Sharing Property is Obligatory in Islam:
لِلرِّجَالِ نَصِيۡبٌ مِّمَّا تَرَكَ الۡوَالِدٰنِ وَالۡاَقۡرَبُوۡنَوَلِلنِّسَآءِ نَصِيۡبٌ مِّمَّا تَرَكَ الۡوَالِدٰنِ وَالۡاَقۡرَبُوۡنَ مِمَّا قَلَّ مِنۡهُ اَوۡ كَثُرَ ؕ نَصِيۡبًا مَّفۡرُوۡضًا
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.
Quran 4:7
To understand the property sharing which is obligatory in Islam, the Conditions of property sharing and Simple calculation method are given below.
To understand the property sharing which is obligatory in Islam, the Conditions of property sharing and Simple calculation method are given below.
Conditions of property sharing:
- Property shall be divided only after the property owner is deceased. ①
- The relatives who are alive only eligible to receive the share of the property. ①
- The property should be distributed only after the execution of the bequest and debt. ②
- No more than one third of the bequest is allowed. ③
- Entitled to receive inheritance shares can not be mentioned under the bequest.
- "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased." ④
- Adopted kids are not considered under the prescribed inheritance sharing. However this can be given under the bequest which should not be more than 1/3 of the property ⑤
- The believer can not be the heir of the disbeliever. ⑥
- Allah will send those who obey his rules to the heaven and those who transgress to the hell. ⑦
- Most brothers living abroad are buying the properties in their parents name as they can not be present during the registration process. However, they have to keep in mind that after the death of their parents, those assets are considered as parent's property and to be distributed accordingly as per the Islamic guidelines. ①
Property sharing calculator:
By clicking the below link, a google sheet will open and in which the property value and relatives’ details can be entered to calculate the property sharing for each person.
Shorten URL: goo.gl/mjs4z7
Property sharing calculation sample:
Quran / Hadith References:
- ① 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. Quran 4:7
- ② Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise. Quran 4:11
- ③ Narrated Sa`d bin Abi Waqqas: I was stricken by an ailment that led me to the verge of death. The Prophet (ﷺ) came to pay me a visit. I said, "O Allah's Messenger (ﷺ)! I have much property and no heir except my single daughter. Shall I give two-thirds of my property in charity?" He said, "No." I said, "Half of it?" He said, "No." I said, "Onethird of it?" He said, "You may do so) though one-third is also to a much, for it is better for you to leave your off-spring wealthy than to leave them poor, asking others for help. And whatever you spend (for Allah's sake) you will be rewarded for it, even for a morsel of food which you may put in the mouth of your wife." I said, "O Allah's Messenger (ﷺ)! Will I remain behind and fail to complete my emigration?" The Prophet (ﷺ) said, "If you are left behind after me, whatever good deeds you will do for Allah's sake, that will upgrade you and raise you high. May be you will have long life so that some people may benefit by you and others (the enemies) be harmed by you." But Allah's Messenger (ﷺ) felt sorry for Sa`d bin Khaula as he died in Mecca. (Sufyan, a sub-narrator said that Sa`d bin Khaula was a man from the tribe of Bani 'Amir bin Lu'ai.) Sahih al-Bukhari 6733
- ④ The Prophet (ﷺ) said, "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased ." Sahih al-Bukhari 6732
- ⑤ Allah has not made for a man two hearts in his interior. And He has not made your wives whom you declare unlawful your mothers. And he has not made your adopted sons your [true] sons. That is [merely] your saying by your mouths, but Allah says the truth, and He guides to the [right] way. Quran 33:4
- ⑥ Narrated `Amr bin `Uthman: Usama bin Zaid said during the Conquest (of Mecca), "O Allah's Messenger (ﷺ)! Where will we encamp tomorrow?" The Prophet (ﷺ) said, "But has `Aqil left for us any house to lodge in?" He then added, "No believer will inherit an infidel's property, and no infidel will inherit the property of a believer." Az- Zuhri was asked, "Who inherited Abu Talib?" Az-Zuhri replied, "Ail and Talib inherited him." Sahih al-Bukhari 4282, 4283
- ⑦ These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment. And whoever disobeys Allah and His Messenger and transgresses His limits, He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment. Quran 4:13-14
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