Will Gift and Inheritance Under Muslim Law
Understanding how property passes after death or how it is transferred during life has always held deep personal and emotional value in Muslim society. Whether it is drafting a will (Wasiyat), making a gift (Hiba), or distributing inheritance (Mirath), Islamic law treats each of these acts not just as financial decisions but as moral responsibilities shaped by fairness, gratitude, and divine principles.
In Muslim law, a will reflects intention, a gift reflects affection, and inheritance reflects Allah’s ordained justice. Every share, every condition, and every limitation carries spiritual weight and legal precision. Yet, in real-life situations—siblings questioning their shares, parents gifting property during their lifetime, disputes over what was promised, or confusion over Qur’anic heirs—clarity becomes essential.
This blog aims to simplify these concepts with clarity and real understanding. We explore how a will must be executed, what makes a gift valid, who qualifies as an heir, how shares are calculated, and where the Qur’an draws lines that humans cannot cross. Our goal is not merely to explain rules, but to make you feel the balance of compassion and law that Islamic inheritance stands upon.
Will Under Muslim Law
Will (wasiyat) means the assignment of property by the testator (owner of the property) in favour of legatee (for whom the bequest is made).
The will takes effect only after the death of the testator and can be revoked at any time during the testator’s life.
Muslim law places specific restrictions on who can make a will, what can be given, to whom it can be given, and how much of the property can be willed.
Unlike other transfers, the person receiving the property (legatee) gets no rights until the testator dies.
GENERAL RULES OF WILL
The person who may dispose of his property by will must be competent, i.e. a Muslim of sound mind who has attained the age of majority and has a clear intention to bequest.
The Will may be made orally or in writing. However, Will in the form of writing is more preferable and authentic.
The bequest made shall take effect after testator’s death and not before that in any case.
A disposition of property by Will cannot be made more than one-third after the payment of funeral expenses and debts if any. the limit on testamentary power of a Muslim to bequeath is limited to one-third only.
There is another limitation i.e. Will cannot be made in favour of legal heirs. It is a general rule based on the Hadith: ‘there is no will for legal heirs.
Exception: Under the Hanafi School this general rule has one exception that the will in favour of any legal heir must be consented by other legal heirs, and it must not be beyond one-third, only then will in favour of legal heir is valid
No consent is needed if the bequest is made in favour of the person who is not a legal heir. However, the limitation continues to one-third.
Under Shia law a will can be made even to a legal heir, so long as it does not exceed one-third of his estate. Such a legacy is valid without the consent of the other heirs. But if the legacy exceeds one-third, it is not valid unless the other heirs consent thereto; such consent may be given before or after the death of the testator. But where the whole estate is to be bequeathed to one heir and the other heirs are excluded entirely from inheritance then the bequest is void in its entirety.
The will is affected after the testator’s death and is implemented after the discharge of funeral expenses and debts if any, but before the actual division of property by way of inheritance law.
A bequest may be made of any property which is capable of being transferred and which exists at the testator’s death.
A bequest to a person not yet in existence at the testator’s death is void. However, if a bequest is made for a child in the womb, it is valid if the child is born within six months from the date of the will.
It is to be noted that a person cannot be compelled to make a Will by undue influence, coercion or any other illegal means.
A Will can be made to any person, man or woman, adult or minor, Muslim or Non-Muslim. A bequest can be made for religious or charitable object as well.
A landmark ruling in Moosa v. Haji Abdul Rahiman made it clear that no Muslim can will more than onethird of his property without the heirs’ consent — and that consent must come after death, not before.
In Abdul Ghani v. Fakhr Jahan, the court held that a Muslim can revoke or modify the will at any time before death — meaning no legatee gets any fixed right until the moment the testator dies.
GIFT Under Muslim Law
A gift in Muslim Law is called Hiba.
Gift is a transfer of property by the donor (one who owns the property) in favour of donnee (to whom the gift is made) without taking any consideration (price) from donnee.
Gift is the immediate and unqualified transfer of the corpus of the property without any return.
It is the conferring of the property without consideration.
Essentials of Gift
However, there are certain rules which are necessary to be followed and same shall determine the validity of gifts:
There shall be an offer from the donor to gift i.e. declaration.
There shall be an acceptance from the donnee of the offer of doner.
There shall be immediate delivery of possession from donor to donnee of the subject matter of the gift (movable and immovable) and the immediate taking of possession by the donnee.
There shall be no consideration (price) given in exchange of gift, if it is so then it is a sale.
The whole process shall be completed during the lifetime of donor and donee.
The donor must be competent to make gift i.e. he must have attained the age of majority, with sound mind, understanding the nature of the transaction, with free consent i.e. free from any duress, coercion, undue influence, fraud.
The donor must not be compelled to make the gift of the property.
The donor must not be a minor in any case, however donee can be minor.
