In many families, inheritance is a source of disputes, sometimes for years. Islam sought to prevent this: the main shares are not left to people's choice, Allah has fixed them in the Quran, in three verses of Surah An-Nisa.
Women have their share
Before Islam, in Arabia, women and children often inherited nothing. The Quran established the principle:
لِّلرِّجَالِ نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ وَلِلنِّسَاءِ نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ
« To men is a share of what parents and close relatives leave, and to women is a share of what parents and close relatives leave. » (meaning of the verse, An-Nisa 4:7)
Children and parents (4:11)
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ
« Allah instructs you concerning your children: for the male, a share equal to that of two females. » (meaning of the verse, An-Nisa 4:11)
The same verse specifies:
- a single daughter, with no brother, receives half ;
- two or more daughters, with no brother, share two-thirds ;
- with one or more sons, the children take what remains, the son receiving double the share of the daughter;
- the father and the mother each receive one sixth if the deceased has children;
- without children, the mother receives one third, and the father receives the rest; if the deceased has siblings, the mother receives one sixth.
The verse adds: all of this comes "after execution of the will or payment of a debt".
Why does the son receive double? Scholars explain that in Islam the man bears the financial responsibility of the family: the dowry, housing, food for his wife and children, sometimes for his parents. The woman, for her part, keeps what she inherits for herself alone, with no obligation to spend on the household.
The spouses (4:12)
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ
"To you belongs half of what your wives leave, if they have no child." (meaning of the verse, An-Nisa 4:12)
- The husband receives half if his wife has no child, one quarter if she has one.
- The wife receives one quarter if his wife has no child, an eighth if he has one. If there are several wives, they share this quarter or this eighth.
The same verse speaks of maternal brothers and sisters (of the same mother) of a person with no parent or child: a single one receives a sixth, several share a third, in equal parts.
Siblings (4:176)
The last verse of the surah deals with the person who dies leaving neither father nor child (kalala) : a sister receives half, two sisters two-thirds; if there are brothers and sisters, the brother receives double the share of the sister.
Then come the warnings: « These are the limits of Allah » (4:13-14).
The remainder, to the closest relative
The Prophet ﷺ specified the order: « Give the prescribed shares to those entitled to them; what remains goes to the closest male relative » (Sahih al-Bukhari, no. 6732; Sahih Muslim, no. 1615). This is the share of the'asaba : the son, failing him the father, then the brother, and so on.
A numerical example
A man passes away. After funeral expenses and his debts, there remains 7 200 000 FCFA. He leaves his wife, his mother, his father, a son and a daughter.
| Heir | Share | Amount |
|---|---|---|
| Wife | 1/8 (if he has children) | 900,000 FCFA |
| Mother | 1/6 (if he has children) | 1,200,000 FCFA |
| Father | 1/6 (if he has children) | 1,200,000 FCFA |
| Son and daughter | the remainder, 3,900,000 FCFA, the son receiving twice the daughter's share | son 2,600,000 FCFA, daughter 1,300,000 FCFA |
This case is simple. It only takes one heir to be missing or added (no son, a brother, a second wife, a grandson whose father has died) for the calculation to change entirely.
Before the division
We settle first, in this order:
- the funeral expenses ;
- the debts of the deceased, including any unpaid zakat;
- the will, if there is one, up to a third.
The will: a third at most, and not for an heir
Sa'd ibn Abi Waqqas, while ill, wished to bequeath nearly all of his wealth. The Prophet ﷺ said to him: « A third, and a third is a lot. It is better to leave your heirs wealthy than to leave them in need » (Sahih al-Bukhari, no. 2742; Sahih Muslim, no. 1628).
And: « No will in favor of an heir » (Sunan Abi Dawud, no. 2870; Jami' at-Tirmidhi, no. 2120). The will serves to do good beyond the fixed shares: a non-heir relative, an orphaned grandchild, a mosque, a waqf.
What Ivorian law says
In Côte d'Ivoire, inheritance is governed by the law no. 2019-573 of 26 June 2019 on successions, a civil law that does not follow the shares of the Quran. It notably improves the place of the surviving spouse.
For a Muslim family, this calls for being forward-looking : preparing in advance, with a notary and an imam, the documents that make it possible to respect both the law and the shares set by Allah, and to encourage an amicable division among heirs who agree on the Islamic rule.
Why consult
The science of inheritance ('ilm al-fara'id) is a discipline in its own right: cases of insufficiency ('awl), excess (radd), heirs who exclude others, grandchildren, multiple wives. A mistake can wrong an heir for generations. Never divide an inheritance without the advice of a qualified scholar of fara'id and a notary.