FARAID
CHAPTER 5
Introduction
• Understanding the Islamic Law of inheritance is important because it
forms the basis of distribution system under the Shariah principles.
• By understanding the concept of Shariah based distribution system, a
person could plan and determine how to apply and design the desired
outcome for the distribution of his estate.
• In other words, all the interest of his loved ones, either the legal heirs
or non-legal heirs who are dear to him could be taken into account.
Overview of the Islamic Law of Inheritance
• In the Quran, verses on Faraid or the Islamic Law of inheritance is one
of the verses expressly revealed and explained in detail with regards
to the rights and entitlement of each legal heir.
• The sources of faraid can be found in the verses of Surah al-Nisa,
verse 11, 12 and 176. these 3 verses form the law of faraid.
Surah al-Nisa verse 11 as follows:
• ُيوِص يُك ُم ُهّللا ِفي َأْو َالِد ُك ْم ِللَّذ َك ِر ِم ْثُل َح ِّظ اُألنَثَيْيِن َفِإن ُك َّن ِنَس اء َفْو َق اْثَنَتْيِن َفَلُهَّن ُثُلَثا َم ا َتَر َك َو ِإن
َك اَنْت َو اِح َد ًة َفَلَها الِّنْص ُف َو َألَبَو ْيِه ِلُك ِّل َو اِح ٍد ِّم ْنُهَم ا الُّس ُد ُس ِمَّم ا َتَر َك ِإن َك اَن َلُه َو َلٌد َفِإن َّلْم َيُك ن َّلُه
َو َلٌد َوَو ِر َثُه َأَبَو اُه َفُألِّم ِه الُّثُلُث َفِإن َك اَن َلُه ِإْخ َو ٌة َفُألِّم ِه الُّس ُد ُس ِم ن َبْع ِد َو ِص َّيٍة ُيوِص ي ِبَها َأْو َد ْيٍن
١١﴿ ﴾ آَبآُؤ ُك ْم َو َأبناُؤ ُك ْم َال َتْد ُروَن َأُّيُهْم َأْقَر ُب َلُك ْم َنْفعًا َفِر يَض ًة ِّم َن ِهّللا ِإَّن َهّللا َك اَن َع ِليما َح ِكيًم ا
• Allah (thus) directs you as regards your Children´s (Inheritance): to the male, a portion equal
to that of two females: if only daughters, two or more, their share is two-thirds of the
inheritance; if only one, her share is a half. For parents, a sixth share of the inheritance to
each, if the deceased left children; if no children, and the parents are the (only) heirs, the
mother has a third; if the deceased Left brothers (or sisters) the mother has a sixth. (The
distribution in all cases is) after the payment of legacies and debts. Ye know not whether your
parents or your children are nearest to you in benefit. These are settled portions ordained by
Allah; and Allah is All-knowing, Al-wise. (al-Nisa, 4: 11)
• The verse explains on the rights and entitlement of the following legal heirs: sons, daughters,
mother and father.
• The entitlements are to be distributed only after legacies and debts are settled.
