How To Calculate Islamic Inheritance for Parents
In Islamic inheritance law (Fiqh al-Mawarith), parents are guaranteed specific shares of their child’s estate. This comprehensive guide explores the Islamic inheritance rules for parents, their fixed shares under different family configurations, and practical examples to help you understand how parents’ inheritance is calculated according to Shariah law.
Key Takeaways
- Parents are primary heirs who always inherit from their deceased child
- A father receives a fixed share of 1/6 when the deceased has children, plus any residue if there are no sons
- A mother receives 1/6 when the deceased has children or multiple siblings
- A mother receives 1/3 when the deceased has no children and no more than one sibling
- Parents’ shares are divinely ordained and cannot be denied or altered
- Special rules apply when parents inherit alongside spouses (Umariyyatan cases)
Understanding Parents’ Position in Islamic Inheritance
In Islamic inheritance law, parents hold a special position as primary heirs who are never completely excluded from inheritance. The Qur’an explicitly mentions parents’ shares in Surah An-Nisa:
“For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the only heirs, the mother receives a third; if the deceased left brothers or sisters, the mother receives a sixth.” (Qur’an 4:11)
This verse establishes parents as primary heirs with guaranteed shares, reflecting the Islamic principle of honoring and caring for parents even after death. Unlike some cultural practices that may prioritize other relatives, Islamic law ensures that parents receive their rightful share of inheritance, acknowledging their lifelong dedication and support.
Fixed Shares for Parents in Islamic Inheritance
A parent’s share in Islamic inheritance varies based on specific circumstances:
Father’s Share
When the deceased has children: The father receives a fixed share of one-sixth (1/6) of the estate. If there are no sons (only daughters), the father also receives any remaining estate as a residuary heir after all fixed shares have been distributed.
When the deceased has no children: The father becomes a residuary heir and receives whatever remains after the mother and spouse (if any) receive their fixed shares.
Mother’s Share
When the deceased has children: The mother receives a fixed share of one-sixth (1/6) of the estate.
When the deceased has multiple siblings: The mother receives one-sixth (1/6) of the estate, regardless of whether these siblings actually inherit or are blocked by other heirs.
When the deceased has no children and no more than one sibling: The mother receives one-third (1/3) of the estate.
Special Cases: Umariyyatan (Gharrawayn)
These are special cases named after Umar ibn Al-Khattab (may Allah be pleased with him) where the deceased leaves behind a spouse, mother, and father. In these cases:
Husband, mother, and father: The mother receives one-third of what remains after the husband’s share (1/2), rather than one-third of the entire estate. This effectively reduces her share from 1/3 to 1/4 of the total estate.
Wife, mother, and father: The mother receives one-third of what remains after the wife’s share (1/4), rather than one-third of the entire estate. This effectively reduces her share from 1/3 to 1/4 of the total estate.
Factors Affecting Parents’ Shares
Several factors can influence parents’ inheritance shares:
Presence of Children
The presence of children significantly affects parents’ shares:
With children: Both parents receive 1/6 each, with the father potentially receiving additional residue if there are no sons.
Without children: The mother’s share increases to 1/3, and the father receives the residue as a residuary heir.
Presence of Siblings
The presence of siblings affects the mother’s share:
Multiple siblings: Reduces the mother’s share from 1/3 to 1/6 when there are no children.
One or no siblings: The mother receives 1/3 when there are no children.
It’s important to note that siblings may be blocked from actually inheriting by the father, but their presence still affects the mother’s share.
Presence of Spouse
The presence of a spouse affects how much of the estate remains for parents:
With spouse: The spouse receives their fixed share first (1/2 for husband or 1/4 for wife when there are no children; 1/4 for husband or 1/8 for wife when there are children), reducing the overall estate available for parents.
Umariyyatan cases: Special rules apply when parents inherit alongside a spouse, as explained above.
Application of Awl (Proportional Reduction)
In cases where the total fixed shares exceed the whole estate (adding up to more than 1), the principle of Awl (proportional reduction) is applied. All shares, including the parents’ shares, are proportionally reduced to ensure the total equals 1 (100% of the estate).
Practical Examples of Parents’ Inheritance
Example 1: Parents with No Other Heirs
A person dies leaving behind only their parents. The estate is valued at $300,000.
Calculation:
- Mother’s share: 1/3 = $100,000
- Father’s share: Residue (2/3) = $200,000
Example 2: Parents with Children
A person dies leaving behind their parents, one son, and one daughter. The estate is valued at $360,000.
