Islam does not leave the division of a family’s wealth to chance or to argument. Allah (﷾) Himself set out the shares in the Qur’an, so that every close relative, women as well as men, receives what is theirs, and families are spared disputes at the hardest time.
“From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large,-a determinate share.”
While you are alive
The shares only apply to what you leave behind. During your lifetime your wealth is yours to give as you like: to family, friends or charity. When giving to your children, the Prophet (ﷺ) asked parents to treat them fairly.
What comes first
Before anything is shared out, in this order:
The costs of a simple funeral and burial.
All debts.
The wasiyyah (bequest): up to one third of what is left, for people who do not already inherit, or for charity.
The rest is divided among the heirs by the Qur’an’s shares.
The Prophet (ﷺ) allowed a bequest of one third, and said that it is better to leave your heirs well off than dependent on others. He also said that Allah (﷾) has given every heir their right, so no bequest is made to an heir.
The shares
These are the most common heirs and their shares:
| Husband | a half if his wife left no child; a quarter if she did | Qur’an 4:12 |
|---|---|---|
| Wife (or wives, shared) | a quarter if her husband left no child; an eighth if he did | Qur’an 4:12 |
| Sons and daughters together | what remains after the fixed shares, a son receiving twice a daughter's share | Qur’an 4:11 |
| Daughters only | one daughter a half; two or more share two thirds | Qur’an 4:11 |
| Father | a sixth if the deceased left children (and any remainder, if the children are only daughters); with no children he takes what remains after the fixed shares | Qur’an 4:11 |
| Mother | a sixth if the deceased left children or two or more brothers or sisters; otherwise a third (a third of what remains, when a spouse and the father also inherit) | Qur’an 4:11 |
Brothers and sisters can also inherit, mainly when there is no son and no father, as set out in 4:12 and 4:176. In the simplest cases, whatever remains after the fixed shares goes to the closest male relatives; other cases need a scholar.
Why a son receives twice a daughter’s share
In Islam a man must provide for his wife, children and family from his own money, while a woman’s wealth is entirely her own: she is never required to spend it on the household. A son’s larger share comes with that lifelong duty; a daughter’s share is hers to keep.
“Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means.”
An example
A man dies leaving his wife, one son and one daughter; his parents died before him. After his funeral costs and debts, and with no bequest, £120,000 is left.
Muslim and non-Muslim family
The Prophet (ﷺ) said that a Muslim does not inherit from a non-Muslim, nor a non-Muslim from a Muslim. If you have non-Muslim family you love, you can still leave them a gift through your bequest, within the one third.
Write an Islamic will
In many countries, without a will the law divides your estate in a way that does not follow these shares. Writing an Islamic will makes sure your wishes are carried out, and is a kindness to your family. Real families can be more involved than the example above, with grandparents, grandchildren or several wives, so have your will checked by a knowledgeable scholar or an Islamic will service, and made valid under your country’s law.