Inheritance1

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Asset Distribution Among The Qualified Heirs Based on Islamic Inheritance
Law
Chapter · December 2017
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Asset Distribution Among The Qualified Heirs Based on
Islamic Inheritance Law
Siti Fatimah Abdul Rahman 1* , Abdul Malek Yaakob 2 , Ahmad Adnan Fadzil 3 , Muhammad
Firdaus Shaban 1
1 Depertment of Mathematics and Statistics, FSKM, Universiti Teknologi MARA Perlis Branch,
02600 Arau, Perlis, Malaysia
* sitifatimah471@perlis.uitm.edu.my
firdaus.shaban@petrofac.com
2 School of Quantitative Sciences, Universiti Utara Malaysia,
06010 UUM Sintok, Kedah, Malaysia
abd.malek@uum.edu.my
3 Masjid Nurussalam, Behor Mentalon, Tambun Tulang,
02600 Arau, Perlis
adnan_fadzil1973@yahoo.com.my
* Corresponding Author
Abstract: This paper discusses about the methods of mathematics to solve issues regarding faraid. Faraid is the
knowledge that will be the first removed from humanity. It is about the distribution of property using the
specific calculation according to the methods that have been determined by Islamic law that is based on the
evidences verses in the Qur’an. Knowledge in faraid is stated in detailed manner in the Al-Quran and provides
strong reasons why it should be applied especially on issues which are closely related to property management.
Faraid is said to be one of the most important knowledge in Islam. A technique of mathematics is applied in this
study for accurate calculation in order to calculate the property for each qualified heir. In addition, numerical
examples that should be taken in performing calculations of faraid are also provided.
Keywords: Asset Distribution, Faraid, Islamic Law, Qualified Heirs,
1. Introduction
Faraid or known as Islamic Inheritance Law is one among three of the main knowledge in
Islam. Faraid is the plural word for Al-Faridhah which means something that is required or the
division which has been fixed with their respective rates. Before the faraid is practiced, there are
several aspects that we need to be clear about. The aspects need to be settled are; the maintenance and
burial, the deceased’s debt, the wills of the deceased, the nazar of the deceased and lastly the
distribution of the remaining assets to the heirs who are entitled to. Wills literally means connect and
deliver while technically it means contribution of a right that is done only after the death (Mustofa et
al., 2009).
Faraid is the study of the calculation and allocation procedure of inheritance for each of the
beneficiaries according to Islamic Law. The law has been set up by Allah S.W.T precisely based on
verses 11, 12 and 176 from Surah an-Nisa. All the details about the heritage of each of the
beneficiaries following the condition that occur are explained in these verses. In the verse 176 of
Surahan-Nisa, Allah decrees that, “When there are brothers and sisters, both men and women, the
male’s share is equal to that of two females...”.
Understanding the basic of estate distribution is important to identify individuals who will go
through the process of distribution of the estate either sooner or later. This is because by
understanding the basics of faraid, it provides an easy way to manage and plan the distribution of the
property of the deceased person. This can avoid possible conflicts, delays and eliminate irresponsible
division or neglect the importance of estate distribution. Therefore, the beneficiaries should have at
least the basic knowledge of knowing who started faraid beneficiaries property inheritance, the right
of inheritance, property type and number, and form of the division.
By understanding faraid, hopefully it will change the typical perspective in considering
matters regarding properties which always leads to a fight and a split in a family. It aims to change the

society view about inheritance so that it can strengthen the affection among family members.
Therefore, the settlement of the estate can be done fairly.
Not only from Qur’an, As-Sunnah is also another source of information about faraid. From
the As-Sunnah, Prophet Muhammad S.A.W said, “There are three types of knowledge, besides the
three just be an additional (secondary), which are the verses muhkamat (clear certainty), the Sunnah
of the Prophet, and the faraid”. Additionally, faraid is a very important knowledge in Islam. A quote
from Prophet Muhammad S.A.W., “Study the faraid and teach it to others because half of the
knowledge and it will be the first thing which will take out from my nation.”, reported by Ibne Majjah
from Abu Hurairah R.A. Faraid has been determined by Allah S.W.T to avoid people from commiting
injustice and to be fair to all beneficiaries.
