The Glorious
Qur’an contains specific and detailed guidance
regarding the division of the inherited wealth, among the rightful
beneficiaries.
The
Qur’anic verses that contain guidance regarding inheritance are:
*
Surah Baqarah, chapter 2 verse 180
*
Surah Baqarah, chapter 2 verse 240
*
Surah Nisa, chapter 4 verse 7-9
*
Surah Nisa, chapter 4 verse 19
*
Surah Nisa, chapter 4 verse 33 and
*
Surah Maidah, chapter 5 verse 106-108
There are three verses in
the Qur’an that broadly describe the share of close
relatives i.e. Surah Nisah
chapter 4 verses 11, 12 and 176. The translation of these
verses are as follows:
"Allah (swt)
(thus) directs you as regards your children’s (inheritance): to the male, a
portion equal to that of two females, if only daughters, two or more, their
share is two-thirds of the inheritance; If only one, her share is a half.
For parents, a sixth share
of the inheritance to each, if the deceased left children; If no children, and
the parents are the (only) heirs, the mother has a third; if the deceased left
brothers (or sisters) the mother has a sixth. (The distribution in all cases is)
after the payment of legacies and debts. Ye know not whether your parents or
your children are nearest to you in benefit. These are settled portions ordained
by Allah; and Allah is All-Knowing, All-Wise.
In what your wives leave,
your share is half. If they leave no child; but if they
leave a child, ye get a fourth; after payment of legacies and debts. In
what ye leave, their share is a fourth, if ye leave no child; but if ye leave a
child, they get an eight; after payment of legacies and debts. If the man or
woman whose inheritance is in question, has left neither ascendants nor
descendants, but has left a brother or a sister, each one of the two gets a
sixth; but if more than two, they share in a third; after payment of legacies
and debts; so that no loss is caused (to anyone). Thus it is ordained by Allah;
and Allah is All-Knowing Most Forbearing"
[Al-Qur’an
4:11-12]
"They ask thee for a legal
decision. Say: Allah directs (them) about those who leave no descendants or
ascendants as heirs. If it is a man that dies, leaving a sister but no child,
she shall have half the inheritance. If (such a deceased was) a woman who left
no child, Her brother takes her inheritance. If there
are two sisters, they shall have two thirds of the inheritance (between them).
If there are brothers and sisters, (they share), the male having twice the share
of the female. Thus doth Allah (swt)
makes clear to you (His knowledge of all things).
[Al-Qur’an 4:176]
In most of the cases, a
woman inherits half of what her male counterpart inherits. However, this is not
always the case. In case the deceased has left no ascendant or descendent but
has left the uterine brother and sister, each of the two
inherit one sixth. If the deceased has left children, both the parents
that is mother and father get an equal share and
inherit one sixth each. In certain cases, a woman can also inherit a share that
is double that of the male. If the deceased is a woman who has left no children,
brothers or sisters and is survived only by her husband, mother and father, the
husband inherits half the property while the mother inherits one third and the
father the remaining one sixth. In this particular case, the mother inherits a
share that is double that of the father. It is true that as a general rule, in
most cases, the female inherits a share that is half that of the male. For
instance in the following cases:
1.
daughter inherits half of what the son inherits,
2.
wife inherits 1/8th and husband 1/4th if the deceased has no children.
3. Wife inherits 1/4th and
husband 1/2 if the deceased has children
4. If the deceased has no
ascendant or descendent, the sister inherits a share that is half that of the
brother.