Ilm al-Faraid, or the science of Islamic inheritance law, outlines the rules governing the distribution of a deceased person’s estate among their heirs according to Sharia (Islamic law). Derived from the Quran, Hadith, and Islamic jurisprudence, these rules aim to ensure a just and equitable distribution of wealth, reflecting both familial ties and societal responsibilities.
Here are the key aspects of Ilm al-Faraid:
- Quranic Basis:
- The primary source for inheritance rules in Islam is the Quran, particularly the verses in Surah An-Nisa (Chapter 4:11-12 and 4:176). These verses specify the fixed shares allocated to various relatives.
- The overarching goal is to ensure fair distribution and to prevent conflicts over inheritance.
- Fixed Shares (Faraid):
- Inheritance shares are predetermined for specific heirs, known as the “faraid,” which must be adhered to:
- Spouse: A surviving spouse is entitled to a share, which varies depending on whether the deceased left behind children.
- Parents: Both parents are entitled to a share, with precise allocations specified in the Quran.
- Children: Sons and daughters are primary heirs, with sons typically receiving double the share of daughters, reflecting the traditional responsibility of financial guardianship.
- Inheritance shares are predetermined for specific heirs, known as the “faraid,” which must be adhered to:
- Categories of Heirs:
- Primary Heirs (Ashab al-Furud): These include relatives with specified shares, such as spouses, parents, and children.
- Residual Heirs (Asaba): These relatives inherit the remainder of the estate after the primary heirs have received their shares. They are typically male relatives such as sons, brothers, and paternal uncles.
- Distant Kindred (Dhawul Arham): These are heirs who inherit when no immediate or residual heirs exist.
- Exclusions and Conditions:
- Certain individuals may be excluded from inheritance, such as those who were responsible for the deceased’s death or non-Muslim relatives, depending on the interpretation of Sharia by different schools of thought.
- Immediate Liabilities and Debts:
- Before distribution, the estate must first cover funeral expenses, debts owed by the deceased, and any will-related obligations within the limits of one-third of the estate.
- Will (Wasiyyah):
- A Muslim may allocate up to one-third of their estate through a will (wasiyyah) to beneficiaries who are not entitled to fixed shares or for charitable purposes.
- Role of Islamic Jurists:
- Islamic scholars and jurists provide guidance on complex inheritance cases, ensuring that distribution aligns with Sharia while addressing unique family dynamics or disputes.
Ilm al-Faraid is designed to achieve a balanced approach to inheritance, acknowledging both individual and familial rights while prioritizing fairness and responsibility in wealth management. The rules are intricate, and interpreting them often requires expert knowledge to address specific familial or legal situations accurately.
Written by AI. A more correct, God given, explanation can be found here.