Distribution of property according to Islamic law
The Prophet (peace be upon him) said about 1400 years ago today, “Learn the law of inheritance yourself and teach it to others. This knowledge is half of all knowledge.” Despite being Muslims, many of us have little idea about inheritance law. But every Muslim should know this. In Islam, the property left by the deceased is distributed among his heirs on the basis of the Quran and Sunnah. The distribution of property for a Muslim in this way is called ‘Farayaz’.
As the issue of inheritance is very broad, we will discuss here only the due share of the inheritance of husband-wife, parents, and sons-daughters.
Some work before the distribution of property
When a Muslim dies, some work has to be done before the distribution of property. The rest of the property is then distributed among the heirs.
- From the property of the deceased, all the expenses of his burial-shroud must be paid first.
- If he has taken any loans or debts while he is alive, they should also be repaid from the property left behind.
- When the deceased has not paid the wife’s dowry or if it is partially unpaid, it has to be paid first.
- If a deceased person makes a donation or will, it must be given to the recipient of the will.
Upon completion of these works, the remaining property of the deceased will be distributed among his heirs in accordance with Islamic law.
Proportion of shares while distribution of property
The proportion to which this property will be distributed is given below-
1) Husband’s share
The husband inherits the property of the deceased wife in two ways. Remember, the husband is never deprived of his deceased wife’s property. If the deceased wife has any children, the husband will get 1/4 of the wife’s property.
And if the deceased wife has no children, the husband will get half of her property.
2) Wife’s share
The wife also gets the property of her deceased husband in two ways. Note,the widow is not deprived of her husband’s property in any way. If the deceased husband has any children or children of his son, the wife will get 1/6 of the husband’s property. When the deceased husband has no children or no children of son, then the wife will get 1/4 of the husband’s property. Even if there is more than one wife, everyone will get an equal share of 1/4.
3) Father’s share
If the son of the deceased child, the son of the son, or someone below, survives, then the father of the deceased child will get 1/6 of the property.
The same applies even if the deceased has a daughter. However, the father will also get what is left after giving it to the daughters and others. Remember, if any of the children and father of the deceased are alive, his property will be given to his living brothers. And if there is no brother, the children of the brother will get.
4) Mother’s share
If there is any child or son of the deceased person, if there are any of the lower sides or if the deceased person has his own, step-brother or step-siblings, then the mother will get 1/6 part of the property. When there are no children or sons of the deceased, thus there is no one below and the deceased has no more than one brother or sister, then the mother will get 1/3 share.
5) Son’s share
The son or sons of the deceased get a share from the property in all cases. In case where the deceased has both a son and a daughter, the sons will receive twice as much property as the daughters. The remaining property will be distributed among the sons and daughters after the parents and spouses receive certain property of the deceased’s property. However, if there is no daughter, the boys will get the rest of the property as a shareholder after giving the share to the partners.
6) Daughter’s share
Daughters can get the property of the deceased parents in three ways. If she is an only daughter, she will get half of the property left. When there is more than one girl, everyone will get 2/3 share equally. If there are both sons and daughters, then the ratio of the property of the son to the daughter will be 2:1, that is, the daughter will get half of the son. However, under Islamic law, a daughter is never deprived of her parents’ property.
This is a brief section on the distribution of property in Islamic law. From all these sections on inheritance and the previous episodes, we can see how Islam has given a complete direction in the distribution of the property of the deceased.