Islamic Economics Islamic Finance Muamalah Fiqh Muslim Lifestyle

Islamic Inheritance Planning Principles and Strategies

Tri Alfiani26 August 2024

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Inheritance planning is a crucial aspect of a Muslim’s life, ensuring that one’s assets are distributed according to Sharia principles after death. In Islam, the distribution of inheritance is clearly outlined in the Quran and Hadith. This not only ensures justice and balance but also fulfills the goals of maqasid al-sharia, which include preserving religion, life, intellect, lineage, and wealth.

Basic Principles of Inheritance in Islam

Islamic inheritance law, known as “Ilm al-Fara’id,” literally means “the science of shares.” The basic principles of inheritance in Islam involve several key elements:

Rights of Heirs: Inheritance is distributed to legitimate heirs according to the portions specified in the Quran. These heirs include parents, children, spouses, and other close relatives.

Fixed Shares (Fardh): Islam stipulates specific shares for each heir. For example, a wife receives one-eighth of her husband’s estate if they have children, and one-quarter if they do not.

Residual Shares (Ashabah): After the fixed shares are distributed, the remaining estate is distributed among other heirs based on their priority.

Settlement of Debts and Wills: Before distributing the inheritance, all debts of the deceased must be settled. Additionally, any will (up to one-third of the estate) must be honored if it exists.

Quranic Verses on Inheritance Distribution

The Quranic verses related to inheritance distribution are found in Surah An-Nisa (4:11, 4:12, and 4:176):

Surah An-Nisa 4:11:

ُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءً فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ

وَٰحِدَةً فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌ وَوَرِثَهُۥ

أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ

لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًا

Allah commands you regarding your children: the share of the male will be twice that of the female. If you leave only two or more females, their share is two-thirds of the estate. But if there is only one female, her share will be one-half. Each parent is entitled to one-sixth if you leave offspring.But if you are childless and your parents are the only heirs, then your mother will receive one-third.But if you leave siblings, then your mother will receive one-sixth—after the fulfilment of bequests and debts.Be fair to your parents and children, as you do not fully know who is more beneficial to you.This is an obligation from Allah. Surely Allah is All-Knowing, All-Wise.

Surah An-Nisa 4:12:

۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ

وَصِيَّةٍ يُوصِينَ بِهَآ أَوْ دَيْنٍ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ ۚ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ ٱلثُّمُنُ مِمَّا

تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَآ أَوْ دَيْنٍ ۗ وَإِن كَانَ رَجُلٌ يُورَثُ كَلَٰلَةً أَوِ ٱمْرَأَةٌ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ

وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ

مُضَآرٍّ ۚ وَصِيَّةً مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌ

You will inherit half of what your wives leave if they are childless. But if they have children, then your share is one-fourth of the estate—after the fulfilment of bequests and debts. And your wives will inherit one-fourth of what you leave if you are childless. But if you have children, then your wives will receive one-eighth of your estate—after the fulfilment of bequests and debts. And if a man or a woman leaves neither parents nor children but only a brother or a sister from their mother’s side, they will each inherit one-sixth, but if they are more than one, they all will share one-third of the estate—after the fulfilment of bequests and debts without harm to the heirs. This is a commandment from Allah. And Allah is All-Knowing, Most Forbearing.

Surah An-Nisa 4:176:

يَسْتَفْتُونَكَ قُلِ ٱللَّهُ يُفْتِيكُمْ فِى ٱلْكَلَٰلَةِ ۚ إِنِ ٱمْرُؤٌا۟ هَلَكَ لَيْسَ لَهُۥ وَلَدٌ وَلَهُۥٓ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ ۚ وَهُوَ يَرِثُهَآ

إِن لَّمْ يَكُن لَّهَا وَلَدٌ ۚ فَإِن كَانَتَا ٱثْنَتَيْنِ فَلَهُمَا ٱلثُّلُثَانِ مِمَّا تَرَكَ ۚ وَإِن كَانُوٓا۟ إِخْوَةً رِّجَالًا وَنِسَآءً فَلِلذَّكَرِ مِثْلُ حَظِّ

