In this piece
First, what comes out of the estateThe fixed sharesWho takes what’s leftWho blocks whomWorked examplesWho doesn’t inheritMaking it happen in the UKQuick answersComments- Funeral costs, debts and any bequest of up to a third come out first.
- Close family then take fixed shares, such as a wife’s eighth when there are children.
- What’s left goes to the nearest male relatives on the father’s side, with sisters and daughters alongside them.
Islamic inheritance has a reputation for being complicated. Most of it isn’t. The Qur’an fixes the shares for close family, and a few rules decide who steps aside for whom. This guide follows the Hanafi school, which many British Muslims follow. The other schools agree on almost all of it.
First, what comes out of the estate
Before anyone inherits, three things are paid, in this order:
- Funeral costs, kept reasonable.
- Debts, including any mahr still owed to a wife.
- A bequest (wasiyyah) of up to a third of what’s left, to people who don’t inherit or to charity.
The heirs share everything after that. A bequest over a third, or one to an heir, only stands if the heirs agree after the death.
The fixed shares
These relatives take a set fraction. Whether there are children changes most of them. Here, “children” means the deceased’s children or a son’s children.
| Heir | Share | When |
|---|---|---|
| Husband | 1/2 | No children |
| Husband | 1/4 | With children |
| Wife | 1/4 | No children |
| Wife | 1/8 | With children. Two or more wives share it |
| Father | 1/6 | With a son or son’s son |
| Father | 1/6 and what’s left | With only daughters or son’s daughters |
| Mother | 1/6 | With children, or two or more brothers or sisters |
| Mother | 1/3 | Otherwise |
| One daughter | 1/2 | No son |
| Two or more daughters | 2/3, shared | No son |
| Full sister | 1/2, or 2/3 for two or more | No children, father, grandfather or brother |
| Half-siblings through the mother | 1/6 for one, 1/3 shared for two or more | No children, father or grandfather |
| Grandmother | 1/6, shared if two | No mother. The father’s mother also needs no father |
A son has no fixed share. He takes what’s left, and if there are daughters too, each son gets twice a daughter’s portion.
One special case: when the only heirs are a spouse and both parents, the mother gets a third of what’s left after the spouse’s share, not a third of the whole.
Who takes what’s left
After the fixed shares, the rest goes to the nearest male relative on the father’s side, in this order:
- Sons, then son’s sons
- Father, then father’s father
- Full brothers, then half-brothers through the father
- Their sons
- Father’s brothers, then their sons
The nearest one takes everything left, and the rest get nothing. Daughters share it with sons, and sisters with brothers, at half a male’s portion. If the deceased leaves daughters but no son, son’s son, father or grandfather, full sisters take what’s left after the daughters’ share.
Who blocks whom
A closer relative can push a more distant one out entirely:
- A son blocks grandchildren, brothers, sisters, nephews and uncles.
- A father blocks brothers, sisters and his own father.
- Under the Hanafi school, the father’s father blocks brothers and sisters too. The other schools let them share with him.
- A mother blocks grandmothers.
- Any child or son’s child blocks half-siblings through the mother.
Worked examples
A man leaves a wife, a son and a daughter, with £120,000 to share. The wife takes an eighth, £15,000. The son and daughter split the rest two parts to one: the son gets £70,000 and the daughter £35,000.
A man leaves a wife, his mother, a brother and a sister, with £72,000. No children, so the wife takes a quarter, £18,000. The mother takes a sixth, £12,000, because there are two siblings. The brother and sister share the rest two to one: £28,000 and £14,000.
A woman leaves a husband, her mother and two daughters, with £130,000. The shares add up to more than the whole: a quarter, a sixth and two-thirds make 13/12. So every share shrinks in proportion, which is called ‘awl. The husband gets £30,000, the mother £20,000 and the daughters £40,000 each.
A man leaves a wife and one daughter, with £80,000. The shares only add up to five-eighths, and no one is left to take the rest. Under the Hanafi school it goes back to the heirs other than the spouse, which is called radd. The wife keeps her eighth, £10,000, and the daughter gets £70,000.
Who doesn’t inherit
- Someone who unlawfully killed the deceased.
- Someone of a different religion.
- Adopted children and stepchildren, though a bequest can provide for them.
- More distant relatives, such as a daughter’s children or the mother’s brothers, unless no one listed above is left.
Making it happen in the UK
In England and Wales, none of this applies unless a will says so. Without a will, the intestacy rules decide, and they can leave a spouse far more than an Islamic share and siblings nothing at all.
A will must be in writing, signed in front of two witnesses who are present at the same time, and signed by them. A gift to a witness, or to a witness’s husband, wife or civil partner, fails, so don’t ask an heir to witness it. Scotland and Northern Ireland have their own rules, and Scotland gives a spouse and children rights that a will can’t override.
Family set-ups vary, and real estates bring questions about jointly owned homes, pensions and businesses. Use this guide to understand the shares, then ask a scholar to confirm them and a solicitor or specialist will writer to put them into a will. Read the basics of an Islamic will.
Quick answers
Why does a son get twice a daughter’s share?
It’s set out in the Qur’an (4:11). Scholars explain it by the duties placed on men to pay mahr and to provide for their wives and families, while a woman’s own wealth stays hers.
Can I leave more to one child in my will?
Not through a bequest. A bequest can’t go to someone who already inherits unless the other heirs agree after the death. You can give gifts in your lifetime, and scholars urge fairness between children.
Do adopted children or stepchildren inherit?
Not as heirs under these rules. You can provide for them through the bequest of up to a third.
Do these shares apply automatically in the UK?
No. In England and Wales they only apply if a valid will says so. Without a will, the intestacy rules decide, and they divide things very differently.
- The Qur’an, Surah an-Nisa (4:11, 4:12 and 4:176)
- Wills Act 1837, section 9 (how a will is signed and witnessed)
- Who inherits if someone dies without a will, GOV.UK
If you spot a mistake, tell us and we’ll fix it.
General information, not legal advice. Your will should be written with a solicitor or specialist who knows your circumstances, and a scholar can help with the shares. Rules differ in Scotland and Northern Ireland.
