Islamic Inheritance FAQ

Faraid is the Islamic law of inheritance — a divinely ordained system of fixed shares for heirs, derived primarily from the Quran. The word comes from the Arabic root fard (meaning “obligation” or “fixed portion”). It is also known as ilm al-mawarith (the science of inheritance shares).

The shares are established in Surah An-Nisa, where Allah assigns precise fractions — one-half, one-quarter, one-eighth, two-thirds, one-third, one-sixth — to heirs according to their category and relationship to the deceased. The verse closes with the phrase faridatan min Allah — “an obligation from Allah” — emphasising these shares are not discretionary.

The law distinguishes between dhul-furudh (fixed-share heirs, such as spouses and parents) and asabat (residuary heirs, such as sons) who receive the remainder after fixed shares are met. Where total fixed shares exceed the estate, the rule of awl (proportional reduction) applies; where shares fall short, radd (return of surplus) applies — with rulings that differ across the four Sunni madhabs.

Mizaanly’s calculator implements full Faraid rules across all four madhabs. Calculate the exact distribution for your family’s situation.

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

Three verses in Surah An-Nisa form the complete Quranic foundation of Islamic inheritance law — 4:11, 4:12, and 4:176.

“Allah instructs you concerning your children: for the male, what is equal to the share of two females.”

Surah An-Nisa 4:11

4:11 establishes shares for children and parents. Sons and daughters both inherit; a son’s share equals two daughters’ shares. If only daughters survive: two or more share two-thirds combined; a sole daughter takes one-half. Each parent receives one-sixth when the deceased had children. The verse closes with the words faridatan min Allah — “an obligation imposed by Allah.”

4:12 establishes shares for spouses. A husband inherits one-half of his wife’s estate if she had no children, one-quarter if she did. A wife inherits one-quarter of her husband’s estate if he had no children, one-eighth if he did. The verse also introduces the kalalah — a person who dies without surviving parents or children.

4:176 completes the kalalah ruling. A sole sister takes one-half; two or more sisters share two-thirds. Where brothers and sisters both survive, brothers receive a double share to sisters’ single share.

Together with the Sunnah and scholarly consensus, these three verses govern the full Faraid system. Calculate the exact distribution for your circumstances.

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

Faraid and wasiyyah are both part of Islamic estate planning but serve distinct roles: Faraid is the mandatory, Quran-defined division of your estate among fixed heirs; wasiyyah (voluntary bequest) is capped at one-third of the net estate and directed to non-heirs.

Who receives what. Faraid heirs — spouse, children, parents, and others defined by classical jurisprudence — receive their shares automatically by divine obligation. Wasiyyah may be directed to non-heirs: a charity, a non-Muslim relative, or a grandchild whose parent predeceased you. Under widely accepted Sunni jurisprudence, wasiyyah cannot be made in favour of a Faraid heir without the consent of all other heirs, based on the prophetic narration “There is no bequest for an heir” (Abu Dawud, Ibn Majah). Always verify this ruling with a qualified scholar.

Order of execution. Wasiyyah is fulfilled before Faraid shares are distributed, but after funeral expenses and debts are settled. See What are the three rights that come before inheritance distribution?

UK legal context. Neither Faraid nor wasiyyah is automatically enforceable under English law. Both must be expressed in a valid will under the Wills Act 1837 to carry legal weight. Without a will, UK intestacy rules under the Administration of Estates Act 1925 apply — which differ significantly from Faraid. See Do I need a UK will alongside Faraid distribution?

Read the full guide: Writing an Islamic Will (Wasiyyah) in the UK — What Makes It Valid? →

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

Before Faraid shares are distributed, three obligations take priority over heirs’ entitlements — in this specific order:

1. Funeral and burial expenses (takfeen — the costs of preparing and burying the deceased). The reasonable cost of washing, shrouding, and burying the deceased is the first charge on the estate. In the UK this typically includes funeral director fees and burial or grave costs.
2. Debts (duyun — all outstanding financial obligations). All outstanding debts of the deceased must be settled in full. This includes personal loans, credit card balances, mortgages, rent arrears, and — critically — religious obligations such as unpaid zakat, outstanding kaffarah (expiation), or fidyah for missed fasts. The estate may be reduced to zero paying debts; no heir receives a Faraid share until all creditors are satisfied.
3. Wasiyyah (voluntary bequests, up to one-third). Valid bequests to non-heirs are executed next, capped at one-third of the net estate after debts. If total bequests exceed one-third, they are reduced proportionally unless the remaining heirs consent to more. See What is the difference between Faraid and a will?

Only after these three obligations are satisfied does the remaining estate pass to Faraid heirs. Mizaanly prompts you to enter funeral costs and debts upfront so the distributable net estate is calculated correctly from the start.

