irrevocable (three talaqs), and dies during her waiting period, the wife remains a legal heir. In this case, the longer of the two waiting periods (iddah of death and divorce) is considered valid.
There are two obligations in inheritance:
- For heirs: They must consult a qualified scholar (alim) in Islamic inheritance as soon as the person dies to ensure proper distribution. Even something as small as a cardamom in the deceased’s pocket must not be taken until formal distribution. The Prophet (peace be upon him) said:
“Whoever deprives an heir of their share, Allah will deprive him of his share in Paradise.”
- For the deceased/testator: One must not attempt to deprive any heir. The Prophet (peace be upon him) said:
“There are some people who spend their entire lives obeying Allah, but at the end of their life, they harm one of their heirs—and Allah sends them straight to Hell.”
Therefore, every believer should ensure that neither they nor their children consume haram (unlawful) wealth, so they may live a life of peace and blessing in both worlds.
