Ilmwell explains and attributes; we do not issue fatwas. This calculator is not a fatwa and not legal advice: it applies the rules of each school's named work to the family and figures you enter. For an actual estate, ask a scholar of inheritance and a solicitor.
This Islamic inheritance calculator shares an estate among the heirs by the fixed shares of the Quran and the rules of the four Sunni schools. It pays funeral costs and debts first, caps any bequest at a third, then gives each heir a fraction of the rest: al-Ikhtiyar (Hanafi), al-Risala and al-Kafi (Maliki), Minhaj al-Talibin (Shafi'i) and al-Rawd al-Murbi' (Hanbali). Nothing leaves your device.
How does the calculator work out the shares?
It follows the order the four works give, step by step.
- Costs and debts first. Funeral and burial costs come out of the estate first, then debts, in all four works 8 9 10 11.
- Then a bequest, up to a third. A bequest is paid from a third of what remains; more than that, or a bequest to an heir, needs the heirs' consent 8 9 10 11. The calculator caps the bequest at a third.
- Then the fixed shares. Spouses, parents, daughters, sisters and others named in the Quran take their fractions (the table below).
- Then the residuary heirs. What the fixed shares leave goes to the nearest male relative on the father's side and the women who take with him, a son taking twice a daughter 4 5 6 7.
- If the shares add up to more than the whole. All four works reduce every share in proportion (awl): a base of 6 can rise to 7, 8, 9 or 10, a base of 12 to 13, 15 or 17, and a base of 24 to 27 12 13 14 15.
- If something is left and there is no residuary heir. Here the schools differ (radd, below).
Which shares does the Quran fix?
Three verses of An-Nisa give the fractions: the children and parents in 4:11, the spouses and maternal siblings in 4:12, and brothers and sisters in 4:176 1 2 3.
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَـٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءً فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةً فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًا
۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَآ أَوْ دَيْنٍ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ ۚ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَآ أَوْ دَيْنٍ ۗ وَإِن كَانَ رَجُلٌ يُورَثُ كَلَـٰلَةً أَوِ ٱمْرَأَةٌ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ ۚ وَصِيَّةً مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌ
يَسْتَفْتُونَكَ قُلِ ٱللَّهُ يُفْتِيكُمْ فِى ٱلْكَلَـٰلَةِ ۚ إِنِ ٱمْرُؤٌا۟ هَلَكَ لَيْسَ لَهُۥ وَلَدٌ وَلَهُۥٓ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ ۚ وَهُوَ يَرِثُهَآ إِن لَّمْ يَكُن لَّهَا وَلَدٌ ۚ فَإِن كَانَتَا ٱثْنَتَيْنِ فَلَهُمَا ٱلثُّلُثَانِ مِمَّا تَرَكَ ۚ وَإِن كَانُوٓا۟ إِخْوَةً رِّجَالًا وَنِسَآءً فَلِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۗ يُبَيِّنُ ٱللَّهُ لَكُمْ أَن تَضِلُّوا۟ ۗ وَٱللَّهُ بِكُلِّ شَىْءٍ عَلِيمٌۢ
The four works agree on who takes each of the six fixed shares, and on the conditions 4 5 6 7:
| Share | Who takes it |
|---|---|
| A half | The husband when there is no child or son's child; one daughter; one son's daughter when there is no daughter; one full sister; one paternal half-sister when there is no full sister. |
| A quarter | The husband when there is a child or son's child; the wife, or wives together, when there is none. |
| An eighth | The wife, or wives together, when there is a child or son's child. |
| Two thirds | Two or more daughters; two or more son's daughters; two or more full sisters; two or more paternal half-sisters, in each case when no one nearer takes it. |
| A third | The mother when there is no child or son's child and fewer than two brothers or sisters; two or more maternal half-siblings, shared equally. |
| A sixth | The father, or the father's father, when there is a child; the mother when there is a child or two or more siblings; a grandmother, or two sharing it; son's daughters with one daughter; paternal half-sisters with one full sister; one maternal half-sibling. |
Women in these cases become residuary when a brother of the same kind is with them, and full or paternal sisters take the remainder when there are daughters but no son.
