The division of property is, undoubtedly, a matter of serious discussion when discussing the laws. Islam has provided laws to govern the Muslim’s lifestyle. The purpose of these laws is to establish a relationship between God and humans. Moreover, the principal foundation for these laws is Qur’an and Prophetic Teachings.
The Concept Of Laws of Inheritance
Muslims have set regulations when it comes to dividing Mother’s property. Moreover, these laws differ following the circumstances based on the will of the deceased and debt obligations. An Islamic Wills solicitor will help you better understand these laws of inheritance according to your circumstances.
Laws of Inheritance in Qur’an
The Sharia’h Law that Muslims follow is based on the verses of Qur’an. Concerning the laws of inheritance, it is mentioned in Qur’an; Surah Nisa Verse 11 and Verse 12:
“Allah commands you regarding your children:
- The share of the male will be twice that of the female. If you leave only two ˹or more˺ females, their share is two-thirds of the estate. But if there is only one female, her share will be one-half. Each parent is entitled to one-sixth if you leave offspring. But if you are childless and your parents are the only heirs, then your mother will receive one-third. But if you leave siblings, then your mother will receive one-sixth4—after the fulfilment of bequests and debts.
˹Be fair to˺ your parents and children, as you do not ˹fully˺ know who is more beneficial to you. ˹This is˺ an obligation from Allah. Surely Allah is All-Knowing, All-Wise.”
- You will inherit half of what your wives leave if they are childless. But if they have children, then ˹your share is˺ one-fourth of the estate—after the fulfilment of bequests and debts.
- And your wives will inherit one-fourth of what you leave if you are childless. But if you have children, then your wives will receive one-eighth of your estate—after the fulfilment of bequests and debts.
- And if a man or a woman leaves neither parents nor children but only a brother or a sister ˹from their mother’s side˺, they will each inherit one-sixth, but if they are more than one, they ˹all˺ will share one-third of the estate—after the fulfilment of bequests and debts without harm ˹to the heirs˺.
˹This is˺ a commandment from Allah. And Allah is All-Knowing, Most Forbearing.
The Division of Mother’s Property
The division of the mother’s property is dependent on her debt obligations and will. However, if the mother has willed to deprive a legal heir of her property, then this part of the will shall not be fulfilled, according to the Shariah Law, as no one has the right to deprive the legal heirs of the legal share. Moreover, these laws are implemented based on circumstances. A woman leaving 2 sons versus a woman leaving 2 daughters will be entitled to different shariah rulings due to different circumstances.