Until today, even though faraid has been introduced since long time ago, many Muslims do
not know how to implement faraid. In implementing the inheritance among Muslims, there are some
questions of jurisdiction, lack of uniformity of laws, and procedures. In addition, there are also
problems such as seizing property among heirs, disputes when dividing property among heirs and
injustice that should be prevented from occurring.
Many problems occur due to the lack of knowledge about how to divide the property.
Beneficiaries have no knowledge and do not apply the knowledge of faraid. Therefore, we need to
create awareness about the importance of faraid to prevent things from occuring. We need to make the
Quran and Sunnah as our reference. The Prophet said; "I leave to you (Muslims) two eternal
inheritance, when you hold them, you shall not go astray, the Book of Allah (Qur’an) and Sunnah"
Precisely, when lacking of knowledge about faraid, thus the beneficiaries will also be
mistaken about faraid such as not knowing about their status as a beneficiary, hence they do not know
about the rights that they have. This will open up opportunities to the irresponsible parties in taking
advantage on them by taking away their portion in the property. In order to facilitate the beneficiaries,
we need to create awareness about faraid and implement a program that can be used to calculate
faraid. By doing so, they will know about the importance of faraid and this can help them to calculate
faraid without having any doubt.
The objectives of this paper is to highlight the calculation of asset distribution of inheritance
among the qualified heirs. Also aim to improve facilitate people understanding in calculating faraid
by the project is to cover the entire portion according to the faraid Law from the Qur’an.
2. Literature
According to Islamic Law, faraid is a division of the estate after the death of a Muslim which
has been fixed under the Islamic Law on the legal heirs and heirs who are eligible to receive the
estate. The deceased will also need to first fulfill what permitted by Islamic law before distributing the
property. From Ibn 'Umar R.A. he said: "The Messenger of Allah said: "The obligation of a Muslim
who has something (property) which has been willed to be given, two nights and then let the will goes
into his/her hands," from Hadith Sahih Muslim history. The remainder left of the property, after
deducting and excluding all funeral and the deceased debts, is distributed to the heirs.
The amount of the property acquired shall not be questioned because Allah S.W.T has
calculation of the division in the Quran. In the verse 7 of Surah an-Nisa, Allah decrees, “For men is a
share of what the parents and close relatives leave, and for women is a share of what the parents and
close relatives leave, be it little or much - an obligatory share.” This has proven that Allah has set up a
portion for men and women. Only women will get half of men’s, which has proven in the verse 176 of
Surah an-Nisa, “When there are siblings contain men and women, then the portion of the male are
twice of the female. There are two types of estate; testate and intestate. If the person dies and leaves a
will, the estate is called testate. In a contradict, if the person dies and does not leave a will, the estate
is called intestate. An intestate estate is the estate of the deceased without leaving a will (Abdul
Hamid, 2001). The estate that is left by the deceased, which is lawfully owned, needs to be settled
using faraid. Once the person dies, all properties are treated as a legacy of the heir ownership.
Distribution of inheritance using the knowledge of faraid will result in one to decide about the

division because it is based on revelation. Humans or the courts, for example, only serve as the
implementers of the law of God in fulfilling the needs to apply. The property needs to distribute fairly
to all inheritance. There are two types of property which are moveable and immoveable. Examples of
moveable property are house furniture, jewellery and clothing. As for immoveable property, it is the
property that cannot be moved such as land and house. However, in Islamic Law, whether it is
moveable or immoveable property, it needs to be distributed fairly. It is immaterial whether the
property is real (land) or personal, movable or immovable faraid covers all Assets (Un- Habitat,
2005). Nothing in Islam is unfair. The way how to distribute the property has been formulated in the
Qur’an and all Muslims are obliged to follow faraid. Ibn 'Abbas R.A. reported that Allah S.A.W. said,
"Give to the right of the estate which is pursuant to the Law of Inheritance according to the Book of
Allah (Qur’an). The advantage of the division which is pursuant to the Law of Inheritance is given to
a man who is the closest (to the decease). They can choose how the division will be after they discuss
or agree to divide without being forced or influenced by any party.
Meanwhile there is also the beneficiary who has not received any part of the property, called
“Asabah”. Asabah at times takes the remainder of the property but does not obtain the property at all.
