What comes out of the estate first
- Funeral and burial costs.
- Debts.
- Any bequest to a non-heir, up to a third of what is left (more needs the heirs' consent).
- The rest is shared among the heirs.
Fixed-share heirs and residuaries
Fixed-share heirs have shares set in the Qur'an: a half, a quarter, an eighth, two-thirds, a third and a sixth. Residuaries take what is left: first sons, then son's sons, the father, the grandfather, brothers, their sons, uncles and their sons. When brothers and sisters, or sons and daughters, inherit together, a male takes twice a female's share.
| Heir | Share |
|---|---|
| Husband | A half; a quarter if the deceased has children |
| Wife (or wives) | A quarter; an eighth if the deceased has children, shared between wives |
| Daughter | A half; two or more share two-thirds; with a son, residuary |
| Mother | A third; a sixth with children or two or more siblings |
| Father | A sixth with a son; a sixth plus the rest with daughters only; the rest if no children |
| Maternal siblings | A sixth for one; a third shared equally by two or more |
'Awl and radd
'Awl: when the fixed shares add up to more than the estate, every share is reduced in proportion, e.g. a husband, two full sisters and the mother. Radd: when something is left and there is no residuary, it goes back to the fixed-share heirs other than a spouse.
What the tool doesn't cover
- The grandfather with full or paternal siblings, where the schools disagree.
- Relatives through women only (such as a maternal uncle or a daughter's children) when there are no other heirs.
- The obligatory bequest for children of a son who died before his father, given by laws in Egypt, Jordan, Kuwait and the UAE, among others.
- An unborn child, a missing person, and heirs barred by homicide or a different religion.
Where the schools differ we follow the majority view and say so in the result.
Frequently asked questions
How much does a wife inherit?
A quarter if her husband has no children or son's children, and an eighth if he has. Several wives share the quarter or eighth equally.
Do siblings inherit when there are daughters?
Yes. Full brothers take what is left after the daughters' share, and sisters with daughters become residuaries. A father or son excludes them.
Does this replace the court?
No. It is for learning and a first estimate. The heirs and the division are set by the court's certificate of heirs, and special cases need a scholar.
For general information and learning only. It is not a fatwa or a court ruling. The division of an estate rests on the competent court's certificate of heirs, and national laws differ on some points.