How inheritance is distributed in Islamic law: the basics of fara'id

Inheritance (Arabic mirath) is the distribution of a deceased person's wealth to their relatives. In Islam this is not left to chance: who receives how much is largely fixed in the Qur'an, and the field is called the science of fara'id (ilm al-fara'id — "the science of the ordained shares"). This guide sets out the sources of inheritance, the obligations that come before distribution, the fixed shares, the shares of sons and daughters, of spouses and parents, and the practical side in Uzbekistan — based on reputable religious and reference sources, with facts.

Sources: the Qur'an, the Sunnah and consensus

The primary source of inheritance is three verses of the Qur'an: Surah An-Nisa verses 11 and 12, and verse 176. They set the shares as precise fractions. These verses are complemented by the Sunnah of the Prophet (peace be upon him) and the consensus (ijma) of scholars. This makes the distribution of inheritance one of the most detailed and mathematically worked-out branches of Islamic law.

Before distribution: the order of four obligations

Before the estate is divided among heirs, the following are taken from the deceased's wealth in this order: (1) funeral and shroud expenses; (2) the deceased's debts (to people and, on some views, to God — for example unpaid zakat); (3) a bequest (wasiyya), if made — but only up to one-third (1/3) of the estate and to someone who is not already an heir; (4) after that, the remaining wealth is distributed to the heirs according to the fixed shares.

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The fixed shares (fard shares)

The Qur'an sets six precise fractions: 1/2, 1/4, 1/8, 2/3, 1/3 and 1/6. Certain heirs (for example the husband, wife, father, mother and daughters) take these fixed shares; what remains after the share-holders is passed to the asaba — the residuary heirs (usually male agnates: son, father, brothers and so on). These shares are divinely ordained and are not changed at will.

The shares of son and daughter: the 2:1 ratio

According to Surah An-Nisa verse 11, among children a son takes twice a daughter's share (2:1). Scholars explain this by the man's financial obligations in Islam: a man pays the dowry (mahr) at marriage and must support his wife, children and needy relatives, whereas a woman's wealth remains hers alone and she is not obliged to spend it. In other words, the larger share goes with a larger obligation.

Daughters' shares (when there is no son)

If the deceased has no son: a single daughter takes half (1/2) of the estate; two or more daughters together share two-thirds (2/3) equally. If a son is present, the daughters take the residue alongside him in the 2:1 ratio.

The shares of husband and wife

Surah An-Nisa verse 12: a husband takes half (1/2) of his wife's estate if she left no child, and a quarter (1/4) if there is a child. A wife takes a quarter (1/4) if the husband left no child, and an eighth (1/8) if there is a child. Where there is more than one wife, they share that portion equally among themselves.

The parents' shares

If the deceased has a child, the father and mother each take one-sixth (1/6) of the estate. If there is no child and the parents are the main heirs, the mother takes one-third (1/3) and the father takes the rest (as a residuary). Grandparents may in certain cases stand in for a missing father or mother.

The place of the bequest and the gift

No bequest is made to an heir who already has a fixed share — a well-known hadith states "there is no bequest for an heir." A bequest can be made only up to one-third of the estate and only to those who do not inherit (for example an orphaned grandchild, a charity, a friend). A genuine gift (hiba) given during one's lifetime is not inheritance — it does not count toward the bequest limit, because that wealth has already left the owner.

In Uzbekistan: law and practice

In Uzbekistan, formal inheritance matters are settled under the secular Civil Code — through notaries and the courts; by law male and female heirs have equal rights. Many families also wish to follow the rules of fara'id in distributing wealth in a moral-religious sense. In complex cases where the two systems differ (for example calculating shares, or heirs of different categories), it is advisable to consult a qualified lawyer and a knowledgeable scholar.

A note

This article states general religious-legal facts on inheritance and is not a substitute for a personal fatwa or legal advice. Specific cases (for example many heirs at once, awl and radd calculations, differences between the schools of law) require separate examination. Sources: Quran.com (Surah An-Nisa 4:11, 4:12, 4:176 and their tafsir), Islamic inheritance jurisprudence (encyclopedic overview), Al-Islam.org, FaraidHub, and the Civil Code of Uzbekistan (inheritance section).