Other than that, there are also the beneficiaries who are filtered to receive the property which is called
Hajb. There are two types of Hajb which are al-hajb bi al-wasf and al-hajb bi al-shaksi. Al- hajb bi alshaksi,
can be categorized into two types namely hajb hirman and hajb nuqsan. Faraid has several
benefits which makes it better than the system of inheritance that uses hereditary heir method. Faraid
is fair compared to the system of inheritance which somehow results in women getting more than
men. Supposedly, women’s part is half than men’s as mentioned in the Qur’an in Surah an-Nisa verse
176, “When there are siblings contsisting of men and women, then the portion of male is twice of the
female”.
3. Methodology
Step 1: Finding the values of the nett asset. (Mustofa et al., 2009)
Firstly, we need to find the constant values such as the amount of the deceased’s will, the deceased’s
debt, the funeral cost, and the total value of the deceased’s property (moveable and immoveable
property).
The formula is used to determine how much from the property that should distributed (nett
asset) using faraid. The equation is as follows:
N = A-D-M -W -Z (1)
Where:
N : Nett asset A : Asset D : Deceased’s debt M : Funeral cost
W : Deceased’s will Z : Nazar
Step 2: Getting the exact value of property for each qualified heirs by using the method of faraid
calculation (Abdullah et al., 1998)
From the equation, we will get the remaining property of the deceased which should be
distributed using faraid. The portions to be divided for male heirs are as follows:

Table 1: Male Heirs with Specific Portion and Requirement
Heirs Portion Requirement
1. Husband
1/2 i) No descent downward
1/4 i) There is a descent downward
1/6 i) There is a descent downward
1/6 + Asabah i) There is a female descent downward
2. Father
Asabah i) No descent downward
3. Grandfather
(Father side)
4. Step brother
(same mother)
1/6
1/6
1/3
i) There is a descent downward
ii) No father iii) No sister iv) No brother
iii) v) No step sister (same father) vi) No step brother
(same father)
i) No descent downward ii) No male descent upward
iii) Only has one sibling from the same mother
i)No descent downward ii) No male descent upward
iii) Has two or more siblings from the same mother
Table 1 shows the portion for male heirs according to the requirement to obtain the specific
portion. For other male heirs who are not included in the Table 1, they will get Asabah if they are the
qualified ones to obtain the property. Whereas Table 2 shows the specific amount for female heirs
followed by the requirement to get the specific portion.
Table 2: Female Heirs with specific portion and requirement
Heirs Portion Requirement
i. No son
1/2
ii. Has only one daughter
1. Daughter
i. No son
2/3
ii. There are two or more daughters
i. No son
ii. No daughter
1/2
iii. No grandson
iv. Only one grandaughter
i. No son or daughter
2. Grandaughter
2/3
ii. No grandson
iii. Has two or more grandaughters
i. There is one daughter
1/6
ii. No son
iii. No grandson
3. Sister
1/2
2/3
4. Step sister (same
father) 1/2
i. No father
ii. No grandfather
iii. No descent downward
iv. No brother
v. Only one sister
i. No brother
ii. No descent downward
iii. No father or grandfather
iv. Has two or more sisters
i. No father or grandfather
ii. No descent downward
iii. No sister

2/3
iv. No brother
v. No step brother (same father)
vi. Only one step sister (same father)
i. No step brother (same father)
ii. No descent downward
iii. No father
iv. No grandfather
v. No sister or brother
vi. vi. Has two or more step sisters (same father)
5. Mother
6. Wife
.7.Grandmother
(father’s side)
8.Grandmother
(mother’s side)
1/6
1/3
1/6
i. There is one sister
ii. No descent downward
iii. No father
iv. No grandfather
v. No brother
vi. No step brother (same father)
i. No descent downward
ii. No sibling
i. There is a descent downward
ii. Has siblings
1/3 from balance
i. There are one mother, one father and a husband
ii. There one mother, one father and a wife
1/4 i. No descent downward
1/8
i. There is a descent downward
1/6
i. No father
ii. No mother
1/6 i. No mother
9. Step sister (same
mother)
1/6
1/3
i. No descent downward
ii. No male descent upward
iii. Only have one sibling from same mother