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

The wasiyyah (voluntary bequest) is capped at one-third (1/3) of the net estate — the estate remaining after funeral expenses and debts have been settled. This limit is established by a well-authenticated hadith: when Saʿd ibn Abi Waqqas asked the Prophet ﷺ whether he could give all his wealth in charity, the reply was: “A third, and a third is a lot. Verily to leave your heirs rich is better than leaving them poor, stretching out their hands to people.” (Bukhari and Muslim.)

What counts as the net estate. The one-third ceiling applies to what remains after funeral and burial expenses and all outstanding debts are paid in full. A wasiyyah cannot be funded from amounts owed to creditors. See What are the three rights that come before inheritance distribution?

Bequest to a Faraid heir is prohibited without heir consent. Based on the prophetic narration “There is no bequest for an heir” (Abu Dawud, Ibn Majah), a wasiyyah cannot be directed to a person already entitled to a Faraid share — unless all other heirs unanimously consent after the death. The rule protects the integrity of the Quranic shares.

Multiple bequests. If total bequests exceed one-third, they are reduced proportionally unless heirs consent to a larger amount. The executor applies this reduction at the point of distribution.

For the broader distinction between wasiyyah and the mandatory Faraid distribution, see What is the difference between Faraid and a will?

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

Islamic inheritance law arranges heirs in a hierarchy. The presence of a closer heir takes precedence — and in some cases, a closer relative excludes a more distant one entirely. See What is Faraid (Islamic inheritance)? for the foundational framework.

Tier 1 — Dhul-furudh (fixed-share heirs). Heirs whose shares are explicitly defined in the Quran: spouses, parents, daughters, and certain siblings. They receive their fixed Quranic fractions first, before any residue is distributed.

Tier 2 — Asabat (residuary heirs). Male agnate relatives — sons, paternal grandsons, brothers, paternal uncles, and their male descendants — take the remainder of the estate after fixed shares are met.

Tier 3 — Dhawi al-arham (distant relatives). Uterine kin such as maternal grandparents, daughters’ children, and maternal siblings. They inherit only if no Tier 1 or Tier 2 heirs survive.

Tier 4 — Bayt al-mal (the Muslim public treasury). Under classical jurisprudence, if no heirs of any category exist, the estate passes to the bayt al-mal. For the UK implications, see What if there are no surviving heirs?

Hijab (blocking). A closer heir can exclude a more distant one entirely. For example: a surviving son blocks paternal grandsons from inheriting; a living father blocks full siblings from receiving a Faraid share. Mizaanly applies all blocking rules automatically.

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

A wife inherits either one-quarter (1/4) or one-eighth (1/8) of her husband’s net estate, depending on whether he had surviving children.

If her husband died with no surviving children or grandchildren: she receives one-quarter (1/4). If he had surviving children or grandchildren from any marriage: she receives one-eighth (1/8). This is established in Surah An-Nisa 4:12.

Where a husband had more than one wife, the wives share the spousal portion equally between them. So with two wives and no children, each wife receives one-eighth (1/8) rather than one-quarter (1/4).

“Children” here means the husband’s own children — from any marriage, not only the current wife’s. The wife’s share is a fixed Quranic entitlement that applies regardless of how long the marriage lasted or whether the couple were living together at the time of death.

This share is separate from any outstanding mahr (dower — a mandatory gift owed by the husband to the wife) still owed to her, which is a debt on the estate settled before Faraid shares are distributed. See What are the three rights that come before inheritance distribution?

Calculate the exact distribution for your situation.

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

A husband inherits either one-half (1/2) or one-quarter (1/4) of his wife’s net estate, depending on whether she had surviving children.

If she died with no surviving children or grandchildren: he receives one-half (1/2). If she had surviving children or grandchildren — from any marriage, not only his own children — he receives one-quarter (1/4). This share is established in Surah An-Nisa 4:12.

Because a wife has only one husband at a time, the spousal share is never divided. The husband’s entitlement is a fixed Quranic share as a dhul-furudh (fixed-share heir) and applies regardless of the size of his own estate or the length of the marriage.

Any outstanding mahr a husband owes to his wife’s estate is treated as a debt — settled from the gross estate before Faraid shares are calculated. A husband cannot offset his own Faraid share against a mahr debt; the two are handled separately. See What are the three rights that come before inheritance distribution?

Calculate the exact distribution with Mizaanly’s calculator.

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

When sons and daughters survive together, sons receive a double share to daughters’ single share — a 2:1 ratio established directly in the Quran:

“Allah instructs you concerning your children: for the male, what is equal to the share of two females.”

