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⚖️ Islamic Funeral Guide

Islamic Inheritance (Mirath)

Quick Answer

After funeral costs and debts, up to one third of the estate may be bequeathed freely (the wasiyya). The remainder passes by fixed Quranic shares: a husband receives ½ (¼ with children), a wife ¼ (⅛ with children), each parent ⅙ when there are children, daughters ½ or ⅔ shared when there is no son, and sons sharing the residue with daughters at a ratio of two to one.

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The shares the Quran itself fixes, why UK intestacy law follows none of them, and the one document that makes English law honour your deen.

"Allah instructs you concerning your children: for the male, what is equal to the share of two females… These are the limits set by Allah, and whoever obeys Allah and His Messenger will be admitted to gardens beneath which rivers flow."

— Quran 4:11–13 (An-Nisa)

The Fixed Shares at a Glance

The core shares from Surah an-Nisa (4:11–12, 4:176). The full system covers many more relatives and combinations — this table shows the heirs most families encounter.

Heir No children of deceased With children of deceased Note
Husband ½ ¼ Of the wife’s estate
Wife ¼ ⅛ Of the husband’s estate
Father Residue ⅙ (+ residue if no son)
Mother ⅓ ⅙ Reduced in specific cases with siblings
One daughter (no son) — ½ Of the estate
Two or more daughters (no son) — ⅔ shared Split equally between them
Son + daughter(s) — Residue, male = 2 × female Shared after fixed shares are paid

Order of distribution: funeral costs → debts (including unpaid mehr) → wasiyya (max ⅓) → fixed shares → residue to closest male relatives. Exact distribution always depends on precisely who survives the deceased — for a specific family, confirm the calculation with a scholar or specialist.

Why Does a Son Receive Twice a Daughter's Share?

Islamic inheritance cannot be separated from Islamic financial responsibility. A man's share comes with legally binding duties attached: he must pay mehr at marriage, fund the household entirely, and maintain close female relatives who need support. A woman has no such obligations — her inheritance, earnings and property are hers alone, and she is entitled to be maintained by her father, husband or son. The 2:1 ratio in the direct line reflects that pairing of larger share with larger duty; in other relationships (a mother and father, for example) shares are equal between male and female.

What English Law Does Instead

Intestacy rules (England & Wales) vs the Quranic shares

🏛️ UK intestacy (no will)

  • •Legal spouse: possessions + first £322,000 + half the remainder
  • •Children share the other half equally (sons and daughters equal)
  • •Parents inherit nothing while a spouse and children survive
  • •Unmarried partner — including nikah-only — inherits nothing
  • •Nothing to charity, no fidyah, no religious dues

📖 Quranic shares (with a will)

  • •Spouse: ¼ or ⅛ — a defined share, not a threshold lottery
  • •Children share the residue, male receiving 2 × female
  • •Each parent guaranteed ⅙ when children survive
  • •Nikah-only partner provided for via the wasiyya third
  • •Charity, fidyah and unpaid Zakat honoured from the third

The gap is total: English law never applies Islamic shares by default. The only bridge is a valid will that writes the Quranic distribution into a legally binding document. How to write one →

Using the One-Third Wasiyya Well

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Charity (sadaqah jariyah)

Leave a share of the third to mosques, wells or relief work — charity that outlives you. Name charities precisely with their registration numbers.

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A nikah-only spouse

If your marriage was never civilly registered, your partner is a stranger to your estate in law. The wasiyya third is the religious way to protect them — registering the marriage is the legal one.

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Adopted & stepchildren

Not fixed heirs under Islamic law, but the third lets you provide for them properly — scholars strongly encourage it.

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Religious dues

Direct payment of outstanding Zakat, fidyah for missed fasts, or the cost of Hajj if it was owed but unperformed.

Inheritance FAQs

What are the fixed shares in Islamic inheritance?
A husband inherits ½ (¼ if she has children); a wife ¼ (⅛ if he has children); each parent ⅙ when the deceased has children; daughters receive ½ (one) or ⅔ shared (two or more) with no son; with a son, children share the residue at a male-to-female ratio of two to one. Full distributions depend on exactly who survives.
Why does a son receive twice a daughter’s share?
The shares are paired with financial duties: men must fund the household, pay mehr and maintain close female relatives, while a woman’s wealth is entirely her own. The larger share carries legally enforceable obligations with it.
Does UK intestacy law follow Islamic inheritance?
No — it follows a fixed formula (spouse first £322,000 plus half the remainder, children sharing the rest, parents usually nothing, unmarried partners nothing) that matches no Quranic share. A will is the only way to apply mirath in England and Wales.
Can I leave more than a third to charity?
Islamic law caps bequests to non-heirs at one third; more requires the consent of every fixed heir. The cap protects the heirs’ divinely-ordained rights.
Do adopted or stepchildren inherit?
Not as fixed heirs — but they can and should be provided for through the wasiyya third, lifetime gifts, or named beneficiary designations. A will handles all three cleanly.
What about my pension and life insurance?
Pension death benefits and life policies written in trust usually pay to a nominated beneficiary outside the estate — so they bypass both intestacy and the will. Scholars differ on how they factor into mirath; nominate beneficiaries deliberately and take advice for significant sums.
📜 Write an Islamic will 🕊️ Back to funeral guide