Inheritance
Inheritance is property or rights that, upon a person’s death, are transferred to their heirs. Heirs acquire ownership of their share of the inheritance after settling the deceased’s obligations and debts, in accordance with their class of inheritance. In Islamic jurisprudence, two factors of kinship (relationship through blood) and marriage (relationship through marriage) are recognized as causes of inheritance. However, disbelief (kufr), homicide (qatl), slavery, li‘ān (mutual cursing leading to severance of marital ties), and adultery, under certain circumstances, are considered impediments to inheritance.
The rulings of inheritance and the shares of each heir are stated in the Qur’an and narrations. Jurisprudential books also discuss them in detail. One special ruling of inheritance in Islam is that the son’s inheritance share is double that of the daughter. In the constitutions of some countries, such as Iran and Afghanistan, inheritance laws are based on Islamic jurisprudential rulings.
The Status and Definition of Inheritance in Jurisprudence
Inheritance is considered one of the important issues in jurisprudence. In jurisprudence, the issues and rulings of inheritance are discussed extensively in an independent section. In the Qur’an, the rulings on inheritance and the share of each heir are also stated. Moreover, in hadith books, many narrations are also transmitted regarding the issues and rulings of inheritance. For example, in the book Wasa’il al-Shi’a, in a section titled “Farāʾiḍ wa Mawārīth” (Obligatory Shares and Inheritance), in twelve chapters, various narrations are mentioned regarding issues such as impediments to inheritance, causes of inheritance, and the inheritance of parents and children.
Concept Definition
In its jurisprudential definition, “inheritance” (irth) refers to the assets remaining from a deceased person that are transferred to some of their surviving heirs.
Inheritance, besides assets, also includes matters such as the option for revocation of a transaction (ḥaqq khiyār) and the right of pre-emption (shufʿa). The person entitled to inheritance is called a “heir” (wārith), and the person whose inheritance remains is referred to as the “testator” (muwārrith). The property and rights left behind by the deceased are called “estate” (taraka) or “inheritance” (mīrāth). In Islamic jurisprudence, following the Qur’an, inheritance is referred to as farḍ and farīḍah (obligation).
The ownership of the heirs over the estate of the deceased becomes established only after settling the rights and debts associated with the inheritance; i.e. first, the expenses of preparation and burial shrouding, debts, financial obligations, bequests within one-third of the deceased’s estate without the heirs’ permission or exceeding one-third with their permission, and the portion entitled to the eldest son (ḥabwa) are deducted from the deceased’s assets, and then, the remaining estate is transferred to the heirs as inheritance.
Causes of Inheritance
Two factors cause inheritance:
Kinship (Nasab - Blood Relatives): The connection between two parties of inheritance through birth, such as fatherhood and sonship, and sisterhood and brotherhood.
Cause (Sabab - Legal Cause): The bond between two parties of inheritance through non-kinship, which has two types:
a. Marriage: Permanent or temporary marriage with the condition of inheritance (according to the prominent opinion (among jurists)).
b. Wilāʾ (Patronage): A bond other than birth and marriage, which is of three types and involves specific conditions for inheritance:
- Wilāʾ of ʿItq (manumission) (related to the rulings of slavery and bondage),
- Wilāʾ of Ḍimān al-Jarīra (indemnity guarantee) (a contract of liability with the condition of inheritance),
- Wilāʾ of Imamate: Inheritance by the infallible Imam (a) in the absence of any heirs.
For more information, see also: kinship-based mahramiyya and legal mahramiyya (Legal Relationship).
Classes of Inheritance (Ṭabaqāt al-Irth)
Kinship-based heirs are divided into three main classes. Generally, a lower class inherits only when there is no heir in the higher class. Each of these classes has its own specific rulings and rankings:
First Class: Father, mother, child, and grandchild (in the absence and death of the child);
Second Class: Paternal grandfather and grandmother, maternal grandfather and grandmother, and all ancestors above them; siblings (paternal, maternal, or from both parents) and their children in their absence.
Third Class: Uncle, aunt (paternal or maternal), and their children in their absence. In the absence of the aforementioned cases, the paternal uncles and aunts of the deceased’s father inherit.
The Inheritance Share of Each of the Heirs
It is stated that the entitlement to inheritance is sometimes based on “fard” and “tasmiya” meaning it is explicitly mentioned in the Qur’an, and sometimes based on kinship, for which no specific share is determined in the Qur’an and is referred to as “Ulu al-Arḥām” (blood relatives) in the Qur’an, such as the share of paternal uncle or aunt. The “fara’id” shares, or the shares mentioned in the Qur’an, are as follows:
One-half: If there is one daughter and she has no brother, she inherits half of the estate. Similarly, if there is a paternal sister or a sister from the same parents who is alone, and also the husband, if he has no children from his wife, they receive half of the inheritance.
