Islamic Inheritance for Children

How To Calculate Islamic Inheritance for Children

In Islamic inheritance law (Fiqh al-Mawarith), children are primary heirs who receive significant portions of their parents' estates.

This comprehensive guide explores the Islamic inheritance rules for children, their fixed shares under different family configurations, and practical examples to help you understand how children's inheritance is calculated according to Shariah law.

Key Takeaways

• Sons receive twice the share of daughters when they inherit together
• When there are only daughters, they receive fixed shares: one daughter gets 1/2, two or more daughters share 2/3
• Sons and their male descendants are residuary heirs who receive the remainder after fixed shares are distributed
• Children block (exclude) grandchildren from inheriting directly
• Adopted children do not automatically inherit but can receive up to one-third through a will (wasiyyah)
• Illegitimate children inherit only from their mother and maternal relatives according to most scholars

Understanding Children's Position in Islamic Inheritance

In Islamic inheritance law, children hold a privileged position as primary heirs who are rarely excluded from inheritance. The Qur'an explicitly mentions children's shares in Surah An-Nisa:

"Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half." (Qur'an 4:11)

This verse establishes the fundamental principle that sons receive twice the share of daughters, reflecting the Islamic concept of financial responsibility where males are obligated to provide for their families, while females are not required to spend their wealth on anyone, even their own children.

Women keep their inheritance as their personal property, while men must use their larger share to support the family.

Fixed Shares for Children in Islamic Inheritance

A child's share in Islamic inheritance varies based on gender and the presence of other heirs:

Sons' Shares

Sons are considered residuary heirs (Asaba), meaning they inherit what remains after the fixed shares have been allocated to other heirs. When sons inherit:

1. With daughters: The estate is divided so that each son receives twice the share of each daughter.
2. Without daughters: Sons divide the residue equally among themselves after other fixed shares (like those for parents and spouses) are distributed.
3. As the only heirs: If sons are the only heirs, they divide the entire estate equally among themselves.

Sons block (exclude) more distant descendants such as grandchildren from inheriting.

Daughters' Shares

Daughters' shares depend on whether they inherit with sons or not:

1. With sons: Daughters become residuary heirs along with the sons, with each son receiving twice the share of each daughter.
2. Without sons:
3. A single daughter receives one-half (1/2) of the estate.
4. Two or more daughters share two-thirds (2/3) of the estate equally among themselves.

Adopted Children

Adopted children do not automatically inherit from their adoptive parents under Islamic law. This is based on the Quranic verse:

"Call them by [the names of] their fathers; it is more just in the sight of Allah." (Qur'an 33:5)

However, adoptive parents can allocate up to one-third of their estate to adopted children through a will (wasiyyah).

Illegitimate Children

According to the majority of scholars, illegitimate children inherit only from their mother and maternal relatives, not from their biological father. This is based on the hadith:

"The child belongs to the bed (i.e., the husband of the woman who gave birth to the child), and for the adulterer is the stone (i.e., deprivation)." (Bukhari and Muslim)

Factors Affecting Children's Shares

Several factors can influence children's inheritance shares:

Gender

As mentioned, sons receive twice the share of daughters when they inherit together. This reflects the Islamic concept of financial responsibility, where males are obligated to provide for their families while females are not.

Number of Children

The number of children affects how the estate is divided:

1. Multiple sons: They share the residue equally.
2. Multiple daughters without sons: They share two-thirds equally.
3. Mixed gender: Each son receives twice the share of each daughter.

Presence of Other Heirs

The presence of other heirs affects how much of the estate remains for children:

1. Parents: Each parent typically receives one-sixth when the deceased has children.
2. Spouse: A husband receives one-fourth (instead of one-half) and a wife receives one-eighth (instead of one-fourth) when the deceased has children.

Posthumous Children

A child in the womb at the time of the parent's death is entitled to inheritance if born alive. The estate distribution may be delayed until birth to determine the child's gender and adjust shares accordingly.

Practical Examples of Children's Inheritance

Example 1: Sons Only

A man dies leaving behind three sons. The estate is valued at $300,000.

Calculation: - Each son receives an equal share: $300,000 ÷ 3 = $100,000 per son

Example 2: Daughters Only

A woman dies leaving behind two daughters. The estate is valued at $240,000.

Calculation: - Two daughters share 2/3 of the estate: $240,000 × 2/3 = $160,000 - Each daughter receives: $160,000 ÷ 2 = $80,000 - The remaining 1/3 ($80,000) goes to other heirs or is redistributed among existing heirs if there are no residuary heirs

Example 3: Mixed Children

A man dies leaving behind two sons and three daughters. The estate is valued at $420,000.

Calculation:
Total shares: 7 (2 sons × 2 shares each + 3 daughters × 1 share each)

• Each share value: $420,000 ÷ 7 = $60,000
• Each son receives: $60,000 × 2 = $120,000
• Each daughter receives: $60,000

Example 4: Children with Parents and Spouse

A woman dies leaving behind her husband, two sons, one daughter, and both parents. The estate is valued at $480,000.

Calculation:

• Husband's share: 1/4 = $120,000
• Father's share: 1/6 = $80,000
• Mother's share: 1/6 = $80,000
• Remaining for children: $200,000
• Total shares for children: 5 (2 sons × 2 shares each + 1 daughter × 1 share)
• Each share value: $200,000 ÷ 5 = $40,000
• Each son receives: $40,000 × 2 = $80,000
• Daughter receives: $40,000

Example 5: Single Daughter

A man dies leaving behind one daughter, his wife, and his brother. The estate is valued at $360,000.