Surah An-Nisa 4:11

In practice: if the estate passes to two sons and two daughters after the spouse’s and parents’ shares are taken, it is divided into six equal parts — each son receiving two parts and each daughter one.

If daughters survive with no sons, different rules apply: a sole daughter inherits one-half (1/2) as a fixed share. Two or more daughters together inherit two-thirds (2/3) to divide equally between them.

If only sons survive, they share the entire residual estate equally.

The 2:1 male-to-female ratio is agreed across all four Sunni madhabs. Differences between madhabs arise mainly in edge cases — for example, in the application of radd (return of surplus). Mizaanly handles these differences automatically. Calculate the exact distribution for your family.

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

The 2:1 ratio for sons and daughters is established directly in the Quran:

“Allah instructs you concerning your children: for the male, what is equal to the share of two females.”

Surah An-Nisa 4:11

Classical scholars explain this as a structural complement to the financial obligations Sharia places on men. Under Islamic law, a man is obligated to financially support his wife (nafaqah — maintenance), his children, and female relatives in his care. A woman has no equivalent financial obligation: any wealth she inherits, earns, or receives as mahr belongs to her alone and cannot be claimed by her husband or family.

The 2:1 ratio reflects this asymmetry. A son inherits a double share because he carries a financial duty to dependants; a daughter inherits a single share with no such obligation attached. Her inheritance is entirely her own.

This ratio applies specifically when sons and daughters inherit alongside each other. In many other configurations women receive equal or greater shares: a mother and father each receive 1/6 when the deceased had children — equal regardless of gender; a wife’s unpaid mahr is a debt on the estate settled before any heir, including sons, receives anything. See How is inheritance divided between sons and daughters? for the specific shares.

This is the accepted mainstream Sunni position, agreed across all four madhabs.

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

Both parents are entitled to inherit from their child’s estate as fixed-share heirs under Surah An-Nisa 4:11. The exact shares depend on whether the deceased left surviving children.

When the deceased had surviving children: each parent receives one-sixth (1/6) of the net estate, regardless of how many children there are. The remainder, after the spouse’s and parents’ shares, is then distributed among the children according to the rules set out in How is inheritance divided between sons and daughters?

When there are no surviving children: the mother receives one-third (1/3) of the net estate — reduced to one-sixth (1/6) if two or more siblings of the deceased also survive. Note: in this scenario, the siblings reduce the mother’s share but do not necessarily inherit themselves — whether they inherit depends on whether the father is alive, since a living father blocks siblings under classical Faraid rules. The father, as the closest male agnate, takes the remainder of the estate after the mother’s and any spouse’s shares are met.

When only one parent survives: the surviving parent takes their share as above.

“Children” in this context includes grandchildren through a son — their survival affects the parents’ shares in the same way as direct children do.

Mizaanly’s calculator handles the full set of interactions correctly. Calculate the exact distribution for your specific circumstances.

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

Under classical Faraid rules, grandchildren do not automatically inherit when their parent predeceased the deceased. This is one of the most practically important — and often surprising — rules in Islamic inheritance law.

The reason is the doctrine of hijab (blocking — where a closer heir in a category excludes a more distant one). If any of your own children survive you, they block grandchildren whose parent has already died from receiving a Faraid share.

If all your children have predeceased you and only grandchildren survive, the picture changes. Grandchildren through a son can then inherit — grandsons as agnate heirs, granddaughters as fixed-share heirs in certain combinations. However, grandchildren through a daughter fall into the category of dhawi al-arham (distant relatives — uterine kin) under classical Sunni jurisprudence, and their inheritance rights differ significantly by madhab.

Because of these rules, if you wish to provide for a grandchild whose parent has died, you should make a specific wasiyyah (voluntary bequest) of up to one-third of your estate directed to them. Without this, they may receive nothing under Faraid.

Some Muslim-majority countries have introduced obligatory bequest laws to automatically protect such grandchildren. The UK has no equivalent — a deliberate wasiyyah is the only safeguard here.

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab — this area involves genuine differences in application across the madhabs.

Under classical Faraid rules, a non-Muslim cannot inherit from a Muslim estate. This ruling is based on a well-authenticated hadith: “The Muslim does not inherit from the disbeliever, nor does the disbeliever inherit from the Muslim” (narrated in Bukhari and Muslim), and is agreed across all four Sunni madhabs.

A non-Muslim relative — whether a parent, sibling, or child of a different faith — has no entitlement to a Faraid share. However, they can receive a wasiyyah (voluntary bequest) of up to one-third of your net estate. Most scholars permit bequests to non-Muslim family members, treating them as a separate matter from Faraid. See What is the difference between Faraid and a will?

