Property Distribution in Islam – Islamic Wills USA (2024)

Fara’id (also referred to as the Mirath) is the required portion of property distribution. It represents two-thirds of a deceased person’s property. This property must be distributed as per the Quranic requirements to your remaining heirs, which includes your spouse, children and parents (and possibly others depending on who is living at the time of the death).

According to the Quran, an individual does not get to choose the amount of money that their parents, spouse, and children receive. Instead, these family members receive the deceased person’s assets because the Quran entitles them to it—it is their right. Fara’id therefore makes transparent the wealth distribution to the heirs so they know exactly what they will receive.

Fara’id keeps family units secure. It prevents rifts and fighting because it lays out in detail all the inheritance laws. No family member can fight over or demand more than what is prescribed to them. Conversely, a person may not disinherit these people either.

Who Are the Primary & Contingent Beneficiaries of Your Fara’id?

Upon your death, your parents, spouse, and children will be the primary beneficiaries of your Fara’id. In most cases, these individuals will be the only recipients of your property.

However, in some cases, some of your assets may need to go to contingent (secondary) beneficiaries. Contingent beneficiaries include:

• Siblings
• Aunts
• Uncles
• Grandparents

Specific relationships matter and every family’s circ*mstances will differ slightly. For example, a paternal grandfather can only inherit if the father is deceased. A brother will only inherit if specific individuals are deceased.

How Much of My Property Does Each Person Receive Under the Fara’id?

Under the Fara’id, inheritance divides into “fixed” and “variable” categories.

The fixed shares are for your spouse and parents. Here is what fraction of an inheritance every person in the “fixed” category should receive:

• A surviving husband receives one-half of the assets involved.
• A surviving husband receives one-fourth of the assets if he has children.
• A surviving wife receives one-fourth of the assets involved.
• A surviving wife receives one-eighth of the assets if she has children.
• The deceased person’s mother and father will receive one-sixth of a share each.
• If the deceased person has children, the remaining shares will go to the children in a 2:1 ration for sons and daughters.

The eldest child does not get an increased share by virtue of being the oldest. However, sons will receive two shares for every one share that a daughter gets. This apportioning is like the husband and wife ratio. When distributing assets to the deceased person’s parents, each of their amounts remains equal despite the gender difference.This is consistent with the Islamic notion of the male as the person responsible for the entire family unit. Accordingly, the male’s share is given on the basis that he will spend it upon the family, as needed. A daughter’s inheritance has no such conditions.

This inheritance scheme differs from inheritance schemes common in the United States. Distribution varies by state but all of the states’ inheritance schemes conflict with Islam. Accordingly, without an Islamic will, the shares will be distributed in a way that conflicts with Sharia law.

Property Distribution: A Sample Case Study

Sharia laws for property distribution may be confusing to grasp at first. Here is an example to help you better understand how it works.

Let us suppose that Dalil and Jameela married. They had three children together, two sons and one daughter. Jameela also has two sisters and a brother. Jameela passes away, survived by her two parents, Hamza and Hana. She chose not to have a wasiyyah. According to the Sharia law on property distribution:

• Dalil (the husband) will receive ¼ of her property.
• Hamza and Hana (the parents) will receive ⅙ each.
• The two sons will receive ⅙ each.
• The daughter will receive 1/12.
• Jameela’s sisters and brother receive nothing.

These ratios can change slightly depending on the number of people involved. However, that does not necessarily mean you will need to go into contingent beneficiaries.

For example, let us say that everything is the same in the above scenario except that Jameela’s father is not alive. Dalil will still get ¼ of Jameela’s property, and Hana will still receive ⅙. However, the children’s shares will increase. The two sons will get 7/30 each, and the daughter will get 7/60. The sisters and brother will still not receive anything.

Rules on Beneficiaries and Disinheritance

Family drama, rifts, and other issues may make you want to disinherit one of your beneficiaries. As a Muslim, however, you cannot do this.

Allah has allocated a specific formula for inheritance in the Quran. Even if you want to give all your property to a charitable cause, you are permitted to do so only with the consent of all of the heirs after your passing. The Fara’id (Mirath) portion of your wealth otherwise needs to go to its rightful heirs.

Plan Your Property Distribution around Any Current Debts

Before you distribute any part of your inheritance, including both the Wasiyyah and the Fara’id, you need to pay off any current debts.The Quran encourages Muslims to write down and keep track of their debts (e.g. document any debts taken with witnesses) so that the debts can be accounted for if someone passes away. Oftentimes, death comes when it is least expected.

Debt can be a complicated subject, especially in the United States where debt is a core component of the financial system (mortgages, car loans, credit cards, lines of credit, etc.). However, with the right planning, you can ensure you manage these debts while also following the Islamic inheritance laws.

How Do Lifetime Gifts Play into Property Distribution?

For the most part, Islam does not restrict followers from giving lifetime gifts. You can give a gift to anyone you want, even a non-Muslim or someone who is otherwise ineligible under the Islamic inheritance laws. You can also structure the gifts you give out as part of your estate plan. However, you cannot give gifts with the intent of interfering with anyone’s inheritance rights or doing injustice against others.