Surah al-Nisa’ verse 12 reads as follows:
َو َلُك ْم ِنْص ُف َم ا َتَر َك َأْز َو اُج ُك ْم ِإن َّلْم َيُك ن َّلُهَّن َو َلٌد َفِإن َك اَن َلُهَّن َو َلٌد َفَلُك ُم الُّر ُبُع ِمَّم ا َتَر ْك َن ِم ن َبْع ِد
َو ِص َّيٍة ُيوِص يَن ِبَها َأْو َد ْيٍن َو َلُهَّن الُّر ُبُع ِمَّم ا َتَر ْك ُتْم ِإن َّلْم َيُك ن َّلُك ْم َو َلٌد َفِإن َك اَن َلُك ْم َو َلٌد َفَلُهَّن الُّثُم ُن ِمَّم ا
َتَر ْك ُتم ِّم ن َبْع ِد َو ِص َّيٍة ُتوُصوَن ِبَها َأْو َد ْيٍن َو ِإن َك اَن َر ُجٌل ُيوَر ُث َك َالَلًة َأو اْمَر َأٌة َو َلُه َأٌخ َأْو ُأْخ ٌت َفِلُك ِّل
َو اِح ٍد ِّم ْنُهَم ا الُّس ُد ُس َفِإن َك اُنَو ْا َأْك َثَر ِم ن َذ ِلَك َفُهْم ُش َر َك اء ِفي الُّثُلِث ِم ن َبْع ِد َو ِص َّيٍة ُيوَص ى ِبَهآ َأْو َد ْيٍن
١٢﴿ ﴾ َغ ْيَر ُم َض آٍّر َو ِص َّيًة ِّم َن ِهّللا َو ُهّللا َع ِليٌم َحِليٌم
In what your wives leave, your share is a half, if they leave no child; but if they leave a child, ye
get a fourth; after payment of legacies and debts. In what ye leave, their share is a fourth, if ye
leave no child; but if ye leave a child, they get an eighth; after payment of legacies and debts. If
the man or woman whose inheritance is in question, has left neither ascendants nor
descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than
two, they share in a third; after payment of legacies and debts; so that no loss is caused (to any
one). Thus is it ordained by Allah; and Allah is All-knowing, Most Forbearing. (al-Nisa’ 4: 12)
• Verse 12 of surah al-Nisa’ explains on the rights and entitlement of the following legal heirs:
Husband, wife and in absence of children, uterine heirs (from the same mother but different
father). And the entitlement is to be distributed only after legacies and debts are settled.
Surah al-Nisa’ verse 176 read as follows:
• َيْس َتْفُتوَنَك ُقِل ُهّللا ُيْفِتيُك ْم ِفي اْلَك َالَلِة ِإِن اْم ُر ٌؤ َهَلَك َلْيَس َلُه َو َلٌد َو َلُه ُأْخ ٌت َفَلَها ِنْص ُف َم ا َتَر َك َو ُهَو
َيِرُثَهآ ِإن َّلْم َيُك ن َّلَها َو َلٌد َفِإن َك اَنَتا اْثَنَتْيِن َفَلُهَم ا الُّثُلَثاِن ِمَّم ا َتَر َك َو ِإن َك اُنوْا ِإْخ َو ًة ِّر َج اًال َو ِنَس اء
١٧٦﴿ ﴾ َفِللَّذ َك ِر ِم ْثُل َح ِّظ اُألنَثَيْيِن ُيَبِّيُن ُهّللا َلُك ْم َأن َتِض ُّلوْا َو ُهّللا ِبُك ِّل َش ْي ٍء َع ِليٌم
They ask thee for a legal decision. Say: Allah directs (thus) about those who leave no descendants or
ascendants as heirs. If it is a man that dies, leaving a sister but no child, she shall have half the
inheritance: If (such a deceased was) a woman, who left no child, Her brother takes her inheritance:
If there are two sisters, they shall have two-thirds of the inheritance (between them): if there are
brothers and sisters, (they share), the male having twice the share of the female. Thus doth Allah
make clear to you (His law), lest ye err. And Allah hath knowledge of all things. (al-Nisa’ 4:176)
• Verse 176 explains on the rights and entitlement of the following legal heirs: bothers and sisters
of the deceased.
• The entitlement is to be distributed only after legacies and debts are settled.
Cont.,
• From these verses, the faraid is applicable upon the demise of a
Muslim and will distributed after honouring the legacies and the
settlement of debts including harta sepencarian, claims on hibah and
other claims made to the estate.
In applying faraid, each beneficiary is entitled to their share of the estate
based on the following entitlement.
No Legal heir Condition Entitlement Condition Entitlement Condition Entitlement
1 Father The deceased has children 1/6 The deceased has no 1/6 +
children residue
2 Mother The deceased has children or 1/6 The deceased has no 1/3
the deceased has no children children and only 1
& more than 1 germane sister germane sister
3 Husband The deceased has children 1/4 The deceased has no 1/2
children
4 Wife The deceased has children 1/8 The deceased has no 1/4
children
5 Son Sons only residue Inherit with daughter 2:1
6 Daughter Only child 1/2 More than 1 daughters 2/3 Inherit 1:2
with son
7 Uterine In the absence of father, 1/6 In the absence of father, 1/3
brother & brother, sister and child of brother, sister and child of
sister the deceased & are the only the deceased & consist of
legal heir 2 or more
Cont.,
The applications of faraid are as follows:
Scenario 1: A man dies leaving a wife, a daughter and a son.