In the UK context, this religious bar has no effect under civil law. A non-Muslim dependant can still make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on the deceased. If you die without a valid will, the Administration of Estates Act 1925 distributes your estate under intestacy rules without regard to the religious status of heirs.

For any family with mixed-faith members, expressing your wishes clearly in a UK will is essential. See Do I need a UK will alongside Faraid distribution?

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

A sibling’s inheritance share depends on their category — full siblings, paternal half-siblings (same father, different mother), or uterine siblings (same mother, different father) — and each category has distinct rules.

The Quranic basis spans two verses: Surah An-Nisa 4:12 establishes uterine sibling shares; 4:176 establishes shares for full and paternal half-siblings — both in the context of kalalah (a person who dies without a surviving parent in the direct line or children).

Full siblings and paternal half-siblings. A sole full sister: 1/2. Two or more full sisters with no brothers: 2/3, divided equally. Where brothers and sisters of the same category survive together, brothers receive a double share to sisters’ single share. Full siblings take precedence over paternal half-siblings — if full siblings survive, paternal half-siblings receive nothing.

Uterine siblings. A sole uterine sibling: 1/6. Two or more uterine siblings: 1/3, shared equally regardless of gender. No 2:1 ratio applies here.

Hijab (blocking). All categories of siblings are blocked by a surviving father or a surviving son. In the Hanafi madhab, a surviving paternal grandfather also blocks siblings; the Maliki, Shafi‘i, and Hanbali positions differ significantly on this. This area involves genuine complexity — Mizaanly applies the correct rules for your chosen madhab automatically. Calculate the distribution for your family’s circumstances.

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab — sibling inheritance involves significant inter-madhab differences.

A mother receives one of three possible shares from her child’s estate, depending on which other heirs survive. This is established in Surah An-Nisa 4:11.

1/6 — when the deceased had children. If the deceased left surviving children, or grandchildren through a son, the mother receives one-sixth (1/6). The remainder after the spouse’s and parents’ shares passes to the children. See What do parents inherit when their child dies? for how both parents’ shares interact in this scenario.

1/3 — when there are no children and no plurality of siblings. If the deceased had no surviving children and was survived by at most one sibling, the mother receives one-third (1/3) of the net estate after any spouse’s share.

1/6 (reduced) — when there are no children but two or more siblings survive. Where two or more siblings of the deceased exist, the mother’s share is reduced from 1/3 to 1/6 — even if those siblings are themselves blocked from inheriting (for example, because a living father excludes them as residuary heirs). This “siblings reduction” is a specific Quranic ruling in 4:11 and is agreed across all four madhabs: it is the siblings’ existence, not their inheritance, that triggers the reduction.

Mizaanly applies all three configurations correctly. Calculate the exact distribution for your circumstances.

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

A father is the only heir in Faraid who can hold two roles simultaneously: fixed-share heir (dhul-furudh) and residuary heir (asabat). Which role applies — and whether both apply together — depends on who else survives. This is established in Surah An-Nisa 4:11.

When the deceased had sons (or paternal grandsons): 1/6 only. The father receives one-sixth (1/6) as a fixed share. The sons — as the closer residuary heirs — absorb the remainder. The father does not compete for the residue when sons are present.

When the deceased had daughters but no sons: 1/6 plus residue. The father takes his 1/6 fixed share and then also inherits whatever remains after the daughters’ and any spouse’s shares. For example, if the deceased left a wife, two daughters, and a father: wife 1/8, daughters 2/3, father 1/6 fixed — with the remaining 1/24 also passing to the father as residue.

When the deceased had no children: pure residuary heir. The father receives no fixed 1/6 in this scenario. Instead he absorbs whatever remains after the mother’s share and any spouse’s share.

A living father also blocks siblings from inheriting as residuary heirs, though their existence may still affect the mother’s share. See What do parents inherit when their child dies?

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

English courts do not automatically apply Faraid to the estate of a UK-domiciled Muslim. For anyone domiciled in England or Wales, the law of England and Wales governs how their estate is distributed — and that law does not recognise Faraid as a parallel legal framework.

What English law does provide is wide testamentary freedom: you may distribute your estate largely as you wish through a valid will under the Wills Act 1837. A Muslim can therefore write a will that follows Faraid exactly — and English courts will give effect to it as a matter of testamentary intention, not as an application of Islamic law.

Without a will, the Administration of Estates Act 1925 intestacy rules apply automatically, and these do not follow Faraid. See What happens if I die without a will in the UK as a Muslim?

This applies to England and Wales only. Scotland operates under a different succession framework (the Succession (Scotland) Act 1964), and Northern Ireland has its own rules. Always take advice from a solicitor qualified in the relevant jurisdiction.

Read the full guide: Faraid vs UK Intestacy — What Your Family Actually Inherits →

This is general guidance, not legal advice. Consult a UK-regulated solicitor for advice on your specific circumstances.

