Quran and Hadith Sources

"There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share." (Qur'an 4:7)

"These are the limits (set by) Allah (or ordainments as regards laws of inheritance), and whosoever obeys Allah and Muhammad will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success." (Qur'an 4:13)

"And whosoever disobeys Allah and Muhammad , and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment." (Qur'an 4:14)

"And when the relatives and the orphans and Al Masakin (the poor) are present at the time of division, give them out of the property, and speak to them words of kindness and justice," (Qur'an 4:8)

"And let those (executors and guardians) have the same fear in their minds as they would have for their own, if they had left weak offspring behind. So let them fear Allah and speak right words." (Qur'an 4:9)

"Verily, those who unjustly eat up the property of orphans, they eat up only a fire into their bellies, and they will be burnt in the blazing Fire!" (Qur'an 4:10)

"Allah commands you as regards your children's (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise." (Qur'an 4:11)

"In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All-Knowing, Most-Forbearing." (Qur'an 4:12)

"Allah has not made for any man two hearts in his (one) body: nor has He made your wives whom ye divorce by Zihar your mothers: nor has He made your adopted sons your sons" (Qur'an 33:4)

"It is ordained for you, when death approaches any of you and he is leaving wealth, that he makes fair legacies in favour of .. near relatives, a duty upon those who have taqwa." (Qur'an 2:180)

It was reported that Muhammad said that:

"Whichever man commits zina with a free or slave women, the child (that she bears) is a child of zina. It neither inherits (from him) nor gives him inheritance." (Sahih al-Bukhari)

It was reported that Muhammad said that:

"A Muslim cannot be the heir of a disbeliever, nor disbeliever be the heir of a Muslim". (Sahih al-Bukhari)

It was reported that Muhammad said that:

"Verily, Allah has given to everyone who has a right his due right. Thus, no bequeathal may be made to a (legal) heir." (Recorded by Ibn Majah, Ahmad and others. Verified to be authentic by al-Albani)

It was reported that Muhammad said that:

"one-third, yet even one third is too much." (Narrated by Ibn 'Abbas)

Narrated by Ibn 'Umar:

"Umar got some property in Khaibar and he came to the Prophet and informed him about it. The Prophet said to him, "If you wish you can give it in charity." So 'Umar gave it in charity (i.e. as an endowment) the yield of which was to be used for the good of the poor, the needy, the kinsmen and the guests." (Sahih al-Bukhari)

It was reported that Muhammad said that:

"When a man dies, his acts come to an end, but three, recurring charity, knowledge (by which people) benefit, or a pious son who prays for him (for the deceased)." (Sahih al-Muslim)

The principle of Awl applies when the total sum of the fractional shares allotted to the Qur'anic heirs exceeds unity, the already allotted shares are readjusted by using a procedure where all shares are reduced proportionately. This situation arises only in the presence of daughters or sisters. (The Final Bequests The Islamic Will and Testament by Muhammad al-Jibaly, 1999 Al-Kitaab and as-Sunnah Publishing)

The principle of Raad applies when the total sum of the fractional shares allotted to the Qur'anic heirs is less than unity. The shares are readjusted in proportion to their already allocated shares. This situation may arise in the absence of a residuary heir. (The Final Bequests The Islamic Will and Testament by Muhammad al-Jibaly, 1999 Al-Kitaab and as-Sunnah Publishing)

The Standard Provisions of the Society of Trust and Estate Practitioners (1st Edition)