❖ 4 Essential Stages in the Distribution of Inheritance in Islam
Excerpt taken from the book “Islami Qanoon-e-Wirasat” by Maulana Abu Nu’man Basheer Ahmad.
❖ Question:
When should the inheritance of a deceased person be distributed among the heirs?
❖ Answer:
Inheritance is not immediately distributed after a person’s death. It must go through three initial stages, and only upon reaching the fourth stage, it may be distributed among the heirs. These four stages are known as the rights attached to the estate, and must be fulfilled in the following order:
① Funeral Expenses (Kafan wa Dafn)
If there is no one to arrange the funeral of the deceased, the expenses for shrouding and burial shall be paid from the estate in a reasonable manner.
② Settlement of Debts
Any debts owed by the deceased—whether to people or to Allah—must be repaid, even if it consumes the entire estate.
The majority of scholars emphasize the importance of paying debts owed to Allah (such as unpaid Zakat, Hajj, expiation, vows, etc.).
A companion once asked the Prophet ﷺ:
"My mother passed away while she owed a month's worth of fasts. Should I fulfill it on her behalf?"
The Prophet ﷺ replied:
"Yes, Allah's debt is more deserving of being fulfilled."
(Sahih al-Bukhari – Kitab al-Jana’iz, Hadith: 1953)
❀ The Messenger of Allah ﷺ said:
"نفس المؤمن معلقة بدينه حتى يقضى عنه"
"The soul of a believer remains suspended due to his debt until it is settled on his behalf."
(Jami’ al-Tirmidhi – Kitab al-Jana’iz, Hadith: 1078, 1079; Musnad Ahmad 2/440, 508)
③ Execution of Valid Will (Wasiyyah)
Although the Qur’an mentions Wasiyyah before debt, this is merely to emphasize its importance. The Sunnah gives precedence to debt over Wasiyyah.
Hazrat Ali رضي الله عنه said:
“You read in the verse ‘after any will you may have made or debt’, but the Messenger of Allah ﷺ gave precedence to paying off debts before executing the will.”
(Jami’ al-Tirmidhi, Hadith: 2122)
Only valid wills should be executed. A valid will must fulfill the following three conditions:
➊ It should not exceed one-third of the estate, and it must be executed after debts are settled.
Hazrat Sa’d ibn Abi Waqqas رضي الله عنه once asked:
"May I give two-thirds of my wealth in charity?"
The Prophet ﷺ said: "No."
"Half?"
He said: "No."
"One-third?"
The Prophet ﷺ said: "Yes, one-third, but even one-third is a lot."
(Sahih al-Bukhari – Kitab Manaqib al-Ansar, Hadith: 3936; Sunan Abi Dawood – Kitab al-Wasaya, Hadith: 2864; Jami’ al-Tirmidhi – Kitab al-Wasaya, Hadith: 2120)
➋ A bequest must not be made in favor of legal heirs.
❀ The Prophet ﷺ said:
"إن الله قد أعطى كل ذي حق حقه فلا وصية لوارث"
"Indeed, Allah has given every rightful person his due, so there is no will for an heir."
(Sunan Abi Dawood – Kitab al-Buyoo’, Hadith: 3565; Jami’ al-Tirmidhi – Hadith: 2120)
➌ A will must not involve anything unlawful.
Allah ﷻ said:
"وَإِنْ جَاهَدَاكَ عَلَىٰ أَنْ تُشْرِكَ بِي..."
(Surah Luqman 31:15)
"And if they strive to make you associate with Me that of which you have no knowledge, then do not obey them."
❀ The Prophet ﷺ said:
"لا طاعة فى المعصية إنما الطاعة فى المعروف"
"There is no obedience in sin; obedience is only in that which is good."
(Sahih al-Bukhari – Kitab Akhbar al-Ahaad, Hadith: 7257)
④ Distribution Among Heirs
After fulfilling the above three rights, the remaining estate is to be distributed among the heirs according to their prescribed shares.
✔ The distribution should follow this order:
- First to the As-haab al-Furood (fixed share heirs)
- Then to the Asabah (residuary heirs)
- In the absence of the above, to the Dhawil Arham (extended family relatives)
⚠ Note:
If there are no legal heirs, the estate should be handed over to the Bayt al-Mal (Islamic treasury).
If a proper Bayt al-Mal system does not exist, according to the majority of scholars, the estate should be given to poor relatives of the deceased who are not eligible as legal heirs.
(And Allah knows best)
❖ Summary of the 4 Stages:
❀ ① Funeral arrangements
❀ ② Settlement of debts
❀ ③ Fulfillment of valid wills
❀ ④ Distribution among rightful heirs
