Distribution of inheritance (Meeras / Wirasat) carries a special place in Islam and is a very important component of the Muslim faith and is considered as an integral part of the Sharia Law. Among the relatives in Islam, there is a legal share as per Quran for each descendant in monetary value/property the deceased has left. Quran has mentioned different shares over the matters of Islamic inheritance.

Importance of Learning Faraid

The Qur’an and Hadith place great emphasis on the knowledge of Meerath. Every muslim must know what is faraid. Rasulullah (Sallallahu alayhi wassallam) exhorted much the acquisition and teaching of Ilmul Faraid. In this regard he said:
“I shall be taken away. Learn Faraid and teach it (to others). The time is near for the door of Wahi to be closed. The time for the disappearance of knowledge will dawn when two persons will dispute regarding a necessary mas’alah (deeni question) and they will find no one to decide the dispute.”

Speaking on the virtues of Faraid, Rasulullah (Sallallahu alayhi wasallam) said:
“O people! Learn Faraid. It is half of knowledge. “

In view of the importance and significance of inheritance, its knowledge is described as ‘half of knowledge’.
Regarding the disappearance of this knowledge, Rasullallah (Sallallahu alayhi wasallam) predicted:

“The first (branch of) knowledge which will be taken away from my Ummah will be Ilmul Faraid.”

Details of Faraid

Inheritance is considered as an integral part of Shariah Law. Muslims inherit from one another as stated in the Qur’an.[Qur’an 4:7] Hence, there is a legal share for relatives of the decedent in his estate and property. The major rules of inheritance are detailed in Qur’an, Hadith and Fiqh.

When a Muslim dies there are four duties which need to be performed. They are:

1. Paying funeral and burial expenses.
2. Paying debts of the deceased.
3. Determine the value / will of the deceased if any (which is capped to one third of the estate as the remainder is decided by shariah law).
4. Distribute the remainder of estate and property to the relatives of the deceased according to Shariah Law.

Therefore, it is necessary to determine the relatives of the deceased who are entitled to inherit, and their shares. These laws take greater prominence in Islam because of the restriction placed on the testator (a person who makes a will). Islamic law places two restrictions on the testator:

1. To whom he or she can bequeath his or her wealth.
2. The amount that he or she can bequeath (which must not exceed one third of the deceased’s estate).

Different Types of Heirs in Faraid

Heirs referred to as primary heirs are always entitled to a share of the inheritance, they are never totally excluded. These primary heirs consist of the spouse relict, both parents, the son and the daughter. All remaining heirs can be totally excluded by the presence of other heirs. But under certain circumstances, other heirs can also inherit as residuaries, namely the father, paternal grandfather, daughter, agnatic granddaughter, full sister, consanguine sister and mother. Those who inherit are usually categorized into three groups:

Quota Heirs (Sahibul Fardh/Quranic Heirs)

This group includes four males and eight females. The male quota-heirs are the husband, father, paternal grandfather and maternal brother. The females quot-heirs are the wife, daughter, granddaughter, mother, grandmother, full sister, paternal sister and maternal sister. However, there are scenarios that could move the daughter, granddaughter, father, grandfather, full siblings and paternal siblings to the second group (Asabah).

Members of the Asabah (Residuaries)

Usually a combination of male (and sometimes female) relatives that inherit as residuaries after the shares of the Quota-heirs is distributed.

Zawul Arham (Extended Family Members)

This includes any blood relative who is not a quot-heir or asabah (residuary). Examples include maternal grandfather, aunts, nieces and female cousins.