فِقهُ المِيرَاثِ وَالتَّرِكَة — فِقهُ المِيرَاثِ الإِسلَامِيّ: الفَرَائِضُ القُرآنِيَّةُ المُحَدَّدَةُ وَقَوَاعِدُ العَصَبَةِ وَذَوِي الأَرحَامِ وَآلِيَّاتُ العَولِ وَالرَّدِّ وَاختِلَافَاتُ المَذَاهِبِ فِي المَسَائِلِ الحَافَّة
Fiqh al-Miras wal-Tarika (فِقهُ المِيرَاثِ وَالتَّرِكَة — Jurisprudence of Inheritance and the Deceased's Estate; *miras* from *w-r-th*: to inherit; *tarika*: what is left behind [the estate]; the Quranic anchor: 4:11-12, 4:176 are among the most detailed legal verses in the Quran; God specifies exact fractional shares for named heirs; the three categories of heirs in classical Islamic law: [1] Ashab al-Furud [Quranic share-holders]: those whose share is explicitly stated in Quran; includes: daughter [1/2 if alone, 2/3 with other daughters], mother [1/6 or 1/3], husband [1/2 or 1/4], wife [1/4 or 1/8], uterine brother/sister [1/6 or 1/3]; [2] al-'Asaba [Agnatic Residuaries]: male relatives through a male line who take what remains after ashab al-furud; includes: sons, grandsons [through son], father, paternal grandfather, brothers, paternal uncles; [3] Dhawi al-Arham [Uterine/Womb Kin]: more distant relatives through a female line; schools disagree on whether dhawi al-arham inherit: Hanafi and Hanbali: yes, when no ashab al-furud or 'asaba exist; Maliki and Shafi'i: no, estate goes to bayt al-mal [public treasury] rather than dhawi al-arham; the 'Awl problem [proportional reduction]: when the Quranic shares add up to more than 1; example: husband [1/2] + two daughters [2/3] = 7/6 — more than the estate; solution: 'awl [swelling]: increase the denominator proportionally; all shares are reduced proportionally; the Radd problem [proportional return]: when the Quranic shares add up to less than 1 and there are no 'asaba; the surplus returns proportionally to the Quranic share-holders [radd]; schools disagree: Hanafi, Hanbali: allow radd to all ashab al-furud except spouse; Maliki: surplus goes to treasury; Shafi'i: surplus goes to treasury; 2:1 daughter vs son ratio: sons receive twice the share of daughters [4:11]; this is the most discussed and debated provision in Islamic inheritance law in the modern period; the classical justification: sons have financial obligations [dowry, maintenance] that daughters do not; modern scholars and states have approached this differently) is the detailed Quranic inheritance framework that governs Muslim succession.
Why Inheritance Law Is So Detailed in the Quran
Most areas of Islamic law derive from the Quran’s general principles and are developed through Sunna and fiqh reasoning. Inheritance is an exception: 4:11-12 and 4:176 provide unusually specific fractional shares for named heirs, making inheritance one of the few areas of Islamic law that is almost directly legislated by the Quran.
The classical scholars treated these shares as nearly inviolable — they are among the most clearly expressed divine commands in the entire legal corpus.
The Three-Tier Heir Structure
Ashab al-Furud (Quranic Shareowners): Named heirs with fixed fractions. They take their fraction from the estate before anyone else. The Quran names: daughters (1/2 alone, 2/3 with others), mothers (1/6 or 1/3), husbands (1/2 or 1/4), wives (1/4 or 1/8), uterine siblings (1/6 or 1/3).
Al-‘Asaba (Agnatic Residuaries): Male relatives through a male line. They take what remains after the Quranic shares are distributed. Hierarchy: sons take all remainder; if no sons, grandsons through sons; if no grandsons, father; etc. The ‘asaba principle ensures that male relatives through the father’s line always have a residual claim.
Dhawi al-Arham (Uterine Relatives): More distant relatives through female lines. Hanafi and Hanbali schools give them inheritance when no first-tier or second-tier heirs exist; Maliki and Shafi’i schools send the estate to the public treasury instead.
‘Awl and Radd: The Mathematical Problem
The Quranic shares don’t always add up to exactly 1. Two mechanisms address the mismatch:
‘Awl: When the shares exceed 1. Example: a husband (1/2) + two daughters (2/3) = 7/6. The classical solution: expand the denominator to 6 and give husband 3/6 and daughters 4/6 — each gets a proportionally reduced share. No one takes their full Quranic fraction, but all take a proportional amount.
Radd: When the shares are less than 1 and no ‘asaba exist. The surplus either returns proportionally to the Quranic heirs (Hanafi/Hanbali) or goes to the public treasury (Maliki/Shafi’i).
See also: Fiqh Al Waqf, Fiqh Al Ahkam Al Khamsah, Fiqh Al Tawthiq, Fiqh Al Kafalah, Fiqh Al Musharakah