Yes — a UK will is essential if you want your Faraid intentions to be legally enforceable in England and Wales.

Islamic inheritance carries religious obligation, but it has no legal force in English courts unless expressed in a valid will under the Wills Act 1837. A will must be signed by the testator in the presence of two independent witnesses who also sign — specific formalities that cannot be replaced by a religious declaration alone. These formalities apply across England and Wales. Scotland has separate succession rules under the Succession (Scotland) Act 1964, and the formalities for a valid will differ — including allowance for holograph (handwritten) wills in some circumstances.

Without a properly executed will, English courts cannot apply Faraid. Your estate would pass under intestacy rules instead. See What happens if I die without a will in the UK as a Muslim?

Even with a valid will, certain dependants — a spouse, civil partner, or financially dependent child — may bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. A clear, properly drafted will significantly reduces this risk by demonstrating deliberate intention, though it cannot eliminate it entirely.

Mizaanly’s Solicitor Instruction Letter is an instruction document — it shows a solicitor exactly how to draft a will reflecting your Faraid distribution. It is not itself a will and has no legal effect until formalised by a qualified solicitor.

Read the full guide: Writing an Islamic Will (Wasiyyah) in the UK — What Makes It Valid? →

This is general guidance, not legal advice. Consult a UK-regulated solicitor before finalising estate decisions.

If you die without a will in England or Wales, the Administration of Estates Act 1925 intestacy rules determine who inherits — and these rules do not follow Faraid.

The differences are substantial. Under intestacy, a surviving spouse receives all personal belongings, a statutory legacy of £322,000 (as of 2026, set by the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 and reviewed at least every five years by the Lord Chancellor), and half of any residue above £322,000; children share the other half equally regardless of gender. Where the estate is worth £322,000 or less, children receive nothing under intestacy — the spouse takes the entire estate.

This produces a striking divergence from Faraid: under intestacy, modest estates pass entirely to the surviving spouse, leaving children with nothing — whereas Faraid guarantees children a share regardless of estate size.

In practice: daughters and sons inherit equally under intestacy but unequally under Faraid; parents typically receive nothing under intestacy if a spouse and children survive; a non-Muslim spouse receives the full intestacy entitlement, which may conflict with your religious intentions.

The Inheritance (Provision for Family and Dependants) Act 1975 also allows dependants to apply to court for provision from the estate, on top of the intestacy rules.

A valid will is the only means of ensuring your estate follows Faraid in England and Wales. Scotland and Northern Ireland operate different intestacy frameworks.

Read the full guide: Faraid vs UK Intestacy — What Your Family Actually Inherits →

Deep dive: UK Intestacy Rules for Muslim Families — nikah marriages, pensions, Scotland, IHT and more →

This is general guidance, not legal advice. Consult a UK-regulated solicitor.

Under classical Faraid rules, a legally adopted child has no automatic inheritance entitlement from their adoptive parents. Islam does not recognise formal adoption (tabanni — the pre-Islamic practice of fully incorporating a child into one’s lineage). Instead, Islam provides for kafala (guardianship and care), under which a child retains their biological family name and inheritance rights from their biological family.

An adopted child is therefore not a Faraid heir. If an adoptive parent wishes to provide for an adopted child, the proper mechanism is a wasiyyah (voluntary bequest) of up to one-third of the estate. See What is the difference between Faraid and a will?

In England and Wales, the position under civil law is the opposite: a child legally adopted under the Adoption and Children Act 2002 has exactly the same inheritance rights as a biological child, both under intestacy and under a will.

This divergence between religious and civil law means a Muslim with an adopted child should make explicit provision in their UK will — expressing any wasiyyah bequest clearly while acknowledging the child’s legal status. Without this, a legally adopted child could inherit under English law in a way that conflicts with Faraid intentions.

This is general guidance, not legal or religious advice. Always consult a qualified scholar and a UK-regulated solicitor.

Awl (proportional reduction) applies when the total of all fixed Quranic shares adds up to more than the whole estate. Rather than applying the shares literally and overpaying heirs, all shares are reduced proportionally so they sum to exactly one.

Worked example. A man dies leaving a wife and two full sisters, with no children, no father, no sons:

• Wife’s fixed share: 1/2 (Surah An-Nisa 4:12)
• Two sisters’ fixed share together: 2/3 (Surah An-Nisa 4:176)
• Total: 1/2 + 2/3 = 3/6 + 4/6 = 7/6 — exceeds the estate

The classical solution is to increase the common denominator from 6 to 7:

• Wife receives 3/7 (reduced from 3/6)
• Both sisters together receive 4/7, each taking 2/7 (reduced from 2/6)
• Total: 3/7 + 4/7 = 1 ✓

Every heir receives slightly less than their full Quranic fraction, but the reduction is proportional — no heir’s share is arbitrarily disfavoured over another’s.

