Who Determines the Shares of Inheritance for the Heirs?

Answered by Shaykh Dr. Muhammad Fayez Awad

Question

Who determines the shares of inheritance for the heirs? And can any heir take whatever they want?

Answer

All praise is due to Allah, Lord of the worlds. Blessings and peace be upon the Messenger of Allah, his Family, and his Companions.

The one who determined the shares of inheritance and what each heir deserves is none other than Allah (Most High) in His Book and through the words of His Prophet, our master Muhammad (Allah bless him and give him peace). The explanation is as follows:

Allah created human beings on this earth and made them His stewards. To ensure their survival and the continuity of this stewardship, He made wealth a means of support and sustenance for human beings. A person is free to manage their wealth according to the rulings of Sacred Law as long as they are alive. However, once they pass away, the wealth must transfer to a new owner—a transfer that is obligatory and not earned by the person. To whom will this wealth transfer, and who will be its new owner?

Wealth Transfer

If we assume that the new owner of the wealth is the first relative or non-relative to seize it, this would lead to disputes among people, with the strongest prevailing, causing great corruption.

If we assume that the new owner of the wealth is the state, this would result in significant harm to society. The current owner of the wealth would either become greatly negligent in earning it, being content with just meeting their daily needs, leading to widespread laziness and unemployment due to the lack of investment and employment opportunities, or they would become extremely wasteful and extravagant, not caring about anyone who comes after them.

Islamic Sacred Law addressed this crucial issue by assigning inheritance to close relatives and those whom the deceased cared about and whose welfare concerned them. This gives people peace of mind regarding the fate of their wealth, as they are naturally inclined to benefit those with whom they share strong bonds of kinship or relationship.

Due to the Sacred Law’s concern with inheritance, the rulings of inheritance are detailed, clear, and evident in the Quran and Sunnah. These rulings are characterized by justice, precision, realism, balance, harmony, and completeness, all of which indicate their divine origin.

Quran

The Quran points to this in the verses related to the division of inheritance, as in His statement:

“(These are) obligatory shares.” [Quran, 4:7]

And His statement:

“But only blood relatives are now entitled to inherit from one another, as ordained by Allah. Surely Allah has (full) knowledge of everything.” [Quran, 8:75]

And His statement:

“Allah commands you… (This is) an obligation from Allah. Surely Allah is All-Knowing, All-Wise.” [Quran, 4:11]

And His statement:

“You will inherit half of what your wives leave… (This is) a commandment from Allah. And Allah is All-Knowing, Most Forbearing.” [Quran, 4:12]

And His statement:

“They ask you (for a ruling, O Prophet). Say, ‘Allah gives you a ruling regarding those who die without children or parents.’… Allah makes (this) clear to you so you do not go astray. And Allah has (perfect) knowledge of all things.” [Quran, 4:176]

Strictly Adhering To These Rulings

Therefore, whoever alters the division of inheritance contrary to what Allah (Most High) has prescribed—whether by granting inheritance to someone who is not entitled, depriving an heir of their rightful share, or equating males and females in inheritance when Allah has not made them equal—has opposed the divine ruling revealed by Allah and tampered with rights they should not touch. Such a person sins unless they repent to Allah and desist from their actions.

Recommendation

For further reading, it is advisable to refer to the following sources:

• “Al-Ahwal al-Shakhsiyya al-Ahliya wa al-Wasiyya wa al-Tarikat” by Dr. Ahmad al-Kurdi;
• “Al-Ahwal al-Shakhsiyya al-Ahliya wa al-Wasiyya wa al-Tarikat” by Dr. Mustafa al-Siba‘i and Dr. Abdul Rahman al-Sabuni;
• “Al-Ahwal al-Shakhsiyya” by Dr. Ahmad al-Hajji al-Kurdi;
• “Fath al-Mughith fi Ahkam wa Maqasid al-Mawarith” by Dr. ‘Usama al-Hamwi.

We ask Allah to grant us the ability to act upon His Book and adhere to His commands so that we may find happiness in this life and the hereafter. All praise is due to Allah, Lord of all the worlds.

[Shaykh] Dr. Muhammad Fayez Awad

Shaykh Dr. Muhammad Fayez Awad, born in Damascus, Syria, in 1965, pursued his Islamic studies in the mosques and institutes of Damascus. A graduate of the Islamic University of Medina in 1985, he holds a Ph.D. in Islamic Studies from Bahauddin Zakariya University in Pakistan.

He has extensive experience developing curricula and enhancing the teaching of various academic courses, including conducting intensive courses. Shaykh Awad has taught Fiqh, Usul al-Fiqh, Quranic sciences, the history of legislation, inheritance laws, and more at several institutes and universities such as Al-Furqan Institute for Islamic Sciences and Majma‘ al-Fath al-Islami in Damascus.

He is a lecturer at the Sultan Muhammad al-Fatih Waqf University in Istanbul, teaching various Arabic and Islamic subjects, and teaches at numerous Islamic institutes in Istanbul. Shaykh Awad is a member of the Association of Syrian Scholars, a founding member of the Zayd bin Thabit Foundation, a member of the Syrian Scholars Association, and a member of the Academic Council at the Iman Center for Teaching the Sunna and Quran.

Among his teachers from whom he received Ijazat are his father, Shaykh Muhammad Muhiyiddin Awad, Shaykh Muhiyiddin al-Kurdi, Shaykh Muhammad Karim Rajih, Shaykh Usama al-Rifai, Shaykh Ayman Suwaid, Shaykh Ahmad al-Qalash, Shaykh Muhammad Awwama, and Shaykh Mamduh Junayd.