In Islam, the division of inheritance is governed by specific rules outlined in the Quran and the Hadith (sayings and actions of Prophet Muhammad). These rules ensure fair and equitable distribution of the deceased's estate among their heirs. Here's a general overview of how inheritance is divided in Islam:
- Prescribed Shares: The Quran specifies fixed shares for various categories of heirs. These shares are predetermined proportions of the estate that each eligible heir is entitled to receive. The shares are calculated based on the relationship of the heir to the deceased.
- Primary Heirs: The primary heirs in Islamic inheritance include spouses, children, parents, and siblings. Each category of heirs is entitled to a specific share of the estate, with variations depending on the presence of other eligible heirs.
- Residuaries: After the primary heirs have received their shares, the remaining portion of the estate, known as the residue or residuary estate, is distributed among residuary heirs. Residuaries may include more distant relatives or individuals who are not covered by the prescribed shares.
- Exclusions and Conditions: Islamic law may exclude certain individuals from inheritance, such as non-Muslims, those who have been legally disinherited, or those who are not recognized as heirs according to Shariah principles. Additionally, certain conditions or circumstances may affect the entitlement of heirs to inherit.
- Testamentary Bequests: In addition to the prescribed shares, Islamic law allows individuals to make testamentary bequests (wasiyyah) of up to one-third of their estate to beneficiaries who are not entitled to a share under the prescribed rules. This provision allows individuals to distribute a portion of their wealth according to their specific wishes or charitable intentions.
- Equal Treatment: Islamic inheritance law emphasizes equality among heirs, regardless of gender. Male and female heirs are entitled to inherit, although the specific shares allocated to them may differ based on their relationship to the deceased and the applicable inheritance rules.
- Immediate Distribution: Islamic law encourages the prompt distribution of the deceased's estate among the heirs to avoid delays and disputes. This ensures that heirs receive their rightful shares in a timely manner, allowing for the efficient transfer of wealth and assets.
Overall, the division of inheritance in Islam is guided by principles of justice, equity, and compassion, with the aim of ensuring that the deceased's estate is distributed fairly among their eligible heirs.