No Legal Heir Entitlement Calculation Final calculation Every
RM100,000.00
1 Wife 1/8 1/8 3/24 12,500.00
2 Daughter 1:2 Balance 7/8 x 7/24 29,166.66
1/3
3 Son 2:1 Balance 7/8 x 14/24 58,333.33
2/3
Cont.,
Scenario 2: A woman dies leaving a husband, a daughter and a son.
No Legal Heir Entitlement Calculation Final calculation Every
RM100,000.00
1 Husband 1/4 1/4 3/12 25 000.00
2 Daughter 1:2 Balance 3/4 x 3/12 25 000.00
1/3
3 Son 2:1 Balance 3/4 x 6/12 50 000.00
2/3
Cont.,
Scenario 3: A man dies leaving a father, a mother, a wife, a daughter
and a son.
No Legal Heir Entitlement Calculation 24 Calculation Final calculation Every
24 x 3 = 72 RM100,000.00
1 Father 1/6 4 4 x 3 = 12 12/72 16 666.66
2 Mother 1/6 4 4 x 3 = 12 12/72 16 666.66
3 Wife 1/8 3 3 x 4 = 12 9/72 12 500.00
4 Daughter 1:2 Balance 13/24 x 13/72 13/72 18 055.55
1/3 = 13/72
5 Son 2:1 Balance 13/24 x 26/72 26/72 36 111.11
2/3 =26/72
Cont.,
Scenario 4: A woman dies leaving a father, a mother, a husband, a
daughter and a son.
No Legal Heir Entitlement Calculation 12 Calculation Final calculation Every
12 x 3 = 36 RM100,000.00
1 Father 1/6 2 2x3=6 6/36 16 666.66
2 Mother 1/6 2 2x3=6 6/36 16 666.66
3 Husband 1/4 3 3x3=9 9/36 25 000.00
4 Daughter 1:2 Balance 5/12 x 5/36 5/36 13 888.88
1/3 = 5/36
5 Son 2:1 Balance 5/12 x 10/36 10/36 27 777.77
2/3 =10/36
Cont.,
Scenario 5: A man dies leaving a mother and two uterine sisters.
No Legal Heir Entitlement Calculation Final calculation Every
RM100,000.00
1 Mother 1/3 1/3 1/3 33 333.33
2 2 uterine 1/3 1/3 1/3 33 333.33
sisters
3 Balance to 1/3 33 333.33
Bayt al-Mal
• Bayt al-mal will inherit 1/3 of the estate as the legal heir.
• 2 uterine sister will inherit equally which means RM33 333.33/2 = RM16
666.66 each.
Cont.,
How do we arrive to the method of calculation? The method of
calculation is based on the following steps:
1) We have to determine the legal heir (Quranic Heir- ahl fard) and
their entitlements. The Quranic heirs have fixed entitlement such as
father, mother, wife or husband.
2) The remainder will be distributed to the son and daughter.
3) We have to determine what type of residuary is applicable
Condition of Succession
The basic rules of the application of faraid are as follows:
1. Condition of Succession: the conditions of succession are as follows:
a) Death of a Person:
- faraid can only be applied upon the demise of a person.
- proof of death is important (evidenced by death certificate)
- in cases of a missing person, a Civil Court Order under
presumption of death is required. Another alternative is for the
applicant to apply for the distribution of the estate to make a
statutory declaration. The court has the right to reject the statutory
declaration if it is not satisfied by the deponent’s affidavit/sworn
statement.
Cont ., Condition of Succession
b) The survival of Legal Heirs:
- The legal heirs are survive (including the right of a fetus)
- The entitlement of a fetus should be set aside as if the fetus is a male
and if the fetus is born as a female, then any balance can be
redistributed to the legal heirs.
