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12 Ways on How to Divide Inheritance in Islam

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Islam is a perfect religion. It arranges all aspects in our lives, including to the matter of dividing inheritance. Generally, inheritance is treasures that left to heirs. Meanwhile, the word of ‘waris’ is from Arabic that means a movement of something from someone to others.

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Inheritance must be divided as the teaching of Islam. So that, we should know how to divide inheritance in Islam and learn about it more. As the hadith below :

“Learn Al-Qur’an and teach it to human, and learn faraidh and teach it to human, because indeed I am a person who will be die, and knowledge will be upraised, and maybe there will be two persons who disagree, but they will not meet someone who will inform it.” (Narrated by Ahmad Turmudzi and An Nasa’i)

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How to Divide Inheritance in Islam

1. Part of son

  • He will get all of inheritance if he is alone (there is no other heirs)
  • Inheritance is divided equally, if the amount of son is more than one.
  • He gets the rest of inheritance if there is another heirs.
  • If the inheritor has a son and a daughter, then the son get two parts, while the daughter get one part. For example, the inheritor has seven children (five daughters and two sons), then inheritance must be divided nine parts. Two sons get two parts and five daughters get one parts each.

2. Part of father

  • He gets a sixth of inheritance if the inheritor has sons or grandsons. For example, if the inheritor died and she left a son and a father, then the inheritance is divided in six parts; the father gets a sixth of inheritance, meanwhile the son gets the rest of inheritance. It is five-sixth parts.
  • Get ashabah, if there is no son and grandson. For example, the inheritor died and he left a father and a husband, then her husband get a half of inheritance and her father gets ashabah (the rest).
  • Get a sixth and the rest. If there is only a daughter or granddaughter from her son. For example, a inheritor died and she left a father and a daughter, then the daughter gets a half part, while the father gets a sixth parts and the rest (ashabah).

Related to a daughter who gets a half part, see the next explanation. All of sibling or same fater/mother are blocked, because there are her father and her grandfather.

3. Part of grandfather

  • He gets a sixth part if the inheritor died and left a son or grandson (There is no father). For example, the inheritor left a son and a grandfather, then her grandfather gets a sixth part, while her son gets five-sixths part.
  • He gets ashabah if there is no one who has right to accept her inheritance except him.
  • He gets ashabah to be divided to other heirs if there is no sons, grandsons, father and women heirs. For example, the inheritor died and left her grandfather and her husband, then her husband will get a half and the rest of inheritance is for her grandfather, which means he gets a half, too.
  • He gets a sixth and the rest of inheritance, if there is a daughter or granddaughter from her son. For example, the inheritor died. She left her grandfather and her daughter, then the daughter gets a half, while her grandfather gets a sixth and the rest (ashabah). 
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Based on the explanation above, a part of grandfather is virtually the same with a part of father except if there is a wife/husband and mother, then the mother gets a third of inheritance, not a third of the rest from husband /wife.

4. Part of husband

  • The husband gets a half if his wife did not leave a child or grandchildren from her son.
  • The husband gets a quarter, if his wife died and left a child or a grandchild. For example, the wife died and left a son, a daughter and a husband, then her husband gets a quarter of inheritance. The rest if for her two children. Her son gets two parts of her daughter.

5. Part of daughter

  • She gets a half of inheritance if she is alone (there is no son).
  • She gets two third of inheritance if the amount of daughters are two or more and there is no son.
  • She gets the rest. If there are a daughter and a son. Her daughter gets one part and her son gets two parts.
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6. Part of a granddaughter from the son

  • A granddaughter of son get a half of inheritance, if she is alone (there is no siblings, sons or other daughters).
  • She gets two third of inheritance, if the amount of daughters are two or more (there is no grandsons, sons and daughters).
  • She gets a sixth of inheritance, if there is only one daughter (There is no sons or grandsons)
  • She gets ashabah with her grandson, if there is no sons. Her grandson gets two part, while her granddaughter gets one part.

7. Part of wife

  • She gets a half of inheritance if there is no child or grandchildren.
  • She gets one eighth of inheritance if there is a child or a grandchild.
  • She gets a quarter or one eighth (be divided equally) if he has wives more than one.

8. Part of mother

  • She gets a sixth of inheritance if there is no child or grandchildren.
  • She gets a sixth of inheritance if there is a brother or a sister.
  • She gets a third of inheritance if there is only her father and her.
  • She gets a third of the rest after her husband gets his part. If her mother with other heirs (her father and her husband), then her husband gets a half, her mother gets a third of the rest, and her father gets ashabah (the rest).

9. Part of sister

  • She gets a half of inheritance if she is alone, there is no sibling, father, grandfather and children.
  • She gets two third of inheritance if there are two or more sisters and there is no sibling, children, father and grandfather.
  • She gets the rest, if she is with her brother, there is no son and father. Her brother gets two parts, while she gets one part.

10. Part of half sister

  • She gets a half part if she is alone (there is no father, grandfather, children, half brother, and sibling)
  • She gets two third part if there are two or more (there is no father, grandfather, children, half brother and sibling)
  • She gets a sixth part, both she is alone or not, if there is one sister (there is no children, grandchildren, father, grandfather, sibling and half brother)
  • She gets ashabah if there is a half brother. Her half brother gets two part and she gets one part.

11. Part of brother of same mother

  • He gets a sixth of inheritance if he is alone (there is no children, grandchildren, father and grandfather)
  • He gets a third part if there are two or more brothers of same mother, both brother or sister get the same section.

12. Those who have no right over the inheritance

According to the law of Islam about inheritance, there are some kind of people who have no right to accept inheritance, they are :

  • The killer of inheritor based on the hadith that is narrated by Al Tirmidzi, Ibn Majah, Abu Daud and An Nasa’i.
  • The apostate. He is a person who go out from Islam. It is based on the hadith that is narrated by Abu Bardah.
  • A person who has different religion with the inheritor. Its means that he is not a Moslem or kafir.
  • The adulterine child who born from unmarried persons (adultery). It is based on the hadith that is narrated by At Tirmidzi [Hazairin, 1964 : 57]
  • If the inheritor left a mother, then all of grandmothers will be hindered, both a maternal grandmother and a paternal grandmother. Meanwhile, if all of heirs are still alive, then people who have right to get the inheritance are only sons, daughters, father, mother, widow and widower. Meanwhile, others will be hindered.

See also : Funeral rights in Islam

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Kategori : Fiqh