Sources of Islamic Inheritance Law
Inheritance law is based on the Quran, Sunnah, the consensus the ijtihad (the process of making a legal decision by independent interpretation of the legal sources).
Among the verses that are not in details in nature, Allah commanded “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” (An Nisaa 4:7). Also He said : “But those of [blood] relationship are more entitled [to inheritance] in the decree of Allah
Indeed, Allah is knowing of all things” (Al-Anfal 8:75
The specific and detailed guidance regarding the division of the inherited wealth, among the rightful beneficiaries are as follows:
“Allah commands you as regards your children’s (inheritance): For the male a share equivalent to that of two females; if (there are) only daughters, two or more, their share is two-thirds of the inheritance; and if only one, her share is a half. And for parents, a sixth share of inheritance to each if the deceased left a child; if if he does not have a child and the parents are the heirs then for the mother one-third; but if he has brothers (or sisters) then for the mother one-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 God. And God is Ever All-Knower, All-Wise.” (An Nisaa 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 (maternal) 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 God; and God is Ever All-Knowing, Most-Forbearing.” (An Nisaa 4: 12)
“They ask you for a legal decision. Say: Allah directs (them) about those who leave no descendants or ascendants as heirs. If it is a man that dies, leaving a sister but no child, she shall have half the inheritance. If (such a deceased was) a woman who left no child, Her brother takes her inheritance. If there are two sisters, they shall have two thirds of the inheritance (between them). If there are brothers and sisters, (they share), the male having twice the share of the female. Thus doth Allah makes clear to you (His knowledge of all things). [An-Nisaa 4:176]