Awl is agreed across all four Sunni madhabs as the standard solution when fixed shares exceed the estate. Mizaanly applies awl automatically when it arises. For the inverse scenario — when fixed shares fall short of the estate — see What is radd (return of surplus)?

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab.

Radd (return of surplus) applies when the fixed Quranic shares do not exhaust the full estate and no residuary heir (asabat) is present to absorb the remainder — the inverse of awl.

Worked example. A woman dies leaving a daughter and a mother — no sons, no father, no husband:

• Daughter’s fixed share: 1/2
• Mother’s fixed share: 1/6
• Total: 2/3 — leaving 1/3 unallocated, with no residuary heir present

Under radd, the unclaimed 1/3 returns to the fixed-share heirs proportionally to their original shares. The daughter held 3 parts, the mother 1 part — total 4 parts. The estate is divided 3:1: daughter receives 3/4, mother receives 1/4.

Madhab differences — among the most consequential in practice:

• Hanafi and Hanbali: radd applies to all fixed-share heirs except the spouse. The surplus returns proportionally to non-spouse heirs; the spouse’s share is fixed and does not increase.
• Shafi‘i and Maliki (classical position): the surplus passes to bayt al-mal (the Muslim public treasury). Many modern scholars in both schools follow the Hanafi/Hanbali radd position pragmatically — particularly in countries where no functioning bayt al-mal exists.

Mizaanly applies the radd ruling of your chosen madhab automatically. See Which madhabs does Mizaanly support? Calculate the exact distribution for your circumstances.

This is general guidance, not legal or religious advice. Always verify with a qualified scholar in your madhab — madhab differences in radd are consequential and can significantly affect distributions.

Faraid distribution does not begin until all debts and funeral costs are settled — both an Islamic requirement and an English legal one. For the Islamic priority order, see What are the three rights that come before inheritance distribution? This answer covers the UK practical mechanics.

What counts as a deductible debt. From an Islamic standpoint: mortgages, personal loans, credit card balances, outstanding taxes, unpaid zakat, and any mahr (dower) still owed by the deceased to his surviving wife. All must be satisfied before heirs receive their shares. English law requires the same — all legally enforceable debts are settled from the estate before distribution to beneficiaries.

Funeral costs. Reasonable funeral and burial expenses are the first charge on the estate under both Islamic and English law. There is no statutory definition of “reasonable”; costs are assessed against the circumstances of the estate. Standard Muslim burial costs would not be questioned.

When the estate is insolvent. Where debts exceed assets, English law sets the priority order under the Administration of Insolvent Estates of Deceased Persons Order 1986 (made under the Insolvency Act 1986): funeral and administration expenses rank first; preferential debts (employee wages and pension contributions, subject to caps) second; ordinary unsecured creditors — including credit card companies and any mortgage shortfall — rank equally and share remaining assets proportionally. Note: HMRC tax debts have not held preferential status since the Enterprise Act 2002 and rank alongside other unsecured creditors.

Personal representative liability. A personal representative who distributes assets to heirs before all creditors are satisfied can be held personally liable for the shortfall.

Read the full guide: Writing an Islamic Will (Wasiyyah) in the UK — includes a worked example showing debts, janazah costs, Wasiyyah, and Faraid applied in order →

This is general guidance, not legal advice. Consult a UK-regulated solicitor for estate administration advice.

If no qualifying heir of any tier survives, classical Faraid jurisprudence directs the estate to the bayt al-mal — the Muslim public treasury, used for the welfare of the Muslim community. This represents the final tier in the hierarchy set out in What is the order of priority among heirs in Islam?

The UK context. No bayt al-mal equivalent exists in the UK. Under English law, an estate with no qualifying relatives passes to the Crown as bona vacantia under the Administration of Estates Act 1925. The Crown Estate administers bona vacantia in England and Wales; the Duchy of Lancaster and Duchy of Cornwall handle their respective areas. Bona vacantia estates are advertised publicly — a distant relative who comes forward within the relevant time limit may be able to claim, but there is no guarantee of recovery.

Why this matters practically. This outcome is one of the strongest practical arguments for writing a will. Through wasiyyah, you can direct assets to a charity, a mosque, or a distant relative who would not automatically qualify under Faraid — ensuring your estate serves a purpose you have chosen, rather than passing to the Crown. Without a will, once an estate passes under bona vacantia it cannot be redirected. See How much of my estate can I leave in a wasiyyah?

This is general guidance, not legal advice. Consult a UK-regulated solicitor for advice on your specific circumstances.