Where do the Hanafi, Maliki, Shafi'i and Hanbali schools differ?
In a few cases. When one of them applies to the family you enter, the result says so and the comparison table marks the rows that change.
The grandfather with brothers and sisters
- Hanafi: al-Ikhtiyar gives Abu Hanifa's view, which it calls the chosen one: the father's father stands in the father's place and excludes full and paternal brothers and sisters. Abu Yusuf and Muhammad follow Zayd ibn Thabit's sharing instead 20. The calculator follows the view al-Ikhtiyar calls chosen.
- Maliki, Shafi'i and Hanbali: he shares with them. Alone with them he takes whichever is more of an equal brother's share or a third; with sharers, whichever is most of a brother's share, a third of what remains, or a sixth of the whole. Paternal half-siblings are counted against him and then give way to full siblings (al-mu'adda), and the akdariyya is its own case 21 22 23.
What is left over when there is no residuary heir (radd)
- Hanafi and Hanbali: it goes back to the sharers in proportion to their shares, never to a husband or wife 16 19.
- Maliki: it does not go back to anyone; it goes to the public treasury (bayt al-mal) 17. The calculator shows it as left over.
- Shafi'i: the school's base position sends it to the treasury. The later scholars gave fatwa that, when the treasury is not properly run, it goes back to the sharers other than the spouses 18. The calculator follows the later fatwa and says so in the result.
The shared case (al-mushtaraka)
A husband, a mother, two or more maternal half-siblings and full brothers: the fixed shares use up the estate before the full brothers.
- Hanafi and Hanbali: the full brothers get nothing 24 27.
- Maliki: the full brothers, with any full sisters, share the maternal siblings' third equally, male and female alike. With only full sisters it is not this case, and they take their share by awl; with one maternal sibling it is not this case either 25.
- Shafi'i: the full brother shares the maternal siblings' third; a paternal half-brother in his place does not 26. Minhaj does not say how the third is split, so the calculator splits it equally, as al-Kafi does.
The father's mother when the father is alive
- Hanafi, Maliki and Shafi'i: the father excludes his own mother 4 5 6.
- Hanbali: al-Rawd al-Murbi' lets the father's mother inherit with the father 7.
When none of the listed heirs survives
- Hanafi and Hanbali: more distant relatives (dhawu al-arham), such as a daughter's children or a sister's children, inherit after the return to the sharers 32 35.
- Maliki: they never inherit; the estate goes to the treasury 33.
- Shafi'i: the base position gives them nothing; the later fatwa, when the treasury is not properly run, lets them inherit after the return to the sharers 34.
The calculator says when distant relatives would inherit but does not work out their shares.
Which worked examples from the classical manuals does it match?
The calculator has been tested against the worked examples printed in the four works that fall within what it covers, and it gives the printed result for each. A few of the best known:
- The minbariyya. A wife, both parents and two daughters: a base of 24 rises to 27. The wife takes 3 of 27, each parent 4 and the two daughters 16. All four works print it 12 13 14 15.
- The two 'Umariyyatan. A husband and both parents: the mother takes a third of what is left after the husband, which is a sixth of the estate, and the father a third. A wife and both parents: the mother takes a quarter and the father a half 28 29 30 31.
- The akdariyya. A husband, a mother, the father's father and one sister: al-Kafi and al-Rawd al-Murbi' end at 27 shares, the husband 9, the mother 6, the grandfather 8 and the sister 4 21 23. Under the Hanafi view the calculator follows, the grandfather excludes the sister, so it shows a half, a third and a sixth.
- Ninety dinars. Al-Rawd al-Murbi' divides 90 dinars among a husband, both parents and two daughters on a base of 15: the husband 18 dinars, each parent 12 and each daughter 24 15. Enter £90 and the same family to see it.
Who cannot inherit?
All four works agree that a Muslim and a non-Muslim do not inherit from each other, and they bar a killer and a slave, with differences of detail on killing 36 37 38 39. Al-Ikhtiyar bars direct killing without right, deliberate or by mistake; al-Kafi bars a deliberate killer fully and an accidental one only from the blood money; al-Rawd al-Murbi' bars any killing without right that brings retaliation, blood money or expiation; Minhaj bars the killer, with a minority view that one not liable for the killing inherits 36 37 38 39.
