- 07-Jun-2025
- Cyber and Technology Law
Muslim inheritance law in India is primarily governed by Shari'a law (Islamic law), which outlines the specific rules for the distribution of a deceased person's property among their heirs. Unlike Hindu law, which follows a more uniform set of rules, Muslim inheritance is based on a detailed system of shares outlined in the Quran and Hadith. The rules are quite intricate and provide for fixed shares for certain heirs, including spouses, children, and parents.
Muslim inheritance law provides specific fixed shares for various categories of heirs. The shares are detailed in the Quran (2:180-2:182) and further clarified by Islamic scholars in Hadith. The primary heirs under Shari’a law include:
The fixed shares for the primary heirs under Shari’a law are as follows:
Certain individuals are excluded from inheritance if they do not meet the necessary requirements of a legal heir under Shari’a law. For example:
The estate is divided into shares for each of the heirs. After the payment of funeral expenses and any debts of the deceased, the remaining property is distributed among the legal heirs as per their fixed shares under Shari’a law.
If there are multiple heirs, such as sons, daughters, and parents, the estate is divided accordingly with the son’s share being double that of the daughter.
If there are no sons, daughters inherit equally. However, if there is only one daughter, she receives half of the inheritance.
A widow typically receives 1/8th of her husband's property if they have children and 1/4th if there are no children.
A widower receives 1/4th of his wife’s estate if they have children, and 1/2 if they have no children.
The mother gets 1/6th of the estate if the deceased has children. If the deceased has no children, the mother's share increases to 1/3rd of the estate.
The father, if surviving, inherits the remaining estate after the shares of the mother, wife, children, and others are accounted for.
Wasiyyah refers to the will or bequest a Muslim can make for up to 1/3rd of their estate. The bequest can be made to anyone, but it cannot exceed 1/3rd of the estate.
The remaining 2/3rd of the estate is distributed according to the fixed shares outlined in Shari’a law. The bequest must also not be made to heirs (those entitled to a fixed share under Islamic law) unless they renounce their share.
Let's consider the estate of Mr. Ahmed, who has passed away, leaving behind the following heirs:
The total estate of Mr. Ahmed is ₹60,00,000. Here is how it will be divided:
Thus, the property is divided as follows:
Muslims can write a will (wasiyyah), but the bequest cannot exceed 1/3 of the estate.
The will must comply with Islamic principles, and the inheritance rules outlined in Shari’a law must be followed. However, a Muslim can distribute their estate freely through a will for the remaining portion (after the fixed shares for legal heirs have been allocated).
Muslim inheritance law is governed by Shari'a law, which divides the property of a deceased individual among their legal heirs based on fixed shares outlined in the Quran. The distribution is highly structured and varies based on the relationship between the deceased and the heirs. Spouses, children, parents, and other close family members receive predetermined portions of the estate. The law also permits Muslims to make bequests up to one-third of their estate. While Muslims can make a will, the distribution of property is typically governed by Shari’a law unless specified otherwise in a valid will.
Answer By Law4u Team
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