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Fiqh al-Mawarith — Islamic Inheritance Law: The Quran's Fractional System

فِقهُ المَوَارِيث — فِقهُ المَوَارِيث: نِظَامُ الكُسُورِ فِي القُرآن
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Fiqh al-Mawarith (فِقهُ المَوَارِيث — inheritance jurisprudence; from *waritha* — to inherit; also *'ilm al-fara'id* — the science of fixed shares; from *faridah* — obligatory portion) is one of the Quran's most precisely legislated domains: Surahs 4:11-12, 4:176, and 2:240 specify exact fractional shares for a remarkably comprehensive range of heirs. The Prophet said: *'Learn the 'ilm al-fara'id and teach it to people, for it is half of knowledge and it is the first thing to be forgotten from my community.'* Islamic inheritance law is both a religious obligation and an intricate mathematical system: the primary heirs receive fixed fractions (*fard*); residual estate goes to 'asabat (agnatic relatives by descent); and in some configurations the shares add to more than 1 (*'awl* — pro-rata reduction) or less than 1 (*radd* — return to heirs).

The Fixed Shares (Fara’id): Quranic Specifications

The Quran specifies seven fractional shares: 1/2, 1/4, 1/8, 2/3, 1/3, 1/6, and (by derivation) 1/3 of remainder.

Wives: 1/4 of the estate if the deceased had no children; 1/8 if there are children Husbands: 1/2 if no children; 1/4 if children Daughters: 1/2 each (if only one daughter, no sons); 2/3 shared (if two or more daughters, no sons) Father: 1/6 if the deceased has children; otherwise, he also takes residue as ‘asaba Mother: 1/6 if there are children or multiple siblings; 1/3 if none Full sisters (if no father, no sons): 1/2 each or 2/3 shared if multiple


The ‘Asabat (Residuaries)

After the fixed shares are distributed, the remaining estate goes to the nearest male agnatic relative in order of priority:

  1. Sons (and sons of sons, descending)
  2. Father
  3. Brothers (full, then paternal half-brothers)
  4. Paternal uncles and their descendants

The son typically takes the remainder but also doubles the share of daughters: “for a male, the equivalent of the share of two females” (4:11) — this principle (male gets double) applies when sons and daughters inherit together.


‘Awl and Radd

‘Awl (increase): when the fixed shares total more than 1 (e.g., a husband gets 1/2, two daughters get 2/3 — total exceeds 1), the shares are proportionally reduced. The estate is divided by the sum of the numerators as if the denominator is 1.

Radd (return): when no ‘asabat exist and the fixed shares total less than 1, the remainder returns to the fixed-share heirs proportionally — rather than going to the distant relatives or the state.

See also: Maqasid Al Shariah, Zakat And Khums, Waqf Islamic, Silat Al Rahim, Akhlaq, Al Nisa Surah

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