ٱلْأُنثَيَيْنِ ۗ يُبَيِّنُ ٱللَّهُ لَكُمْ أَن تَضِلُّوا۟ ۗ وَٱللَّهُ بِكُلِّ شَىْءٍ عَلِيمٌۢ

They ask you for a ruling, O  Prophet. Say, “Allah gives you a ruling regarding those who die without children or parents.” If a man dies childless and leaves behind a sister, she will inherit one-half of his estate, whereas her brother will inherit all of her estate if she dies childless. If this person leaves behind two sisters, they together will inherit two-thirds of the estate. But if the deceased leaves male and female siblings, a male’s share will be equal to that of two females. Allah makes this clear to you so you do not go astray. And Allah has perfect knowledge of all things.

The verses in Surah An-Nisa conclude with the introduction of inheritance laws ordained by Allah as a form of mercy and guidance for His servants. These laws aim to preserve their rights and protect their wealth, ensuring that it reaches the rightful heirs in accordance with Allah’s just commandments.

After understanding the foundational verses of the Quran regarding the distribution of inheritance, it is essential to recognize the basic principles that must be fulfilled.

Distribution of Inheritance in Islam

According to the book “Islamic Inheritance Distribution” by Muhammad Ali Ash-Shabuni, the proportions for inheritance are specified in the Quran and encompass halves, quarters, eighths, two-thirds, thirds, and sixths.

Half (1/2): Entitled heirs include the husband, daughter, son’s daughter (in absence of a son), full sister, and consanguine sister.

Quarter (1/4): Entitled heirs are the husband (if the wife has children) and the wife (if the husband has no children).

Eighth (1/8): The wife (if the husband has children) is entitled to this share.

Two-thirds (2/3): This share is for two or more daughters, son’s daughters (if no son), and two or more sisters.

Third (1/3): The mother (if no children or multiple siblings) and maternal siblings share this proportion.

Sixth (1/6): Entitled heirs include the father, grandfather, mother, grandmother, son’s daughter, and siblings through the mother.

Maqasid Al-Sharia in Inheritance Planning

Maqasid al-sharia aims to protect five primary interests: religion, life, intellect, lineage, and wealth. In inheritance planning, these goals ensure that wealth distribution is fair and promotes the social and economic well-being of the family.

Protecting Religion (Hifz ad-Din): By adhering to Sharia inheritance laws, a Muslim demonstrates their commitment to religious teachings, preserving the integrity of the faith.

Protecting Life (Hifz an-Nafs): Effective inheritance planning can reduce family conflicts after a member’s death, promoting peace and well-being among surviving family members.

Protecting Intellect (Hifz al-Aql): Clear and structured inheritance planning reduces uncertainty and confusion, helping family members understand their rights and responsibilities.

Protecting Lineage (Hifz an-Nasl): Ensuring that legitimate heirs receive their due shares according to Sharia helps maintain the continuity and welfare of the lineage.

Protecting Wealth (Hifz al-Mal): Effective inheritance planning ensures that the deceased’s assets are not wasted or misused, preserving their value for the benefit of the family and society.

Strategic Steps in Islamic Inheritance Planning

Drafting a Will: While not obligatory, a will can help direct the distribution of assets according to the deceased’s wishes, as long as it complies with Sharia. It can also provide for individuals or institutions not entitled to a fixed share.

Consulting Islamic Legal Experts: To ensure compliance with Sharia, consulting with Islamic legal experts is highly recommended. They can provide guidance on inheritance distribution and resolve any arising issues.

Clear Documentation: Documenting all decisions and distributions clearly and in detail is crucial to avoid disputes and ensure all parties understand their rights and duties.

Family Education: Educating family members about Islamic inheritance laws and the importance of planning can help reduce potential conflicts and ensure they are prepared for the future without the deceased.

Asset Management: Proper asset management before death can ensure sufficient wealth for heirs and avoid excessive debts.

Conclusion

Islamic inheritance planning is a vital and complex process that requires careful attention to Sharia laws and maqasid al-sharia. By following these principles, a Muslim can ensure that their assets are distributed fairly and equitably, maintaining the well-being of the surviving family. Proper planning fulfills religious obligations and helps maintain peace, prosperity, and good relations among heirs.