Muslim Inheritance Law

It is important to note key difference when Muslims speak of inheritance laws. In American Jurisprudence, we often think of inheritance law as everything that is owed by a descendant. In Islam this is not the case, under Islamic law a Muslim has power to distribute a third of their estate. Two thirds of their estate is distributed according to Shariah law. This is referred to in the Qur’an as “the will” in English and “Al-Wasiyyah” in Arabic.

The Qur’an states, “There is a share for men and a share for women what is left by parents and those nearest realted, whether, the property be small or large – legal share.[1]” From the beginning we can see there is an importance to Muslims that their family be taken care of when they are gone. But just as important to Muslims is there honesty. They desire to pay back that which they borrowed. The process for distributing a Muslim estate goes as follows:

1.      Pay the funeral and burial expenses (this is the same under most American jurisprudence)

2.      Pay the debts of the descendant

3.      Execute his Will (Max 1/3^rd of his estate)

4.      Distribute the remainder according to Shariah Law