Dear Hadi,
Dear Reader,
Thanks very much for your question. As you note, verses 11 and 12 of Sura Al Nisa provides the foundational rules of Islamic inheritance. These verses are very detailed, and we advise using an inheritance calculator. Also, because the verses lay down mathematical fractions, it would seem that the situation is open and shut. However, as we will see, it is very complex, and there are many differences of opinion among the various schools of thought, particularly among the Sunni and Shia perspectives.
This answer will be long and detailed, because of the complexity of the question, so please bear with us if you are interested in this topic.
The general principles in Islamic inheritance are the following:
Sons receive double the share of daughters
There is a share of inheritance for spouses, and the spouses’ share drops if the deceased has children
Parents always inherit, though the share changes based on whether the deceased has children
We’ll provide a detailed numerical breakdown of those principles (as enunciated in verses 11 and 12 of surat al Nisa) here and then add a few thoughts afterwards.
Parents’ Inheritance:
- If the deceased leaves behind both children and parents, each parent receives one-sixth of the estate.
- If the deceased has no children, but leaves behind parents, the mother receives one-third of the estate if the deceased also had no siblings, but if there are siblings left behind, the mother’s share is reduced to one-sixth.
Spouse’s Inheritance
Husband’s share:
- If the wife dies without children, her husband receives one-half of her estate.
- If she has children, the husband’s share is reduced to one-fourth
Wife’s share:
- If the husband dies without children, the wife receives one-fourth of his estate.
- If he has children, the wife’s share is reduced to one-eighth.
Children’s Inheritance:
- If the deceased has left both sons and daughters, then the sons receive double the shares of the daughters.
- If the deceased has left only daughters, the inheritance depends on whether there is one or more daughters. If only one, she receives one-half of the estate; if there are two or more daughters, then together, they receive two-thirds of the estate.
Siblings’ shares:
If the deceased leaves behind neither children nor parents:
- but only one sibling, then the sibling receives one-sixth of the estate
- two or more siblings would share one-third of the estate equally (no differentiation between male and female here.
We have to stress that here we are summarizing the rules founds in verses 11 and 12 (as you asked). However, the issue of the deceased leaving behind neither children nor parents, but having siblings is also addressed in verse 176, which states that if a man dies, leaving behind only one sister, then she gets one-half; if he leaves behind two sisters, they share two-thirds; if he leaves behind both brothers and sisters, they will share the estate with the brothers getting twice the share of the sisters. For completeness, we note that the verse also says that if a woman dies and leaves only a brother, he inherits the estate. However, the point we wish to focus on here is that both verse 12 and verse 176 deal with the subject of kalalah (someone dying with neither parents or children left behind), and seem to give different shares. The Quranic scholars have elucidated on several grounds that the siblings referenced in verse 12 are only maternal siblings, while those mentioned in verse 176 are either full or paternal siblings.
Examples
Using the various rules outlined above for parents, children, and spouses, let’s take a look at a couple of routine examples to see these rules in action:
Example 1:
Man dies leaving a wife, one son and one daughter:
Step 1: Fixed Shares
Wife gets 1/8 (because the deceased has children)
Step 2: Remaining estate:
1 - 1/8 = 7/8
Step 3: Distribute 7/8 among son and daughter, with the son getting double the daughter:
Let’s break 7/8 into 3 parts (2 for son, 1 for daughter):
Son: (2/3) × 7/8 = 14/24
Daughter: (1/3) × 7/8 = 7/24
Final distribution:
Wife: 3/24
Son: 14/24
Daughter: 7/24
Example 2:
Woman dies leaving a husband, a mother, a father and no children:
Step 1: Fixed Shares
Husband: 1/2
Mother: 1/3
Step 2: Total so far:
1/2 + 1/3 = 5/6
Step 3:
Remaining: 1/6 to Father
Final distribution:
Husband: 1/2
Mother: 1/3
Father: 1/6
Important Notes
General Purport
We believe, and God knows best, that the general purport of these verses was to secure to various family members a rightful share of inheritance. Specifically, these verses secured for women the right to inherit where it previously did not exist. Similarly, these verses stopped the practice of simply leaving all of one’s estate to the eldest son, thus leaving no provision for other children (male or female) or for spouses, or parents.
Bequests & Debts
It is very important to keep in mind that these verses make it clear that these shares are to be distributed after any bequests made or debts incurred have been settled. Generally, up to one-third of an individual’s estate can be used for the making of bequests, leaving two-thirds to be distributed in accordance with the shares outlined above.
Shares of Sons & Daughters
With regard to sons receiving double the inheritance as daughters, prevailing Islamic thought explains this difference in inheritance between sons and daughters is due to the differing financial obligations traditionally placed upon men, namely the responsibility for providing for their wife, children, and parents, whereas women were not obligated to spend their inheritance on the maintenance of others. Many Muslims nowadays, especially those living in the West, find that this framework of traditional financial obligations doesn’t really apply well to their lives, due to a variety of economic and social changes in modern societies. As a result, some Muslims have taken steps, during their lifetime, to either provide additional financial support for their daughters or have discussed these financial obligations with their sons who have agreed to forego the doubling of their inheritance shares to better provide for their sisters.
Ratios vs Fixed Percentages
It is critical to keep in mind that the fractions stated in the Quran refer to the ratios of the inheritance among inheritors. This is different than fixed percentages allotted to individuals. Failing to understand this can lead to confusion and concern.
To better explain this, let’s look at one particular example that is frequently noted online:
Let’s say a man dies and leaves behind a wife, two daughters and both his parents.
In this scenario, the ratio of shares is 1/8 for the wife (because there are children), 2/3 for the daughters to share, 1/6 for the man’s mother (because of children), and 1/6 for his father (because of children).