i. No descent downward
ii. No male descent upward
iii. Have two or more siblings from same mother
Step 3: Getting the exact value of property for each qualified heirs by using faraid calculation
method. (Rohaizad, H., 2004)
There are 6 parts (the portion for each qualified heirs in faraid) which are already fixed:
a) 1/2 b) 2/3 c) 1/4 d) 1/3 e) 1/8 f) 1/6
When a group of heirs is given portion of a/b and another group is given portion of c/d, we can say
that the distribution of property among these two groups is represented by the ratio a/b: c/d. We can
solve the equation as we solve any proportion ratio. In general, the ratio can be seen as the ratio of
portion as follows:
a/b : c/d : e/ f : g/h : i/ j (2)
Where a, c, e, g, and i are the integer 1 or 2 and b, d, f, h, and j are the integer 2, 3, 4, 6, or 8. We can
write the equation in (2) as:
F = P 1 + P 2 + P 3 + P 4+ ... + P n
Where F represent the sum of portion of the qualified heir, n represent th number of qualified heirs
and P represent the portion of qualified heirs

After the heir(s) has been listed and the portion is already known, the exact value for each
heir(s) needs to be calculated. The formulas are as follows:
n
Case 1: if F = å P k
£1 then T k N
(3)
k=1
n
T
Case 2: if F P k 1
k N
then F
k 1
(4)
Where:
T k : Total of inheritance for each qualified heir
P k : Portion of qualified heir
4. Numerical Examples
Scenario 1: At death of man left a wife, a mother, a father, a son and a daughter.
Step 1: Finding the values of the nett asset
For the first step, we need to determine the constant value of the total asset, deceased’s debt, funeral
cost and deceased’s will. For example, the values are 100000 for the asset, 14000 for the deceased’s
debt, 2000 for the funeral cost, and 3000 for the deceased’s will.
Next, we will calculate the asset of the deceased by substituting the amount of the total asset,
deceased’s debt, funeral cost and deceased’s will. We will substitute the amount into the equation to
obtain the nett asset. The equation is as shown below:
From (1), we substitute the values to nett asset,
N =100000-14000-2000-3000-0,
then we get the values of the nett asset which is 81000.
Step 2: Determine the portion of the qualified heirs
Next, we need determine the heirs left by the deceased. For example the deceased left a wife, a
mother, a father, a daughter and a son. From Table 1 and Table 2, we have determined the portions of
the wife which is 1/8, 1/6 for the mother, 1/6 for the father and daughter and son will get the balance,
which is asabah, where the portion of the daughter is 1/2 of potion of the son as shown in Table 3.
Table 3: Portion of Heirs (Case 1)
Heir
Portion
Wife 1/8
Mother 1/6
Father 1/6
One Daughter
Asabah
One Son
Asabah
Step 3: Getting the exact value of property for each qualified heir by using faraid calculation method
After we get the specific portion of the heirs, we will substitute the value of the balance of property
that should be distributed and the portion of the heirs to get the total portion. Next, we need to
determine the case either Case 1 or Case 2 by summing up the total portion of qualified heirs.
n
F
k 1
P k
1
8
1
6
1
6
11
24

n
11
Since F P k 1 , it is categorized as Case 1. Hence, we need to find T byusing equation (3).
24
k1
The remaining portion will be distributed between the son and the daughter has been calculated and
shown in Table 4.
Asabah: 1 – 11/24 = 13/24
Total for the wife: T 1 =1/8 x 81000 = 10125
Total for the mother: T 2 =1/6 x 81000 = 13500
Total for the father: T 3 = 1/6x81000 = 13500
Total for the daughter: T 4 =1/3x13/24x81000 = 14625
Total for the son: T 5 = 2/3x13/24x81000 = 29250
Table 4: Total of Inheritance for Each Heir
Heir Portion Total of inheritance (RM)
Wife 1/8 10125
Mother 1/6 13500
Father 1/6 13500
One Daughter 13/72 14625
One Son 13/36 29250
Total
1
81000
Table 4 shows the total asset that has been distributed to the heirs after the asset has excluded the
debts, funeral cost and the deceased’s will. The wife gets 10125, the mother gets 13500, the father
gets 13500, the daughter gets 14625 and the son gets 29250. If we sum up the entire portion, we will
get back the value of the nett asset which is 81000.