In case the gift is made in favour of minor, then in such case guardian of such minor shall take possession of such property till the minor attains majority.
Writing is not essential for the validity of gifts though writing is preferable for evidential value and authenticity. Oral gift are otherwise valid in islam.
Gift in Favour of Children
Gifts were traditionally made in favour of those persons who could not inherit and were generally made out of love and affection.
A person can make gift in favour of his legal heir as well in an unrestricted manner.
However, when the donor intends to make gifts in favour of his children who happen to be his legal heirs as well then the rules of gift are different.
When a donor intends to gift his entire property in favour of all of his/her children whether male or female, then such gift is to be made equally irrespective of gender as per Hanafi, Maliki, Shaafi school.
In case where a donor intends to gift only a portion of his property to any of his children, i.e. son or daughter, such gift is also valid.
In case where a donor gifts his entire property to only one of his child excluding all other children, then such gift is totally invalid.
But if the gift of this entire property is made in favour of a neighbour, or relative, or friend, or stranger excluding all his children, such gift is absolutely valid and children cannot challenge it.
Gift made during Marz-ul-Maut (at death bed)
Where a person makes a gift during the illness which is likely to cause his death, in other words, when a gift is made at the death bed, such gift don’t take effect by gift but takes effect of the Will only i.e. one-third of the property takes effect in the favour of legatee and not beyond in any case.
Revocability Of Gifts
There is clear Hadith in this regard where the Prophet(saw) has equated that person who demands gifts back with a dog who vomits and takes it back.
Therefore, it is condemnable to revoke or demand gifts back. Therefore, a person at the first instance is not compelled to make gift but if he or she does so, it must be voluntarily out of love and affection without any fear or coercion.
But once a person makes a gift in favour of another person completing all the essentials of the same, then subsequently donor cannot dispossess the donnee of the same.
The general rule is that gifts when completed in all respects in particular when the transfer of possession is made, then such gifts are irrevocable. Before delivery of possession then gift is not complete and in such case the donor has the unrestricted right to revoke it.
After delivery of possession the revocation of gift by a donor is possible in a very restricted sense that is only by the intervention of a court of law by a formal decree or by the consent of donnee.
Where a gift is made out of coercion, fraud, or donor being minor etc such gifts are revocable by the intervention of the court.
The court will grant decree except in the following cases:
When the donor is dead.
When the donnee is dead.
When the donnee is related to the donor in the prohibited degrees of consanguinity e.g, brother and sister etc.
When the donor and donnee are related as husband and wife.
When the subject of the gift has been transferred by the donnee, by sale, gift or otherwise.
When the subject matter of the gift has been destroyed or lost or so changed as to lose its identity.
When the subject of the gift has increased in value and the increment is inseparable
When the gift is sadaqah.
When anything has been accepted in return.
Law Of Inheritance
The Law of Inheritance under Muslim Law refers to the system of rules that govern how the property of a deceased Muslim is distributed among his legal heirs according to the principles of the Qur’an.
It determines who will inherit, how much they will inherit, and in what order.
Also known as Qanoon-i-waraasat and in Arabic this law is called Ilm-ul-Faraiz.
General Rules of Inheritance:
To understand the concept of inheritance, it is important to know that inheritance, wills and gifts are three different areas distinctive from each other and they operate in their respective spheres and are not to be intermingled. Intermingling the ruling of one area in another area result in confusion, chaos and injustice.
It is to be noted that inheritance has a close link with the death of the person/owner. In other words, the law of inheritance comes into operation only and only when the owner of the property dies.
If a person distributes his property among his children or gives it to anyone, during his lifetime, the rules of inheritance shall not be applicable, because the rules of inheritance come into being after the death of a person.
Before actual distribution of property among the legal heirs is made, three things are to be deducted out of that property. The funeral expenses of the deceased (propostious); the payment of debts if he has any; the implementation of the will if the deceased has made any. When all these requirements are met with, then the legal heirs are entitled to their respective shares out of the property.
There is no difference of movable and immovable property; ancestral and self-acquired property for the purpose of inheritance. However, under Shia Law, the Childless widow is not entitled to any share in the Husband's immovable property.
There is no concept of birth right in Islamic inheritance. Right to inherit arises only after the death of an ancestor. A son does not have any share or right in the property of his father as long as his father is alive. The Shia law recognizes it to a certain extent like eldest son is entitled to his deceased father's award, wearing apparel, the ring and the Quran.
The vesting of inheritance right is not conditional and dependent on actual distribution and possession of the Property. Immediately on the death of the propositious, the heirs are vested with the right of inheritance according to their allotted shares, So even if such heir dies before the actual division, but after the vesting of rights, his share remains intact.
Nearer in relation always excludes farther in relation. For example A dies, leaves behind brother and son. The son will exclude brother, similarly father will exclude grandfather; the mother will exclude grandmother.