Calculation:

• Daughter's share: 1/2 = $180,000
• Wife's share: 1/8 = $45,000
• Brother receives the residue as a residuary heir: $135,000

Common Questions About Children's Inheritance

Why Do Sons Receive Twice the Share of Daughters?

Sons receive twice the share of daughters because, in Islamic law, males have greater financial responsibilities. Men are obligated to provide for their wives, children, and other female relatives, while women are not required to spend their wealth on anyone.

Women keep their inheritance as their personal property, while men must use their larger share to support the family.

Do Grandchildren Inherit if Their Parent (the Child of the Deceased) Has Died?

In traditional Islamic inheritance law, grandchildren do not automatically inherit from their grandparents if their parent (the child of the deceased) has predeceased the grandparent. However:

1. Son's children: May inherit in the absence of sons, with specific shares depending on the situation.
2. Daughter's children: Generally considered distant kindred and only inherit in the absence of primary heirs and residuary heirs.

Some Muslim-majority countries have introduced the concept of obligatory bequest (wasiyyah wajibah) for orphaned grandchildren whose parent died before the grandparent.

Can a Parent Disinherit a Child?

No, a parent cannot disinherit a child who is entitled to a fixed share according to Islamic law. The shares prescribed in the Quran and Sunnah are mandatory and cannot be altered through a will or any other means. However, a parent can make a bequest (wasiyyah) of up to one-third of their estate to non-heirs.

Do Stepchildren Inherit?

Stepchildren do not automatically inherit from their stepparents under Islamic law. They can only receive through a bequest (wasiyyah), limited to one-third of the estate.

What Happens if a Child is Born After the Death of the Father?

A child who was in the womb at the time of the father's death and is subsequently born alive is entitled to inheritance. The estate distribution may be delayed until birth to determine the child's gender and adjust shares accordingly.

Modern Applications and Considerations

Legal Implementation in Muslim-Majority Countries

Most Muslim-majority countries have codified Islamic inheritance laws into their legal systems, though with some variations based on the predominant school of thought (madhab) and local customs. Children's rights are generally well-protected in these legal frameworks.

Orphaned Grandchildren

Some Muslim-majority countries have introduced legal reforms to address the situation of orphaned grandchildren:

1. Obligatory bequest (wasiyyah wajibah): Countries like Egypt, Morocco, and Jordan have enacted laws that allocate a portion of the estate to orphaned grandchildren whose parent (the child of the deceased) died before the deceased.

2. Representation: Some legal systems allow grandchildren to "stand in" for their deceased parent and receive the share that would have gone to that parent.

Financial Planning for Children

While Islamic inheritance provides guaranteed shares for children, many scholars advise Muslims to consider additional financial planning mechanisms:

1. Gifts during lifetime: Parents can give gifts (hibah) to their children during their lifetime, which are not subject to inheritance rules.

2. Islamic will (wasiyyah): While a will cannot be used to increase the shares of legal heirs beyond their prescribed amounts, it can be used to allocate up to one-third of the estate to non-heirs or charitable causes that may benefit children indirectly.

3. Trusts and endowments: Islamic trusts (waqf) can be established to provide ongoing benefits to children and future generations.

Cultural Practices vs. Islamic Requirements

In some Muslim communities, cultural practices may differ from Islamic inheritance rules. For example:

1. Excluding daughters from certain properties: Some cultures may exclude daughters from inheriting land or business assets, which contradicts Islamic principles.

2. Giving equal shares to sons and daughters: Some families choose to give equal shares to sons and daughters through gifts during their lifetime, which is permissible as long as the Islamic inheritance rules are followed after death.

Muslims should ensure that cultural practices do not override the divinely ordained shares for children.

Ensuring Children Receive Their Islamic Inheritance Rights

To ensure children receive their rightful inheritance according to Islamic law:

1. Education: Muslims should educate themselves about Islamic inheritance rules to avoid unintentional violations.

2. Documentation: Proper documentation of assets and liabilities helps facilitate accurate distribution.

3. Professional guidance: Consulting with Islamic scholars and legal experts specialized in Islamic inheritance can help navigate complex cases.

4. Calculation tools: Using an Islamic inheritance calculator can help determine precise shares for all heirs, including children.

5. Timely distribution: Inheritance should be distributed promptly after settling debts and obligations to prevent disputes and ensure heirs receive their rights.

Conclusion

Islamic inheritance law guarantees children significant shares of their parents' estates, reflecting Islam's emphasis on family ties and financial responsibility. Whether receiving fixed shares as daughters or residuary shares as sons, children's inheritance rights are protected and cannot be denied or diminished.

Understanding these rules helps ensure that children receive their divinely ordained shares, contributing to their financial security and well-being.

For precise calculations based on your specific family situation, consider using our Islamic inheritance distribution calculator, which provides accurate distribution according to Shariah principles.

References

1. The Holy Qur'an, Surah An-Nisa (4:11-12, 176)
2. Sahih Al-Bukhari and Sahih Muslim (Hadith collections)
3. Al-Mughni by Ibn Qudamah
4. Islamic Inheritance Law: A Practical Guide by Muhammad Mustafa Khan
5. Fiqh al-Mawarith by Dr. Muhammad Al-Zuhayli
6. Resolution No. 183 (19/7) of the International Islamic Fiqh Academy
7. AAOIFI Shariah Standard No. 35 on Wills