Under English law, property can be co-owned in one of two ways, and the difference has profound implications for Islamic inheritance.

Joint tenants. When one joint tenant dies, their share automatically passes to the surviving owner by the right of survivorship — outside the estate, outside probate, and outside Faraid distribution entirely. The property never enters the estate. A surviving joint tenant takes 100% regardless of what the deceased’s will or Faraid shares would have specified.

Tenants in common. Each owner holds a defined, distinct share that passes through their estate on death. This share is subject to Faraid distribution if expressed in a valid will, or to intestacy rules if not. Tenants in common is the ownership structure that preserves Faraid.

Why this matters. Most UK Muslim couples purchased property as joint tenants by default — residential mortgage lenders historically presented this as the standard option. Many are unaware that their property will pass entirely to the surviving spouse outside Faraid, regardless of any will or Solicitor Instruction Letter. The Law of Property Act 1925 governs both ownership forms in England and Wales.

Converting to tenants in common. A joint tenancy can be severed at any time by one owner giving written notice of severance — no court order is required. Severance should be registered at HM Land Registry using Form SEV. Where the owners want to define unequal shares (for example, 70/30 to reflect different deposit contributions), a Declaration of Trust prepared by a solicitor sets this out clearly. A solicitor can handle both quickly. Both parties should update their wills following severance.

See Do I need a UK will alongside Faraid distribution? and What happens if I die without a will?

See also What about pensions and life insurance in Islamic inheritance? — pension and insurance arrangements have similar implications for Faraid.

Read the full guide: How Jointly-Owned Property Affects Islamic Inheritance in the UK →

This is general guidance, not legal advice. Consult a UK-regulated solicitor before severing a joint tenancy — implications for your mortgage and other arrangements should be reviewed first.

Most UK occupational pension schemes and modern personal pensions (including SIPPs and stakeholder pensions) are held under trust. Some older retirement annuity contracts may operate differently — check the scheme’s death benefit rules. When a member dies, death benefits are typically paid in line with an “expression of wish” or nomination form submitted to the scheme trustees — but this payment is made outside the estate, bypassing both probate and Faraid distribution entirely. The trustees retain final discretion under the scheme’s trust deed; a nomination guides but does not bind them. The tax treatment of pension death benefits is governed by the Finance Act 2004.

Life insurance policies written into trust operate similarly: the death benefit pays directly to named beneficiaries outside the estate. The Married Women’s Property Act 1882 provides the historical statutory basis for policies written into trust. Note: not all life insurance is written into trust — policies held personally (outside a trust arrangement) pass through the estate and may be subject to inheritance tax.

The Faraid problem. Because pension and insurance payouts typically bypass the estate, they fall outside Faraid distribution regardless of what a will specifies. This is one of the most common ways Sharia-compliant estate planning fails in practice.

Two options for Sharia compliance:

1. Review all pension and insurance nominations and align them with your Faraid shares.
2. Nominate the estate itself as beneficiary, so funds enter the estate and are distributed via Faraid. Note: this may expose the payout to inheritance tax. Pension death benefits paid out under trustee discretion are typically outside the deceased’s IHT estate under the Inheritance Tax Act 1984 (s.151) . However, government policy in this area is changing — unused pension funds are scheduled to fall within IHT from April 2027 under measures announced in the 2024 Autumn Budget. Professional advice is essential before relying on either option.

See Do I need a UK will alongside Faraid distribution? and How is jointly-owned property handled in the UK?

This is general guidance, not legal or financial advice. Always consult a UK-regulated solicitor and an independent financial adviser before making changes to pension or insurance nominations.

The Faraid calculation is completely free. Enter the estate value, debts, and surviving family members, select your madhab, and view the complete inheritance distribution showing every heir’s share with Quranic references — at no cost. No account is required to run a calculation or view the result.

The £29 one-time payment per case unlocks the professional five-page Solicitor Instruction Letter PDF: a cover page with a unique case reference, the full inheritance distribution table with Quranic share references for each heir, wasiyyah (bequest) instructions, and a formal instruction letter addressed to your solicitor referencing the Wills Act 1837.

An account is required to purchase and download the PDF, and to save your calculation for later access or re-download. There is no subscription — the £29 applies to a single case.

Calculate your inheritance distribution to get started.

Mizaanly supports all four major Sunni madhabs (schools of Islamic jurisprudence): Hanafi, Shafi‘i, Maliki, and Hanbali. Madhab selection happens before you run a calculation, and the results reflect that school’s rulings throughout.