The calculator assumes that none of these applies to anyone you enter. If one might, ask a scholar before relying on any figure.
Does UK law divide an estate by these shares?
Not on its own. GOV.UK's guide to making a will says, "If you die without a will, the law decides who gets what", and that Scotland and Northern Ireland have different rules 40. Ask a solicitor whether and how a will can set out these shares where you live.
What does the calculator leave out?
It does not work out shares for distant relatives (dhawu al-arham), great-grandchildren below a son's son, or grandmothers beyond the father's mother and the mother's mother, whom some works also name. It does not cover an unborn child, a missing person, relatives who die together, the tie to a freed slave (wala'), gifts made in life, consent to a bequest beyond a third, or anyone barred by killing or religion. On debts tied to a particular item, such as a pledge, al-Ikhtiyar and Minhaj pay them even before the funeral, while al-Rawd al-Murbi' pays the funeral first 8 10 11; the calculator takes funeral costs, then all debts. For any of these, ask a scholar of inheritance.
Questions people ask
Which school should I choose in the calculator?
Choose the school you follow, or the one a scholar you trust tells you to use for this estate. Ilmwell does not choose between the schools. The table under the result shows the same family in all four, so you can see whether the choice changes anything.
Does a son really get twice a daughter's share?
An-Nisa 4:11 gives the male among the children "the equivalent of the portion of two females", and An-Nisa 4:176 says the same of brothers and sisters together. The calculator applies it to sons and daughters, son's sons and son's daughters, and brothers and sisters of the same kind. Maternal half-brothers and half-sisters share equally, as all four works state.
Can I leave more than a third of my estate in a bequest?
All four works limit a bequest (wasiyyah) to a third of what is left after funeral costs and debts. A bequest beyond a third, or to someone who is already an heir, needs the heirs' consent. Three of the works count that consent after the death; al-Kafi (Maliki) also holds an heir to consent given when asked during the final illness. The calculator caps the bequest at a third and does not handle consent.
Do adopted children or stepchildren inherit?
The heirs the four works name are relatives by blood, spouses, and the person who freed a slave. An adopted child or a stepchild is not among them, so the calculator does not ask about them. A bequest within the third is how the works let a person leave something to someone who is not an heir.
Does UK law divide an estate by these shares?
Not on its own. GOV.UK says that if you die without a will, the law decides who gets what, and that Scotland and Northern Ireland have different rules. Ask a solicitor whether and how a will can set out these shares where you live.
Is anything I type stored or sent?
No. Every share is worked out on your device and nothing is sent or saved. Closing the page clears it.
Sources
Every claim on this page comes from one of these. We report each school's position from its own named work without choosing between them.
- 1
An-Nisa 4:11: the male the portion of two females among children; daughters two-thirds or a half; each parent a sixth with a child; the mother a third, or a sixth with brethren; after any bequest or debt.
An-Nisa 4:11, Tanzil text and adapted Pickthall Record: quran-4-11.
- 2
An-Nisa 4:12: the husband a half, or a fourth with a child; the wives a fourth, or an eighth with a child; a maternal brother or sister a sixth, more than one share a third; after any bequest or debt.
An-Nisa 4:12, Tanzil text and adapted Pickthall Record: quran-4-12.
- 3
An-Nisa 4:176: one sister of a man who dies childless takes half, two sisters two-thirds, and brothers with sisters share with the male taking two females' portion.
An-Nisa 4:176, Tanzil text and adapted Pickthall Record: quran-4-176.
- 4
Al-Mawsili, in al-Ikhtiyar (Hanafi), lists the twelve fixed sharers with their fractions and conditions, the residuary heirs in their order, the order of all claimants on the estate, and who blocks whom.
al-Mawsili, al-Ikhtiyar 5/86 to 96 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-core-hanafi.
- 5
Ibn Abi Zayd in al-Risala and Ibn 'Abd al-Barr in al-Kafi (Maliki) list ten male and seven female heirs, the fixed shares with their conditions, the residuaries in order, and the blocking rules, with only two grandmothers inheriting.
