Faraid explained: who inherits what
Faraid is the Islamic law of fixed inheritance shares. It is not a suggestion you apply to whatever is left over — it is a calculation, and the order in which things happen matters as much as the fractions.
What leaves the estate before the heirs are paid
Four duties are carried out in this sequence:
- Funeral and burial costs.
- Debts owed by the deceased, including any unpaid mahr.
- The wasiyyah (bequest), capped at one-third of what remains.
- Faraid distribution of the rest.
Quran 4:12 states that inheritance shares apply after bequests and debts. The detailed priority of estate expenses comes from fiqh; secured debts and religious obligations can require specific treatment and qualified advice.
The fixed shares (ashab al-furud)
These heirs are paid first, from the net estate.
| Heir | Share |
|---|---|
| Husband | 1/2 without qualifying descendants; 1/4 with qualifying descendants |
| Wife | 1/4 without qualifying descendants; 1/8 with qualifying descendants (shared if more than one wife) |
| Daughter (no son surviving) | 1/2 if one; 2/3 shared if two or more |
| Mother | 1/3; falls to 1/6 if there are children or two or more siblings |
| Father | 1/6 with male descendants; 1/6 plus any residue with female descendants only; otherwise a residuary |
| Maternal half-brother or half-sister | 1/6 if one; 1/3 shared equally if two or more; excluded by qualifying descendants, the father or the paternal grandfather, but not by the mother alone |
| Full sister (no qualifying descendants, father, paternal grandfather or full brother surviving) | 1/2 if one; 2/3 shared if two or more |
Qualifying descendants here include children and descendants through sons, not every grandchild through every line. These are introductory rules, not a complete eligibility chart. With a spouse and both parents, and no descendants or two-or-more siblings, the mother receives one-third of the remainder after the spouse rather than one-third of the whole estate. Sisters can instead become residuary heirs alongside daughters, and grandfather/sibling cases require school-specific treatment.
Then the residuary heirs (asaba)
Whatever is left after the fixed shares goes to the nearest male agnatic relatives, in order: son, then father, then brothers, then paternal uncles. A nearer heir blocks a more distant one, which is why a surviving son excludes the deceased's brothers entirely.
Worked example 1 — wife, two sons, a daughter, both parents
Net estate £240,000.
- Wife 1/8 = £30,000
- Mother 1/6 = £40,000
- Father 1/6 = £40,000
Those fixed shares total 11/24, leaving 13/24 (£130,000) as residue. The children split it in five parts, two for each son and one for the daughter:
- Each son = £52,000
- Daughter = £26,000
Worked example 2 — when the fractions overflow ('awl)
A woman dies leaving a husband, her mother and two full sisters. No children.
Husband 1/2, mother 1/6 (reduced from 1/3 because two siblings survive), sisters 2/3 together. That totals 4/3 — more than the estate. Under al-'awl the denominator is raised from 6 to 8 and everyone is reduced proportionately. On a $160,000 estate:
- Husband 3/8 = $60,000
- Mother 1/8 = $20,000
- Each sister 1/4 = $40,000
Where the madhabs differ
Most of Faraid is agreed, but not all of it:
- Grandfather and siblings. In Hanafi fiqh a paternal grandfather excludes the deceased's agnatic brothers and sisters. The other schools let him inherit alongside them.
- Distant kindred (dhawu al-arham) — a daughter's children, a sister's children, maternal uncles. The majority position is that they inherit when there is no residuary heir and no sharer entitled to the surplus. Traditional Maliki fiqh does not admit them.
- Surplus with no residuary. Where a residue is left and nobody qualifies as asaba, it is returned to the fixed-share heirs in proportion to their shares (ar-radd) on the majority view.
Islamic Will Pro lets you select Hanafi, Maliki, Shafi'i, Hanbali or a generic setting for supported cases. It does not implement every school-specific case. Unsupported combinations, disputed surplus treatment and certain grandfather/sibling cases stop for specialist review rather than receive an assumed distribution.
Faraid is not applied to your estate automatically
GOV.UK puts it plainly: "If you die without a will, the law decides who gets what." In the US, state intestacy statutes control, and they can differ dramatically from what the deceased wanted — religion has no bearing on them. Faraid reaches your estate only through a valid will that sets the shares out.
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Islamic Will Pro is free. You answer guided questions, choose your madhab, and the Faraid calculator works out each heir's share before producing a PDF will with witness pages. You can also record Janazah wishes, store documents in the vault, track obligations, estimate UK Inheritance Tax, and use the Zakat calculator. Create your free Islamic will · Get the app on Google Play
Sources (checked 5 October 2026)
- Quran 4:11–12, Surah An-Nisa
- The Islamic Laws of Inheritance — SunnahOnline
- Make a will — GOV.UK
- Understanding intestacy if you die without an estate plan — FindLaw
This guide is general information, not legal advice or a fatwa. Islamic Will Pro is not a law firm. Speak to a solicitor or attorney about your circumstances and a qualified scholar about religious questions.
Frequently asked questions
Does a son really get twice a daughter's share?
Yes, where both inherit as residuary heirs the Quran sets the male share at twice the female share (4:11). Daughters with no brothers take a fixed share instead: half for one daughter, two-thirds shared between two or more.
What if the shares add up to more than the whole estate?
Every share is reduced proportionately under the doctrine of al-'awl. The worked example below shows how a husband, mother and two sisters are paid when the fractions total four-thirds.
Do UK or US courts apply Faraid automatically?
No. In England and Wales the intestacy rules decide if there is no will, and in the US each state's intestacy statute decides. Faraid only governs your estate if you write a will that sets it out.
Can I change the shares if a relative needs more?
The prescribed inheritance rules cannot be replaced by personal preferences. An ordinary wasiyyah may leave up to one-third of the net estate to people who are not inheriting heirs, or to charity. Exceptions require qualified heirs' consent after death and specialist advice.