Full blood excludes half blood.
The Deceased's Father, Mother, Spouse, Son, Daughter are those relations which are always entitled to share in the property of the deceased person. They are never excluded.
The share of male (e.g. Son) is double of share of female (e.g daughter).
Non-Muslim heir does not inherit from a Muslim propositious and a Muslim heir does not inherit from a Non-Muslim deceased.
Legal heir who murders propositious is disentitled from the inheritance. However, there is a difference of opinions among different schools on the basis of culpable homicide and intention.
An illegitimate child inherits only from a mother and her blood relations and vice versa. Such a child does not inherit from his/her putative father. In Shia law, such a child does not inherit either from the father or mother since there is no legal relationship between them.
Non-Muslim heir does not inherit from a Muslim propositious and a Muslim heir does not inherit from a Non-Muslim deceased.
Legal heir who murders propositious is disentitled from the inheritance. However, there is a difference of opinions among different schools on the basis of culpable homicide and intention.
An illegitimate child inherits only from a mother and her blood relations and vice versa. Such a child does not inherit from his/her putative father. In Shia law, such a child does not inherit either from the father or mother since there is no legal relationship between them.
Doctrine of Rad
The doctrine of Radd (return) means when there is a residue left after satisfying the claims of sharers, but there is no residuary, the residue reverts back to the sharers in proportion to their shares. This right of a reverter is technically called 'return' or 'radd'. However, there is a difference of opinion among the jurists regarding the application of doctrine on husband and wife. They are not entitled to 'radd' if there is any other heir. But if there is no other heir, the residue will go to the husband or the wife, as the case may be by return.
Doctrine of representation
Doctrine of representation is not recognized in the inheritance law of Islam under Sunni law, but to a certain extent it is recognized in Shia law in the form of the determination of the quantum of shares.
Mathematical Rules of Inheritance:
Husband
Husband of the deceased is entitled to 1/4th share of the property of the deceased in case of presence of children of deceased.
In case there are no children, then the husband is entitled to one-half (1/2) share in the property.
Wife
Wife of the deceased is entitled to one-eighth (1/8) share of the Property in case of the presence of child/children of deceased.
In case there is no child of deceased, then the wife is entitled to one-fourth (1/4) share in the property.
Where there is more than one widow of the deceased, then they are entitled to such share of 1/8th or 1/4th mutually.
Son(s)
The share of son(s) is never fixed. It is fluctuating in nature.
Daughter:
Daughter of the deceased is entitled to one-half (1/2) of shares in the property of the deceased in case there is no son of deceased and daughter is the only child of deceased.
In case there are two or more than two daughters and there is no son of the deceased, then such daughters are entitled to two-third (2/3) of shares in the property of the deceased mutually.
In case there is/are son(s) of the deceased, then such daughter(s) is/are entitled to share in the ratio of 2:1 i.e. two shares to son and one share to daughter.
Father
Father of the deceased is entitled to one-sixth (1/6) of shares in the net estate of deceased in case there is a male agnatic descendants i.e. son, ss, sss.
In case his deceased child does not have any child whatsoever, then Father is entitled to residuary i.e. the entire remaining share of property.
In case the deceased child has one or more daughters, son's daughters but no son or son's son, then the father is entitled in dual capacities i.e. sharer(1/6) plus residue..
Father of the propositious excludes brothers and sisters of propositious.
True Grandfather:
TGF of the deceased gets share only when there is no father of the deceased.
Mother:
Mother of the deceased is entitled to one-third (1/3) of the share of the net estate in case there is no child of the deceased, no agnatic descendant (ss, sd, sss, h.l.s) of deceased and not more than one brother and sister of any description.
In case there is a child of deceased or son's child or two or more brothers or sisters of deceased then mother of the deceased is entitled to one-sixth(1/6) of shares in the net estate of deceased.
If the deceased leaves behind a spouse and father, then mother of such deceased is entitled to 1/3 of residue.
If the deceased leaves only father and mother behind, then mother is entitled to 1/3 of shares in the net estate of deceased.
Son's Daughter:
SD is entitled to ½ of shares in the property of deceased if such son's daughter is alone and when there is no son or daughter of the deceased.
If there are more than two or more son's daughters and no son or daughter of the deceased, then such son's daughters are entitled to 2/3 mutually.
If there is a daughter or higher son's daughter, but no son or son's son of deceased then such SD is entitled to 1/6 whether one or more.
Sister
Sister of the deceased is entitled to 1/2 one- half of the share (if alone) and 2/3 (if two are more) when there is no child, child of a son, father, true grandfather, or full brother of the deceased.
In case of brother, such sister is converted into residurary i.e. 2:1 rule.
In case of father of deceased, a sister of the deceased is excluded.
In the presence of mother of deceased, sister is not excluded, provided there is no child of deceased.
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