Ibn Abi Zayd, al-Risala pp. 137 to 144; Ibn 'Abd al-Barr, al-Kafi 2/1054 to 1067 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-core-maliki.
- 6
Al-Nawawi, in Minhaj al-Talibin (Shafi'i), lists the agreed heirs, the six fixed shares and who takes each, the residuaries, and who blocks whom.
al-Nawawi, Minhaj al-Talibin pp. 180 to 184 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-core-shafii.
- 7
Al-Buhuti, in al-Rawd al-Murbi' (Hanbali), lists the agreed heirs, the ten classes of fixed sharers with their fractions and conditions, the residuaries in order, and the blocking rules, with three grandmothers inheriting and the father's mother inheriting with the father.
al-Buhuti, al-Rawd al-Murbi' pp. 480 to 488 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-core-hanbali.
- 8
Al-Mawsili, in al-Ikhtiyar (Hanafi), pays from the estate first the funeral and burial, then debts, then bequests from one third, then divides the rest among the heirs; bequests beyond a third or to an heir need the heirs' consent after the death.
al-Mawsili, al-Ikhtiyar 5/63 and 5/85 to 86 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-estate-order-hanafi.
- 9
Ibn 'Abd al-Barr, in al-Kafi (Maliki), pays from the estate the shroud and burial at a moderate level, then debts, then bequests up to one third, then the heirs' shares; a bequest to an heir is returned unless the heirs consent after the death.
Ibn 'Abd al-Barr, al-Kafi 2/1023 to 1025 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-estate-order-maliki.
- 10
Al-Nawawi, in Minhaj al-Talibin (Shafi'i), pays from the estate the funeral costs, then debts, then bequests from a third of what is left, then the heirs; rights attached to a specific item come first; a bequest to an heir needs the other heirs' consent.
al-Nawawi, Minhaj al-Talibin pp. 180 and 189 to 190 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-estate-order-shafii.
- 11
Al-Buhuti (Hanbali), in Kashshaf al-Qina' and al-Rawd al-Murbi', pays from the estate first the shroud and burial costs, even before a secured debt, then all debts, then bequests from one third, then the heirs; a bequest beyond a third or to an heir needs the heirs' consent after the death.
al-Buhuti, Kashshaf al-Qina' 10/330 to 331; al-Rawd al-Murbi' Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-estate-order-hanbali.
- 12
Al-Mawsili, in al-Ikhtiyar (Hanafi), applies proportional increase of the base (awl) when shares exceed the estate, lists which bases increase and to what, and works the minbariyya (24 to 27) and other cases.
al-Mawsili, al-Ikhtiyar 5/95 to 98 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-awl-hanafi.
- 13
Al-Risala and al-Kafi (Maliki) reduce all sharers in proportion when their shares exceed the estate (awl), and al-Kafi works the minbariyya (wife, both parents, two daughters) from 24 to 27.
al-Risala pp. 142 and 145; al-Kafi 2/1055, 2/1061 and 2/1065 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-awl-maliki.
- 14
Al-Nawawi, in Minhaj al-Talibin (Shafi'i), lists seven bases, of which 6 increases to 7, 8, 9 or 10, 12 to 13, 15 or 17, and 24 to 27 (two daughters, both parents and a wife), with an example for each.
al-Nawawi, Minhaj al-Talibin pp. 185 to 187 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-awl-shafii.
- 15
Al-Buhuti, in al-Rawd al-Murbi' (Hanbali), lists seven bases, of which 6 increases up to 10, 12 up to 17 (odd numbers) and 24 once to 27 (the minbariyya), and works an increased case down to dinars.
al-Buhuti, al-Rawd al-Murbi' pp. 489 to 491 and 493 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-awl-hanbali.
- 16
Al-Mawsili, in al-Ikhtiyar (Hanafi), returns a surplus to the fixed sharers in proportion to their shares when there is no residuary, but never to the husband or wife, and gives the method and worked cases.
al-Mawsili, al-Ikhtiyar 5/86 and 5/99 to 100 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-radd-hanafi.
- 17
Al-Kafi (Maliki) sends a surplus over the fixed shares, when there is no residuary or emancipator, to the Muslim treasury when it is properly run, and returns nothing to any sharer.