Calculation:
- Father’s share: 1/6 = $60,000
- Mother’s share: 1/6 = $60,000
- Remaining for children (2/3): $240,000
- Son receives: 2/3 of $240,000 = $160,000 (twice the daughter’s share)
- Daughter receives: 1/3 of $240,000 = $80,000
Example 3: Parents with Spouse (Umariyyatan Case)
A woman dies leaving behind her husband, father, and mother. The estate is valued at $240,000.
Calculation:
- Husband’s share: 1/2 = $120,000
- Mother’s share: 1/3 of remainder (1/6 of total) = $40,000
- Father’s share: Residue = $80,000
Example 4: Parents with Daughters Only
A person dies leaving behind their parents and two daughters. The estate is valued at $480,000.
Calculation:
- Father’s share: 1/6 = $80,000
- Mother’s share: 1/6 = $80,000
- Two daughters share: 2/3 = $320,000 (each daughter receives $160,000)
- Father receives no additional residue because the fixed shares total 100%
Example 5: Parents with Siblings
A person dies leaving behind their parents and three siblings, with no children or spouse. The estate is valued at $180,000.
Calculation:
- Mother’s share: 1/6 (reduced from 1/3 due to siblings) = $30,000
- Father’s share: Residue = $150,000
- Siblings: Nothing (blocked by the father)
Common Questions About Parents’ Inheritance
Can Parents Be Disinherited in Islamic Law?
No, parents cannot be disinherited in Islamic law. Their shares are divinely ordained and guaranteed. Any attempt to deprive them of their rightful share contradicts Islamic principles and is considered invalid.
Do Stepparents Inherit?
Stepparents do not inherit from their stepchildren under Islamic law. Only biological parents (or legal parents in case of certain adoptions recognized by Islamic law) are entitled to the parents’ shares.
What Happens if One Parent is Deceased?
If one parent is deceased, the surviving parent receives their prescribed share, and the deceased parent’s share does not automatically transfer to the surviving parent. Instead, the distribution follows the standard rules with the remaining heirs.
Do Parents Inherit from Their Married Daughters?
Yes, parents inherit from their married daughters just as they would from their sons. Marriage does not affect a daughter’s relationship with her parents for inheritance purposes.
What if Parents Are Non-Muslims?
According to the majority opinion, difference in religion is a barrier to inheritance. If the parents are non-Muslims and the deceased is a Muslim, they would not inherit. However, some scholars permit a bequest (wasiyyah) of up to one-third of the estate to non-Muslim parents.
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. Parents’ rights are generally well-protected in these legal frameworks.
Financial Planning for Aging Parents
While Islamic inheritance provides guaranteed shares for parents, many scholars advise Muslims to consider additional financial planning mechanisms to ensure their parents’ financial security:
Gifts during lifetime: Muslims can give gifts (hibah) to their parents during their lifetime, which are not subject to inheritance rules.
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 parents indirectly.
Joint ownership: Assets can be owned jointly with parents, so only the deceased’s portion is subject to inheritance rules.
Cultural Practices vs. Islamic Requirements
In some Muslim communities, cultural practices may differ from Islamic inheritance rules. For example:
Prioritizing sons over parents: Some cultures may prioritize giving more to sons at the expense of parents’ shares, which contradicts Islamic principles.
Excluding mothers from certain properties: Some cultures may exclude mothers from inheriting land or business assets, which has no basis in Islamic law.
Muslims should ensure that cultural practices do not override the divinely ordained shares for parents.
Conclusion
In Islamic inheritance law, parents are entitled to a substantial portion of their children's estates, highlighting the importance Islam places on respect and support for one's parents. Depending on the circumstances, they may receive one-sixth, one-third, or even act as residuary heirs—rights that are firmly protected under Shariah.
Knowing these rules is vital to ensure parents receive their rightful share, which plays a key role in their financial well-being later in life. To learn more, explore how to calculate Islamic inheritance accurately for your family's specific situation.
References
- The Holy Qur’an, Surah An-Nisa (4:11-12, 176)
- Sahih Al-Bukhari and Sahih Muslim (Hadith collections)
- Al-Mughni by Ibn Qudamah
- Islamic Inheritance Law: A Practical Guide by Muhammad Mustafa Khan
- Fiqh al-Mawarith by Dr. Muhammad Al-Zuhayli
- Resolution No. 183 (19/7) of the International Islamic Fiqh Academy
- AAOIFI Shariah Standard No. 35 on Wills