All four madhabs agree on the core Quranic shares — the fixed entitlements of spouses, children, and parents established in Surah An-Nisa. Differences arise in specific edge cases, and Mizaanly handles the most significant ones automatically:

• Radd (return of surplus — when fixed shares do not exhaust the estate): madhabs differ on whether the surplus returns to heirs — and if so, to which heirs.
• Grandfather alongside siblings: when no father survives, Hanafi differs from the Maliki, Shafi‘i, and Hanbali positions on how a paternal grandfather’s share interacts with surviving siblings.

Calculate the exact distribution for your family.

Read the full guide: How the Four Madhabs Differ on Faraid →

Always verify edge-case rulings with a qualified scholar in your madhab.

You need both — Mizaanly and a solicitor serve different roles, and one does not replace the other.

What Mizaanly does: calculates your Faraid distribution accurately for your chosen madhab and produces a professional five-page Solicitor Instruction Letter. The letter gives your solicitor everything needed to draft the will: a suggested Gift of Residue clause with exact heir fractions and amounts ready to use, the Quranic basis for every share, wasiyyah instructions, and drafting notes covering executor appointment, minor heir provisions, STEP standard provisions, and the 1975 Act.

What Mizaanly does not do: draft a legally valid will, provide legal or religious advice, or replace the judgement of a qualified solicitor or scholar. The solicitor must execute a will under the Wills Act 1837 to make it legally binding.

Think of Mizaanly as handling the entire Faraid calculation and instruction so your solicitor can focus on the legal instrument. See What does the Solicitor Instruction Letter contain?

Information for solicitors: how the Solicitor Instruction Letter works →

Always consult a UK-regulated solicitor before finalising your estate.

The Solicitor Instruction Letter is a professional five-page PDF structured specifically for use by UK solicitors drafting a Sharia-compliant will. It contains four sections:

• A — Estate Summary: gross estate, deductions (funeral costs and debts), net distributable estate, and total number of heirs.
• B — Suggested Gift of Residue Clause: numbered clause wording your solicitor can adapt directly into the will. Each heir is listed with their exact share in words (e.g. “one-eighth (1/8) of the net distributable estate”), the percentage, and the monetary amount. Residuary (Asabah) heirs are identified clearly. This is the section solicitors use when drafting clause 4 of the will.
• C — Priority of Distribution: the four-step order — funeral costs, debts, wasiyyah, then heirs — stated explicitly for the solicitor’s reference.
• D — Notes for Drafting: executor and trustee appointment reminder, STEP Standard Provisions (3rd Edition) recommendation, a flagged warning if any heirs may be minors (triggering the Receipt by Minors clause), Wills Act 1837 witness requirements, the Inheritance (Provision for Family and Dependants) Act 1975 risk note, and a Scotland caveat.

The document also contains a full distribution table and Quranic basis section on page 2, and wasiyyah instructions on page 3. The letter references the Mizaanly case reference and madhab on every page.

View a sample Solicitor Instruction Letter →

Yes. Section B of the letter is written precisely for this purpose. It provides the suggested clause wording — “I give all my residuary estate to my Trustees upon trust… to distribute as follows” — followed by a numbered list of each heir with their share expressed in legal prose (fraction in words, percentage, and amount). Your solicitor adapts the wording to their firm’s house style and incorporates it as the Gift of Residue clause in the will.

This is the same clause structure used by will-writing firms such as Sovereign Planning, adapted to carry the full Faraid distribution rather than a generic “everything to spouse” direction. A solicitor who has never handled a Faraid case before can follow the letter directly.

The letter does not replace your solicitor’s professional judgement on IHT structuring, property co-ownership, executor appointment, or any statutory provisions specific to your estate. It handles the Islamic calculation; your solicitor handles the legal instrument.

More information for solicitors →

Yes. The letter was built by a practising Mufti and reviewed by a specialist in Fiqh and Islamic Economics. It is structured as a formal solicitor instruction document — not a consumer summary — with a running case reference, right-aligned date and reference block, and section labels matching the structure of a standard UK will (revocation, executors, administration, Gift of Residue, trustee clauses, minors, final clause).

Every share traces directly to Surah An-Nisa (4:11, 4:12, 4:176) or authenticated hadith, with the Quranic basis stated per heir. The madhab applied is recorded on every page. The calculation is deterministic: the same inputs always produce the same result, and the document includes the case reference so the solicitor can verify the letter has not been altered.

The letter carries Mizaanly’s brand mark (the scales of justice used across the platform), is produced in print-quality PDF, and states clearly on every page that the solicitor remains responsible for the legal instrument.

About Mizaanly — scholarly background and calculation review →

Yes. Mizaanly stores account and calculation data with Supabase, hosted in the European Union, with encryption in transit and at rest. Your calculation inputs — estate values, heir details, and madhab selection — are linked to your account and are not shared with third parties.

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