Ibn 'Abd al-Barr, al-Kafi 2/1044, 2/1051 and 2/1064; al-Risala p. 145 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-radd-maliki.
- 18
Al-Nawawi, in Minhaj al-Talibin (Shafi'i), gives the school's base position that a surplus goes to the treasury, not back to the sharers, and the later scholars' fatwa that when the treasury is not properly ordered it returns to the sharers other than the spouses, in proportion.
al-Nawawi, Minhaj al-Talibin pp. 180 to 181 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-radd-shafii.
- 19
Al-Buhuti, in al-Rawd al-Murbi' (Hanbali), returns a surplus to the fixed sharers in proportion to their shares when there is no residuary, but not to the husband or wife, and gives the method with worked bases.
al-Buhuti, al-Rawd al-Murbi' pp. 487 and 490 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-radd-hanbali.
- 20
Al-Mawsili, in al-Ikhtiyar (Hanafi), gives Abu Hanifa's view that the paternal grandfather excludes full and paternal siblings as the father does, marks it as the chosen view, and sets out Zayd ibn Thabit's sharing rules, which Abu Yusuf and Muhammad follow, including the akdariyya.
al-Mawsili, al-Ikhtiyar 5/95 and 5/101 to 103 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-grandfather-siblings-hanafi.
- 21
Al-Risala and al-Kafi (Maliki), following Zayd ibn Thabit, have the paternal grandfather share with full or paternal siblings: alone with them, the better of sharing and one third; with sharers, the best of one sixth, one third of the remainder or sharing; the akdariyya (al-gharra') solved at 27.
al-Risala pp. 144 to 146; al-Kafi 2/1059 to 1062 and 2/1066 to 1067 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-grandfather-siblings-maliki.
- 22
Al-Nawawi, in Minhaj al-Talibin (Shafi'i), has the paternal grandfather share with full or paternal siblings: without a sharer the better of one third or sharing; with a sharer the best of one sixth of the estate, one third of the remainder or sharing; with the akdariyya as the one case where a sister gets a fixed share.
al-Nawawi, Minhaj al-Talibin pp. 181 and 183 to 185 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-grandfather-siblings-shafii.
- 23
Al-Buhuti, in al-Rawd al-Murbi' (Hanbali), following Zayd ibn Thabit, has the paternal grandfather share with full or paternal siblings as a brother unless sharing gives him less than one third; with sharers he takes the best of sharing, one third of the remainder or one sixth of the whole; the akdariyya is solved at 27.
al-Buhuti, al-Rawd al-Murbi' pp. 481 to 482 and 486 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-grandfather-siblings-hanbali.
- 24
Al-Mawsili, in al-Ikhtiyar (Hanafi), gives the mushtaraka (husband, mother or grandmother, two maternal siblings and full siblings) to the sharers only: the full siblings get nothing.
al-Mawsili, al-Ikhtiyar 5/127 to 128 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-mushtaraka-hanafi.
- 25
Al-Risala and al-Kafi (Maliki) let full brothers (with or without full sisters) share equally in the maternal siblings' third in the mushtaraka (husband, mother, two or more maternal siblings, full siblings), but not paternal brothers.
al-Risala pp. 141 to 142; al-Kafi 2/1058 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-mushtaraka-maliki.
- 26
Al-Nawawi, in Minhaj al-Talibin (Shafi'i), has the full brother share the mother's children's third in the mushtaraka (husband, mother, mother's children and a full brother); a paternal brother in his place gets nothing.
al-Nawawi, Minhaj al-Talibin pp. 183 to 184 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-mushtaraka-shafii.
- 27
Al-Buhuti, in al-Rawd al-Murbi' (Hanbali), gives the himariyya (mushtaraka: husband, mother, maternal siblings, full siblings) to the sharers only: the full siblings fall because the shares exhaust the estate.
al-Buhuti, al-Rawd al-Murbi' p. 488 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-mushtaraka-hanbali.
- 28
Al-Mawsili, in al-Ikhtiyar (Hanafi), gives the mother one third of what remains after the spouse in the two 'Umariyyatan (spouse and both parents), which is 1/6 with a husband and 1/4 with a wife, and a full third if a grandfather replaces the father.
al-Mawsili, al-Ikhtiyar 5/90 and 5/101 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-umariyyatan-hanafi.