Scenario 2: At death, a woman left a husband and five sisters.
Step 1: Finding the values of net asset.
Another example, as calculated previously we need to determine the constant value of the nett asset,
deceased’s debt, funeral cost and deceased’s will to get the nett asset. The values are 50000 for the
asset, 8000 for the deceased’s debt, 2000 for the funeral cost, 1000 for the nazar and 1000 for the
deceased’s will.
Next, we will calculate the asset of the deceased by substituting the amount of the total asset,
deceased’s debt, funeral cost and deceased’s will. We will substitute the amount into the equation to
obtain the nett asset. The equation is as below:
From (1), we substitute the values to obtain the balance property,
N =50000-8000-2000-1000-1000,
then we get the value of the balance property that should be distributed which is 38000.
Step 2: Determine the portion of the qualified heirs
Next, we need to determine the heirs left by the deceased. In this example the deceased left a husband
and five sisters. From Table 1 and 2, the portion of the husband is 1/2 and five sisters will receive 2/3
from the property as shown in Table 5.
Table 5: Portion of Heirs (Case 2)
Heir
Portion
Husband 1/2
Five sisters 2/3
Step 3: Getting the exact value of property for each qualified heir by using faraid calculation method
After we get the specific portion of heir, we will substitute the value of the nett asset and portion of
heir to get the total portion. Next, we need to determine the case either Case 1 or Case 2 by summing
up the total portion of qualified heirs as shown in Table 6.

n
F
k 1
P k
n
1
2
2
3
7
6
7
Since F P k 1, it is categorized as Case 2. Hence, we need to find T by using equation (4).
6
k 1
1/ 238000
T
Total husband:
1
7 / 6
16285.71
Total for sisters:
2 / 338000
T2
7 / 6
21714.29
Table 6: Total of Inheritance for Each Heir (Case 2)
Heir Portion Total of inheritance
Husband 3/7 16285.71
Sisters 4/7 21714.29
Total 1 38000.00
5. Conclusion
The awareness about Islamic Inheritance Law (faraid) is very important among Muslims in
order to be fair when distributing the property of the dead to the heirs. Faraid is used as a way to
distribute one’s property based on the reference from the Qur’an and As-Sunnah. By following faraid,
there is no doubt about the fairness because all aspects about faraid have been recorded in the Qur’an
and As-Sunnah and as Muslims we must believe that the Qur’an is the book of Allah and As-Sunnah
is from Prophet Muhammad S.A.W. Without faraid, undesirable situations such as fraud among heirs,
or not being fair among heirs will occur. That is why Muslims need to practise faraid, learn and teach
it among Muslims. By doing so, it can help Muslims to achieve true justice.
It is recommended to the future researcher to carry out a specific research about faraid which
involves people who have both genders (hermaphrodite). In this research, this aspect is not included.
They can be male or female. It is very important to clearly specify the gender because in order to
determine the portion, it will be based on the gender of the heir.
6. References
The Qur'an: Translation. Trans. Abdullah YusufAli (2000). Elmhurst: Tahrike.
Abdullah, E., Abdul Rahni, M. P., & Ahmad, A. M. (1998). USM wujud sistem faraid berkomputer. Retrieved
August 14, 2012, from http://maths.usm.my/faraid/.
Abdul Hamid bin Haji Mohamad (2001). Administration of Property in Malaysia: A Civil Law and Shariah
Law Perspective. Court of Appeal, Malaysia
Mustofa, A.K., Mustofa, A. B., & Ali, A. S. (2009). Kitab Fikah Mazhab Syafie, Menghuraikan Bab: Wakaf,
Wasiat, faraid, Kuala Lumpur : Pustaka Salam Sdn Bhd.
Mohd Ridzuan Awang. (2008). Islamic Inheritance Law: Implementation in Malaysia. Bangi: Islamic Law
(Syariah) Department, UKM.
Norahmah binti Ismail. (2005). A Development of E-Muslim Personalization System. Faculty of Information
Technology and Quantitative Science, UiTM.
Rohaizad, H. (2004, May 19). Aritmetik Faraid (1). Utusan Malaysia.
Un-Habitat (2005). Islam, Land & Property Research Series: Islamic Inheritance Laws and Systems. United
Nations Human Settlements Programme.
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