Assalaamu Alaikum Can you please explain the concept of inheritance between a man and a woman in Islam; for example, does a woman receive half the inheritance of her brother, as this is different to English Law?

Mrs Saleema Choudhury (Solicitor in Bristol)

Answer

The issue of inheritance is of essential importance in Islam. The Holy Prophet, Hadhrat Muhammadur Rasullullaah (Sallallaahu Alayhi Wasallam) said: "Learn the laws of inheritance and teach it to people, for it is half of knowledge.” (In another Hadith marriage is mentioned with cleanliness being the other half).

If a man and woman are co-heirs, then the male’s share is equal to that of two females. An exception is only made when uterine brothers and sisters (related through the mother) inherit, in the case of kalaalah, (The word kalaalah refers to a case where the deceased leaves behind no ascendants or descendents; if he has brothers and sisters through his mother (uterine siblings), then each male receives a share equal to that of one female) which is mentioned in the following verse of the Holy Qur’an:

“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.” (Holy Qur’an: al-Nisa’ 4:12)

If a man (brother) dies childless and he has only one sister, she shall inherit half of what he leaves; and if a sister dies childless then her brother shall be her heir; and if there are two sisters, they shall inherit two-thirds of what he [or she] leaves.

As you are a solicitor, I would be grateful if you could advise me about the English law of inheritance ruling between a brother and a sister for my information.

(VERILY, ALLAH TAA’LA IS ALL-KNOWING!)