- 29
Al-Risala and al-Kafi (Maliki) give the mother one third of what remains after the spouse when the heirs are a spouse and both parents, the father taking two thirds of that remainder; with a grandfather in the father's place she takes a full third.
al-Risala p. 138; al-Kafi 2/1054 to 1055 and 2/1059 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-umariyyatan-maliki.
- 30
Al-Nawawi, in Minhaj al-Talibin (Shafi'i), gives the mother one third of what remains after the husband or wife when the heirs are a spouse and both parents; a grandfather in the father's place does not reduce her so.
al-Nawawi, Minhaj al-Talibin p. 183 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-umariyyatan-shafii.
- 31
Al-Buhuti, in al-Rawd al-Murbi' (Hanbali), gives the mother one third of the remainder after the spouse in the two 'Umariyyatan: 1/6 with husband and both parents, 1/4 with wife and both parents, the father taking twice hers.
al-Buhuti, al-Rawd al-Murbi' p. 483 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-umariyyatan-hanbali.
- 32
Al-Mawsili, in al-Ikhtiyar (Hanafi), makes distant kindred (dhawu al-arham) heirs when there is no sharer to take by return and no residuary, before the treasury, in four classes.
al-Mawsili, al-Ikhtiyar 5/86 and 5/105 to 106 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-distant-kindred-hanafi.
- 33
Al-Risala and al-Kafi (Maliki) give distant kindred (relatives with no fixed share in the Book and who are not residuaries) nothing; with no heir or patron the estate goes to the treasury.
al-Risala pp. 142 and 145; al-Kafi 2/1053 to 1054 and 2/1064 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-distant-kindred-maliki.
- 34
Al-Nawawi, in Minhaj al-Talibin (Shafi'i), says the school's base position gives distant kindred nothing and the estate goes to the treasury, while the later scholars' fatwa, when the treasury is not in order, gives it to them after return to the sharers.
al-Nawawi, Minhaj al-Talibin pp. 180 to 181 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-distant-kindred-shafii.
- 35
Al-Buhuti (Hanbali), in al-Rawd al-Murbi' and Kashshaf al-Qina', makes womb relatives heirs when there is no residuary and no sharer other than a spouse, after return to the sharers, by putting each in the place of the heir through whom he is related; a spouse takes a full share with them.
al-Buhuti, al-Rawd al-Murbi' pp. 487 and 494 to 496; Kashshaf al-Qina' Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-distant-kindred-hanbali.
- 36
Al-Mawsili, in al-Ikhtiyar (Hanafi), names four impediments: slavery, killing, difference of religion and, in law, difference of domain; a killer by direct act without right is barred whether the killing was deliberate or accidental.
al-Mawsili, al-Ikhtiyar 5/86, 5/95 and 5/115 to 116 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-impediments-hanafi.
- 37
Al-Risala and al-Kafi (Maliki) bar slavery (any remaining part), difference of religion (including between non-Muslim religions) and deliberate killing; an accidental killer inherits from the property but not from the blood money.
al-Kafi 2/1043 to 1044 and 2/1049 to 1050; al-Risala Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-impediments-maliki.
- 38
Al-Nawawi, in Minhaj al-Talibin (Shafi'i), bars inheritance between a Muslim and a non-Muslim, by and from an apostate, by anyone partly slave, and by a killer.
al-Nawawi, Minhaj al-Talibin p. 185 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-impediments-shafii.
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Al-Buhuti, in al-Rawd al-Murbi' (Hanbali), bars difference of religion (with exceptions for wala' and conversion before division), killing without right that brings retaliation, blood money or expiation, by a child or adult alike, and slavery, with a part-free person inheriting in proportion.
al-Buhuti, al-Rawd al-Murbi' pp. 486 and 499 to 502 Read on shamela.ws on 3 November 2026. Record: scholarly-inheritance-impediments-hanbali.
- 40
GOV.UK's guide Making a will says that if you die without a will, the law decides who gets what, and that there are different rules for Scotland and Northern Ireland.
GOV.UK, Making a will Read on the publisher's own site on 4 November 2026. Record: data-govuk-make-will.