Two-Thirds: Two or more daughters, if they have no brothers, inherit two-thirds of the inheritance. Similarly, there are two paternal sisters or sisters from the same parents, if they have no brothers, also inherit two-thirds of the inheritance.
One-Third: The mother inherits one-third if the deceased has no children or brothers, but if the deceased has maternal brothers and sisters, if there are multiple, collectively inherit one-third of the inheritance.
One-fourth: The wife inherits one-fourth of her husband’s estate if he has no children. The husband inherits one-fourth of his wife’s estate if she has no children from him or anyone else.
One-sixth: If the deceased has children and both parents are alive, they inherit one-sixth of the inheritance. Likewise, if the deceased has a brother, the mother of the deceased inherits one-sixth of the inheritance. The share of a maternal brother or sister, if they are alone, is also one-sixth.
One-Eighth: The wife’s share, if her husband has children, is one-eighth.
The Inheritance of Husband and Wife:
Husband and wife inherit from each other and share the inheritance with other heirs. Neither of them inherits all the property of the other, except in a case where the husband is the only heir of the wife, in which case the husband inherits all the property.
The Double Share of Men Compared to Women
In two cases, the woman inherits half of what the man inherits:
Son inherits twice as much as the daughter: The basis of this ruling is verse 11 of Sura an-Nisa’, according to which the share of a son is equal to the share of two daughters.
Sister of the deceased (kalala): If the deceased is kalala (having no father, mother, or child to inherit from him), and his brother and sister are from the same father and mother, the sister inherits half of her brother’s share. Verse 176 of Surah An-Nisa indicates this ruling.
Impediments to Inheritance
In books of jurisprudence, cases have been mentioned that prevent inheritance. The impediments to inheritance are:
Disbelief (Kufr): According to the consensus of Muslims, a disbeliever does not inherit from a Muslim. However, based on the consensus of Twlever jurists, a Muslim inherits from a disbeliever. It is said that a deceased apostate is ruled as a Muslim, and a disbeliever does not inherit from them.
Murder: If an heir is a deliberate and unjust murderer of the inherited (the killed), they are deprived of inheritance, and if the killing was accidental, the murderer is only deprived of inheriting the blood money (diya). The children and relatives of the murderer are not deprived of inheritance.
Slavery: A slave does not inherit from anyone, even if the deceased is also a slave. If a slave dies, their property goes to a free person (non-slave).
Li‘ān (Mutual Cursing): If li‘ān occurs between a husband and wife, since li‘ān causes the severance of the marital bond and separation of the husband and wife, the husband and wife do not inherit from each other. However, the child about whom li‘ān occurred inherits from their mother but does not inherit from their father.
Pregnancy: A child does not inherit as long as they are in the mother’s womb; however, they prevent the next class and rank from inheriting. According to the jurists, a fetus inherits only when it is conceived at the time of the death of the inherited and is born alive, even if it dies immediately after birth. It is also said that if the fetus is born dead, it does not prevent the next class from inheriting.
Missing Person: A person who is absent and missing prevents the next class from inheriting, and they themselves inherit from others, and it is added to their property. Of course, when the death of the missing person becomes known, or when the religious authority rules on their death, their property is transferred to their heirs. Likewise, if it becomes known that the missing person died before the inherited, the property they had inherited in this regard is returned to the deceased’s estate and is distributed among the deceased’s heirs.
Adultery: A child born out of adultery does not inherit from their father or mother, and likewise, the father, mother, and relatives of a child born out of adultery do not inherit from them.
Debt (Loan): Some jurists have considered a debt that encompasses all the deceased's wealth as one of the impediments to inheritance.
Hajb (Exclusion): Hajb in inheritance means that an heir is deprived of all or part of the inheritance due to the presence of another heir. The first type is called Hajb Ḥirmān (complete deprivation), and the second type is called Hajb Nuqṣān (partial deprivation). The existence of each preceding class among the three classes of heirs prevents the next class from inheriting.
Civil Law of Islamic Countries
In the Civil Law of the Islamic Republic of Iran, which discusses inheritance from Article 861 to Article 949, various topics related to inheritance, including classes, causes, and impediments to inheritance, are presented based on Shi‘a jurisprudence. In the Civil Law of Afghanistan, which has been prepared and compiled based on the Hanafi school of thought, from Article 1993 to Article 2102, several sections address various topics related to inheritance, including general rulings, causes, and impediments to inheritance.
Bibliography
“Erth az nazar-e Islam” – Written in Persian by Mohammad Baqer Ashtiani. This book was published by the Library of the Madreseh-ye Chehelsotun, Grand Mosque of Tehran, in 1354 SH (1975).
“Irth al-Shi‘a” – Written in Persian by Abbas Ali Adib, one of the scholars of the Islamic seminary of Isfahan. It was printed and published in 1335 SH (1956).
“Tahqiq dar Erth-e Zan az Dara’i” – Written in Persian by Mohammad Ali Qazi Tabatabaei, printed in 1978 (1357 SH) in Tabriz.