- In cases of double death, the Malaysian National Fatwa Council has
concluded that in cases where it cannot be determine on who died
first, then the deceased shall not inherit from one another.
Cont ., Condition of Succession
c) Not excluded from inheritance:
- A person can only inherit in cases where he is not excluded from
inheritance either thorough exclusion by other legal heirs or by
impediment of inheritance:
- Example: existence of a son would exclude the consanguine brother
of the deceased to inherit.
- Example: Impediment such as a difference of religion / killing of the
deceased
Causes of inheritance
a) marriage:
- In cases of polygamy, the wives will share 1/8 of the estate equally.
- In cases of ‘iddah (reconciliatory period after divorce), she has right to inherit until the completion
of ‘iddah.
b) Kinship/Blood relationship:
- This applies to father, mother, son, daughter, grandfather, grandmother, brother & sister of the
deceased.
- Having blood relationship is not an automatic right to inherit because it is subject to the principle
of exclusion that is the nearer ones to the deceased will exclude the ones further.
c) Public Treasury (Bayt al-mal):
- The Bayt al-mal will have a share in the estate if there is any residue to the estate & it is not
capable of being exhausted.
- The share of Bayt al-mal would refer to the residuary share of the estate.
Impediments to inheritance
a) Homicide:
- Killing a person with the intention of inheriting his estate
- If a legal heir is convicted in the Court for killing the person of which he
stand to inherit, then his right of entitlement will be denied.
b) Difference of religion:
- example: a Christian mother cannot inherit the properties of his
deceased Muslim son.
- The only way for her to inherit her son’s property is through a Will, up
to the maximum of 1/3 of his estate, which is effective upon his death.
‘Awl
• The total of shares exceed the common denominators.
‘awl 6
7 1/2 + 2/3
8 1/2 + 1/2 + 1/3; or 1/2 + 2/3 + 1/6
9 1/2 + 2/3 + 1/3; or 1/2 + 1/2 + 1/6 + 1/3
10 1/2 + 1/6 + 2/3 + 1/3
• An example of ‘awl from 6 to 7 is as follows: A woman dies leaving a husband and 2 germane
sisters
No Legal heir entitlement Calculation = 6 Final calculation
1 Husband 1/2 3/6 3/7
2 2 germane sisters 2/3 4/6 4/7
7/6 7/7
Cont., ‘Awl
‘awl 12
13 1/4 + 2/3 + 1/6 or 1/2 + 1/4 + 1/6 + 1/6
15 1/2 + 2/3 + 1/3 or 1/4 + 1/6 + 1/6 + 2/3
17 1/4 + 1/6 + 2/3 + 1/3
• An example of ‘awl from 12 to 13 is as follows: A man dies leaving a wife and 2 germane sisters
No Legal heir entitlement Calculation = 12 Final calculation
1 Wife 1/4 3/12 3/13
2 2 germane sisters 2/3 8/12 8/13
3 Mother 1/6 2/12 2/13
13/12 13/13
Cont., ‘Awl
‘awl 24
27 1/8 + 1/6 + 1/6 + 2/3
• An example of ‘awl from 24 to 27 is as follows: A man dies leaving a father, mother, wife and 2
daughters.
No Legal heir Entitlement Calculation = 24 Final calculation
1 Father 1/6 4/24 4/27
2 Mother 1/6 4/24 4/27
3 Wife 1/8 3/24 3/27
4 2 daughters 2/3 16/24 16/27
27/24 27/27
Classification of Heirs: Ashab al-Furud,
Asabah & Dhawi al-Arham
• This classification of legal heirs is to determine who will inherit and
who will be disinherited based on the structure of the legal heirs.
• A glossary of terms that may be useful in this section:
No. Terminology Meaning
1 Germane brother / sister Siblings from the same father and mother
2 Consanguine brother / sister Siblings from the same father
3 Uterine brother / sister Siblings from the same mother
1. Ashab al-furud
• The main inheritors under faraid distribution are called Ashab al-furud (Quranic heirs). They are:-
i. Husband
ii. Wife
iii. Father
iv. Mother
v. Grandfather
vi. Grandmother
vii. Daughter
viii. Son’s daughter
ix. Germane sister (same parents)
x. Consanguine sister (same father)
xi. Uterine sister (same mother)
xii. Uterine brother (same father)
Cont., Ashab al-furud
a) Primary Heir:
- Primary heirs are always entitled to inheritance.