Adding these fractions together, one arrives at 1 and 1/8 (27/24), instead of just 1. This would create an insurmountable problem if these fractions were read as requiring a fixed percentage to be distributed.
The fact that this mathematical problem can exist is often a shock to Muslims. However, the problem was well known to early jurists, and is solved differently by the Sunni and Shi’a schools of thought.
It is instructive to go through the thinking of both schools, because it is a good example of the richness of Islamic law and the diversity of opinions which exists.
Sunni Approach:
In Sunni thinking, the understanding is that the fractions in the Quran are not always meant to represent fixed percentages of the estate, but are meant to instead represent ratios between inheritors. When the situations are routine, as in the first examples we presented, the fractions can be taken as percentages, and the estate is easily distributed.
However, if the estate is “oversubscribed” (in other words, the Quranic fractions sum to more than 1), then the Quranic guidance is taken to represent the ratios between the inheritors, and the shares are adjusted mathematically by a process known as ‘awl (which literally means “increase”). This is recognized and accepted by the four Sunni schools of thought.
Let us show how it works in the example above. Originally, the shares break down as follows:
Wife 3/24 (which is the 1/8 from above)
Daughters 16/24 (which is the same as 2/3)
Mother 4/24 (which is the same as 1/6)
Father 4/24 (which is the same as 1/6)
When these are summed, they give 27/24, so the estate is “oversubscribed.” Thus, all shares are reduced proportionally, to maintain the Quranic ratios. This is done by multiplying each share by 24/27, or more easily, by simply making the denominator 27 instead of 24.
The new shares would thus be:
Wife 3/27
Daughters 16/27 (each daughter getting 8/27)
Mother 4/27
Father 4/27
These now sum to 27/27, and the estate is divided. The percentages to each person have changed. For example, the wife now gets 3/27 = 1/9, instead of 1/8 as mentioned in the Quran, but the ratios between the inheritors remains as the Quran stipulated.
Shia Approach
The Shia school of thought does not accept the concept of ‘awl. Shia scholars, drawing on Quranic verses, traditions from Ahl al-Bayt, and the teachings of Ali (RA) and his circle, assert that it's theologically impossible for Allah to decree shares that cannot be honored directly. To them, this would imply contradiction in divine legislation, a position they reject as untenable. As narrated from Ali, referencing Ibn ‘Abbās: “He Who can count the number of sand grains ... surely knows that the number of shares does not exceed six.”
Rather, they view certain heirs as key inheritors with outlined fixed shares, namely spouses and parents and others sharing the remainder of the estate. After those fixed shares are given to spouses and parents, the remainder of the estate gets divided among the children. If there are sons and daughters, the sons get double the daughters. Bear in mind, when there are sons and daughters together, no fixed share has been allotted to them – only that the sons get double the daughters. If there are only daughters, the excess comes out of their share. In both cases, it is the share of the children which is reduced after the fixed shares as prescribed in the Quran go to spouses and parents.
So, in the example above, the wife would receive 1/8 of the estate, each parent would receive 1/6 and the two daughters would receive the remainder which would be less than the 2/3 noted in the verse.
From the Shia perspective (particularly Ja‘farī / Imāmī fiqh), ‘awl is rejected because attributing an error or mathematical defect to divine commandments is theologically untenable. Instead, inheritance is structured so that fixed Quranic shares are honored for key heirs, and any necessary adjustment is accommodated by reducing only those shares designated as 'variable' (like daughters' collective share, or sons and daughters sharing in a 2:1 ratio without fixed shares designated). This approach underscores both the sanctity of the text and the jurisprudential integrity of Ahl al-Bayt tradition.
There is also a potential for the opposite problem, when the estate is undersubscribed. In other words, when the Quranic ratios sum to less than 1. There is likewise a significant difference of opinion in Sunni and Shia jurisprudence. We will not explore this issue in detail, but will make the following important comments. In the Sunni school, this problem is handled via a process called Ta’sīb – this is a is a rule in Sunni inheritance law where, after fixed Qurannic shares are distributed, the remaining estate goes to the agnatic (male) relatives—called ʿaṣabah (plural of ʿāṣib). This includes sons, brothers, paternal uncles, etc. The rules of ‘asabah are very complex. The bottom line, though, is that the nearest male relative inherits the remainder of an undersubscribed estate. The justification of this is based on Prophetic hadith: “Give the shares to those entitled, and the remainder to the nearest male agnate” (Bukhari, Muslim).
However, the Shia reject this Hadith as solitary (āḥād) and inconsistent with Quranic structure. Shia scholars assert that Quran 4:11–12, 176 outlines all legitimate heirs and their shares explicitly, both males and females. Since these verses do not mention Taʿṣīb, they see the Quran as self-sufficient in regulating inheritance, and that there is no need to defer to speculative or solitary hadith that appears to contradict this framework. They also cite significant theological and ethical concerns, mainly that Taʿṣīb creates outcomes that contradict Quranic equity, especially in favoring distant male relatives over close female ones. For example, a distant male cousin may inherit rather than leaving the remainder of the estate to daughters. In Shia theology, in cases where there is residue after distributing fixed shares, the remainder is returned (radd) to the same heirs proportionally, including women. There are many further details, such as that the spouse is not entitled to an excess portion even if there is residue unless there are no other heirs.
However, as we said, we are not trying to give an exhaustive analysis, but to cover the important basic principles of a very complex topic, and to show first that problematic cases can exist, even when the issue seems specified with mathematical precision, and secondly, that different Islamic schools of thought have taken very different approaches to these problematic cases.
In peace.