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What is the formula for property rights under Islamic inheritance laws?
Shares under the Islamic inheritance law depend on the closeness of relation to the deceased. Shares also differ when a person belongs to Sunni or Shia sect.
Individual Women
Inheritance Right
As Mother
1/6th of X
As wife
1/8th of X if she has any children
1/4th of X if she does not have any children
As Daughter
½ of brother’s share, if she has brothers
women having sisters
Sunni/Hanafi - 2/3rd of X is divided equally among themselves
Shia….total inheritance is equally divided among themselves
Women having no siblings
Sunni/Hanafi - 1/2 of X
Shia- All property (X)
X in above table means “all wealth of the deceased person after settlement of mortgages and loans”.
Shia Law:
In Pakistan, Shia law on inheritance is based on the principles of Islamic law, specifically the Shia interpretation of Islamic jurisprudence. The rules of inheritance for Shia Muslims are outlined in the Quran, the teachings of the Prophet Muhammad, and the rulings of Shia scholars.
Under Shia law, inheritance is divided among the deceased's heirs according to specific rules and guidelines. The heirs' shares are determined based on their relationship to the deceased, with different shares allocated to spouses, children, parents, and other relatives.
In Pakistan, Shia Muslims can choose to follow the rules of inheritance outlined in Islamic law or they can make a will (wasiyat) to distribute their property according to their wishes. However, the will cannot override the rules of inheritance for certain fixed shares that are prescribed by Islamic law.
Shia Muslims in Pakistan need to consult with a knowledgeable religious scholar or legal expert to ensure that they are following the correct rules of inheritance according to Shia law.
Under Shia law, inheritance is divided among the deceased's heirs according to specific rules and guidelines. The heirs' shares are determined based on their relationship to the deceased, with different shares allocated to spouses, children, parents, and other relatives.
In Pakistan, Shia Muslims can choose to follow the rules of inheritance outlined in Islamic law or they can make a will (wasiyat) to distribute their property according to their wishes. However, the will cannot override the rules of inheritance for certain fixed shares that are prescribed by Islamic law.
Shia Muslims in Pakistan need to consult with a knowledgeable religious scholar or legal expert to ensure that they are following the correct rules of inheritance according to Shia law.
Guidance issued by the International Conciliation and Arbitration Board:
His Highness Prince Aga Khan Shia Imami Ismaili International Conciliation and Arbitration Board (ICAB) in collaboration with the Institute of Ismaili Studies (IIS), has produced these Guidelines for Ethical Wealth Transfer and Inheritance Planning (“Guidelines”) to assist Ismaili murids to engage in ethical wealth transfer and inheritance planning. ISMAILIS, DASTUR IN HUNZA, BLOG
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