- They list of primary heirs are as follows:
No Legal Heir Entitlement
1 Father 1/6 or 1/6 + residue
2 Mother 1/3 or 1/6
3 Husband 1/2 or 1/4
4 Wife 1/4 or 1/8
5 Son 2:1 or residue
6 Daughter 1/2, 2/3 or 1:2
Cont.,
Scenario 1: A man dies leaving a father, mother, wife and 2 daughters:
No Legal heir Entitlement Calculation 24 Final calculation
1 Father 1/6 4 4/24
2 Mother 1/6 4 4/24
3 Wife 1/8 3 3/24
4 2 daughters 2/3 16 16/24
27 27/24
- In the above scenario, the portion of the aggregate total exceeds the
common denominator. One solution is for each heir to take lesser share
on a pro-rated basis. Therefore the portion of each legal heir will be
recalibrated as follows:
Cont.,
No Legal heir Entitlement Calculation 24 Final calculation
1 Father 1/6 4 4/27
2 Mother 1/6 4 4/27
3 Wife 1/8 3 3/27
4 2 daughters 2/3 16 16/27
• In the above case the father’s entitlement is adjusted from 4/24 or RM16
666.66 to 4/27 or RM14 814.81.
• All primary heirs will receive their entitlement, albeit a little less than their
initial entitlement.
• This is meant by the Primary heirs share may be reduced in certain
circumstances.
Cont.,
b. Substitute Heir
- the substitute heir is excluded by the Primary heirs if the Primary heir
exists though subject to exception.
Legal heirs Entitlement
Grandfather Same as father
Grandmother Same as mother
Son’s Daughter Same as daughter
Son’s Son Same as son
Cont.,
Scenario 1: example of scenario involving substitute heir
A man dies leaving a wife and 2 son’s daughter:
No Legal Heir Entitlement Calculation Final
calculation
1 Wife 1/8 3/24 3/24
2 2 son’s daughter 2/3 16/24 16/24
3 Balance to Bayt al-mal 5/24
Cont.,
Scenario 2: example of scenario involving substitute heir
A man dies leaving a mother and a grandfather:
No Legal Heir Entitlement Calculation
1 Mother 1/3 1/3
2 Grandfather 2/3 2/3
Scenario 3: example of scenario involving substitute heir
A man dies leaving a son, a father and a grandfather:
No Legal Heir Entitlement Calculation In this scenario, the
grandfather is
1 Father 1/6 1/6
excluded because of
2 Son 5/6 5/6 the presence of the
3 Grandfather Excluded father.
Cont.,
c. Secondary Heir
- The secondary heirs are made up of the Brother and Sister of the
deceased.
- Their share may be excluded or reduced depending on the
circumstances.
Legal heirs Entitlement
Brother of the deceased 2:1 or residue
Sister of the deceased 1:2, 1/2, or 2/3
Cont.,
Scenario 1: A man dies leaving a wife and 2 brothers:
No Legal Heir Entitlement Calculation
1 Wife 1/4 1/4
2 2 brothers 3/4 3/4
Scenario 2:
A man dies leaving a wife, a son and 2 brothers:
No Legal Heir Entitlement Calculation In this scenario, the 2
1 Wife 1/8 1/8 brothers is excluded
because of the
2 Son 7/8 7/8
presence of the son.
3 2 Brothers Excluded
2. ‘Asabah
- ‘asabah means legal heirs who are capable of exhausting the
remainder of the estate.
- ‘asabah are those who acquire the remaining of the estate after the
Primary heir has taken his or her share.
- The existence of asabah would ensure that the distribution process
would come to an end.
- The asabah inheritors shall inherit the whole estate if there are no
sharers.
Cont.,
• The residuary heirs (asabah) can be divided into 3 categories.
• They are:
Independent Accompanying Residuary by
Residuary Residuary another (asabah
(asabah binafsihi) (asabah maaghairi) bighairi)
