Islamic estate planning, explained
An overview of the principles that shape a Sharia-conscious plan. This is general education, not a religious ruling; we encourage you to consult a qualified scholar on questions of fiqh.
The Qur'anic basis
Surah An-Nisa 4:11. Verses 4:11, 4:12 and 4:176 set out fixed shares of inheritance for close family members.
Islamic inheritance ('ilm al-fara'id) treats the distribution of an estate as a matter of religious obligation. Specific relatives receive defined fractions, and the remainder passes to residuary heirs. Because these shares are fixed, the most important document for a Muslim is often one that carries them out rather than one that rewrites them.
The order in which an estate is settled
Classical scholarship settles an estate in this sequence before any heir receives a share.
- Funeral costsReasonable expenses for washing, shrouding and burial.
- DebtsIncluding loans, unpaid zakat as some scholars hold, and any deferred mahr owed to a wife.
- BequestThe wasiyyah, up to one-third of what remains, to people who are not fixed heirs or to charity.
- HeirsThe balance is divided among the heirs according to the fara'id.
Common fixed shares
A simplified illustration. Real calculations depend on exactly who survives you, and special cases (such as 'awl and radd) can adjust the fractions.
| Heir | If the deceased has children | If the deceased has no children |
|---|---|---|
| Wife (or wives, sharing) | 1/8 | 1/4 |
| Husband | 1/4 | 1/2 |
| Father | 1/6, plus residue in some cases | Residue, often the largest share |
| Mother | 1/6 | 1/3 (1/6 if the deceased has two or more siblings) |
| Sons and daughters together | Share the residue, with each son receiving twice a daughter's share | |
| Daughters with no sons | One daughter: 1/2. Two or more daughters: 2/3 shared equally | |
Schools of thought (Hanafi, Maliki, Shafi'i, Hanbali, Ja'fari) differ on some details. Tell us which you follow and we'll draft accordingly.
Issues Muslim families often ask about
Non-Muslim relatives
Under the majority view, a non-Muslim does not inherit a fixed share from a Muslim. Many families use the one-third bequest to provide for a non-Muslim spouse, parent, or child from an earlier marriage.
Converts and blended families
Stepchildren and adopted children are not fixed heirs under Islamic law. A bequest or trust can provide for them within the one-third limit, or through lifetime gifts.
Gifts during your lifetime
Lifetime gifts (hibah) are generally outside the inheritance rules. Scholars urge fairness between children; we can document gifts so they aren't disputed later.
Mahr and marital property
An unpaid deferred mahr is treated as a debt of the estate. We record it so it's paid before distribution.
Life insurance and interest
Scholars differ on conventional insurance and interest-bearing accounts. We don't issue rulings, but we can structure your plan around the choices you've made, including takaful and Sharia-compliant investments.
Waqf and ongoing charity
A charitable trust can function like a waqf, supporting a mosque, school, or cause for years after you're gone as sadaqah jariyah.
Property overseas
Real estate in another country is usually governed by that country's law. We flag these assets and coordinate with counsel abroad where needed.
Wondering how your estate would be divided?
Bring a list of your family members to your consultation. We'll walk through the shares for your specific situation and show how the plan would carry them out.