Islamic Law on Inheritance

Remember, while these answers reflect general Islamic inheritance principles, interpretations can vary. It’s advisable to consult with a local Islamic scholar and a legal professional familiar with both Islamic and South African law to ensure your will accurately reflects your wishes and complies with both religious and legal requirements.

As a Muslim South African does Islamic inheritance law automatically apply to my estate when I die?

No, Islamic inheritance law does not automatically apply to your estate in South Africa. South African law governs inheritance, but you can choose to have your estate distributed according to Islamic principles by creating a will that sets out who your Islamic law heirs should be.

When I die, how will my estate be divided according to Islamic law?

According to Islamic law, your estate will be divided among your heirs based on fixed shares determined by their relationship to you. The Quran specifies these shares for different family members.

What will be deducted from estate before my heirs receive their Islamic inheritance?

Before distribution to heirs, funeral expenses, debts, and any bequests (up to one-third of the estate) will be deducted from your estate.

How much of my estate can I give away freely in Islamic law?

In Islamic law, you can freely give away up to one-third of your estate through bequests to non-heirs or charities. The remaining two-thirds must be distributed among your Islamic law heirs.

Who are the Islamic law heirs explicitly mentioned in the Quran?

The Quran explicitly mentions several heirs, including one’s spouse, parents, children, siblings, and in some cases, grandparents and grandchildren. Quranic sharer heirs (ashāb al-furūd) have fixed shares prescribed in the Quran, such as 1/2, 1/4, or 1/8. Agnatic heirs (‘asaba) inherit the residue of the estate after the Quranic heirs have received their shares. Agnatic heirs are typically male relatives on the paternal side.

Will all the Islamic law heirs mentioned in the Quran, always inherit from me when I die?

This depends on various factors, including which of your relatives survive you and whether those who survive you are subject to any exclusionary rules.

If I die and I am survived by my wife, mother, daughter and son, how much will each inherit?

In this scenario: Your wife would receive 1/8th, your mother 1/6th, and the remaining estate would be divided between your daughter and son, with the son receiving twice the share of the daughter.

If am survived by my wife, two daughters and my brother how will my estate be divided on my death according to Islamic inheritance laws and why will it be divided that way?

According to Islamic inheritance laws, your estate would be divided as follows:

Wife: 1/8 (12.5%)

Two daughters: 2/3 (66.67%) shared equally

Full brother: The remaining 5/24 (20.83%)

This division is based on Quranic prescriptions and Hadīth. Your wife and daughters have fixed shares according to Quranic injunctions, while your brother receives the residue as a male agnate relative.

Can I exclude my spouse from inheriting under Islamic law?

No, you cannot exclude your spouse from inheriting under Islamic law. Spouses are guaranteed a share of inheritance.

Can my wife claim her deferred Mahr/Maskavi (dowry) from my estate if I did not pay it to her in my lifetime?

Yes, if you haven’t paid your wife’s Mahr/Maskavi (dowry) during your lifetime, she can claim it from your estate before the distribution of inheritance.

If I have more than one wife, how much will each of my wives inherit according to Islamic law?

If you have multiple wives, they would share the wife’s specified Quranic portion equally. The wife portion applies in aggregate rather than individually. For example, if the wife’s share is 1/8th, two wives would each receive 1/16th.

Can my Christian mother inherit from me as an Islamic law heir on my death? If not, how can I made provision for her?

According to most interpretations of Islamic law, your Christian mother would not inherit as an Islamic law heir. However, you can provide for her using the one-third of your estate available for bequests.

Is my adopted child entitled to inherit as an Islamic law heir? If not, how can I make provision for my adopted child when I die?

Adopted children are not considered Islamic law heirs. However, you can provide for them using the one-third of your estate available for bequests.

My eldest child was conceived out of wedlock, but he was born 6 months after his mother and I got married. Can he inherit as my Islamic law heir?

Yes, he can inherit, as there is a presumption that if a child is born six months or more after the spouses have concluded a valid marriage contract, then the child is considered to have been born within wedlock unless the father denies paternity.

Before I got married, I had a son out of wedlock with another woman (not my wife) will this son be entitled to inherit as an Islamic law heir?

A child born out of wedlock is not considered an Islamic law heir to the father. However, you can provide for this son using the one-third of your estate available for bequests. Note that in Sunni jurisprudence, an extramarital child can inherit from his/her mother and her family.

I have three sons, but my eldest son passed away from cancer two years ago and he had two daughters. Will my two granddaughters automatically inherit as my Islamic law heirs?

In most interpretations of Islamic law, grandchildren whose parent (your child) has predeceased you do not automatically inherit. This situation is known as the “orphaned grandchild” problem.

How can I make provision for my two granddaughters from my predeceased son?

You can provide for your granddaughters using the one-third of your estate available for bequests. Some Islamic scholars also support the concept of an “obligatory bequest” for grandchildren in this situation, but this isn’t universally accepted.