Is Faraid Fair? Understanding the Religious Basis of Islamic Inheritance

Is faraid fair? In the Islamic understanding, yes. Faraid is seen as just because each heir's share is tied to their family relationship and to the financial responsibilities Islamic law places on them, not to their worth as a person. The best-known rule, that a son receives twice the share of a daughter, is linked to the duty a man carries to support his family. The daughter's share, on the other hand, is hers alone. The 2:1 ratio also does not apply to every heir: in some situations men and women receive equal shares. This article explains the religious basis of faraid and the common misconceptions about it.

This is a general explanation of the reasoning behind faraid. It is not a ruling on any particular family's shares, which depend on who survives the deceased and are confirmed by the Syariah Court.

What faraid is

Faraid is the Islamic law of inheritance. It sets out who inherits from a deceased Muslim and the share each heir receives. Its main rules come from the Quran, particularly Surah an-Nisa, and from the Sunnah, and they have been explained in detail by Islamic scholars.

The people who may inherit include the husband or wife, the parents, the children and, depending on the family, other relatives such as siblings. Each heir's share depends on who else survives the deceased.

In Malaysia, faraid applies to the estates of Muslims. Before anything is distributed, the deceased's funeral costs and debts are paid, and a valid wasiat (Islamic will) is given effect up to one third of the net estate. Faraid then applies to the balance.

The common objection: "Men get more than women"

The objection people raise most often is that faraid favours men and discriminates against women, because a son usually receives twice the share of a daughter.

To understand the Islamic position, the share has to be seen alongside the rest of the family's financial obligations. In Islamic law, inheritance is one part of a wider system of rights and duties, not a stand-alone measure of how much each person is valued.

Shares follow financial responsibility

Under Islamic law, men carry specific financial obligations that women do not:

• A husband must provide nafkah (maintenance) for his wife and children, including housing, food and clothing.

• A man pays the mahr (dower) to his wife on marriage. The mahr belongs to the wife.

• A son may be responsible for supporting his parents, and in some situations his unmarried sisters and other relatives.

A woman, on the other hand, is not required to spend her own property, including what she inherits, on the household. Her share is hers to keep, save or use as she chooses.

Seen this way, the larger share given to a son is meant to help him meet obligations he is required to carry, while the daughter's smaller share comes without those obligations attached.

The 2:1 rule is not the whole picture

It is a common misconception that faraid always gives a man twice what a woman receives. The 2:1 ratio applies in particular relationships, such as between a son and a daughter inheriting together. In other situations the shares are different:

• Where the deceased left a son, the father and the mother each receive the same fixed share of one sixth. (In some other family situations the father may also take more as a residuary heir.)

• Siblings who are related to the deceased only through their mother share their portion equally, whether they are male or female.

• A daughter who is the only child receives a fixed share of one half of the estate.

The shares that apply in any family depend on who survives the deceased, which is why the actual distribution is confirmed by the Syariah Court and not by a general rule of thumb.

Faraid secured women's right to inherit

Faraid guarantees women a share of inheritance as wives, mothers, daughters and, in some situations, sisters. Scholars often point out that this right to inherit was not recognised in many pre-Islamic societies. Once a woman receives her share, it is fully hers.

The wisdom (hikmah) scholars point to

Islamic scholars commonly describe several aims behind faraid:

1. It fits a wider financial system. Faraid works together with the rules on nafkah and mahr. The shares make sense only when read with those obligations.

2. It protects the rights of women. Women's shares are fixed by Islamic law and cannot be taken away by other family members.

3. It spreads wealth. By dividing property among a number of heirs, including women, faraid helps prevent wealth from being concentrated in a few hands.

4. It teaches responsibility. Faraid reminds families that wealth is held in trust and must be managed carefully, and that relationships and duties matter more than the property itself.

Fairness in practice: debts come first

Fairness in faraid is not only about the shares. The process also protects other people's rights. Funeral costs and the deceased's debts are paid before anything is distributed, so creditors are not left out. A spouse may also claim harta sepencarian (property jointly acquired during the marriage) in the Syariah Court before the balance is distributed by faraid.

Is there any flexibility?

Faraid fixes the shares, but Islamic law also recognises other ways of dealing with property:

• Wasiat: a Muslim may leave a wasiat of up to one third of the net estate. A wasiat in favour of an heir takes effect only if the other heirs consent.

• Hibah: a person may make a gift (hibah) of property during their lifetime, subject to the requirements of Islamic law.

• Agreement among heirs: after the shares are known, adult heirs sometimes agree on how particular assets will be dealt with, for example selling a house and dividing the proceeds.

Because these tools have their own requirements and can be challenged, families should take advice before relying on them.

When families disagree

Misunderstandings about faraid are a frequent cause of family disputes. Talking openly, and getting the shares confirmed by the Syariah Court rather than relying on assumptions, helps avoid conflict. Remember, too, that knowing the shares is only the first step. The estate still has to be administered, through the Land Administrator for a small estate or the High Court for letters of administration, before the assets can be transferred to the heirs.

For a detailed religious discussion of whether faraid is fair, see the Irsyad al-Fatwa published by the Federal Territories Mufti's Office.

How ASCOLAW can help

Understanding faraid is one thing. Getting an estate administered and the assets transferred to the heirs is another. ASCOLAW (Messrs Akmal Saufi & Co) can help your family understand the administration steps, prepare the documents and take the estate through the process.

Fill in the ASCOLAW enquiry form below with a short description of the estate and the family, and our team will contact you.

Frequently asked questions

Why does a son receive twice the share of a daughter?

In the Islamic understanding, the son's larger share reflects the financial duties Islamic law places on men, such as providing for a wife and children and paying the mahr. The daughter's share carries no such obligation and belongs entirely to her.

Do women always receive less than men under faraid?

No. The 2:1 ratio applies in certain relationships, such as between sons and daughters. In other situations, for example the fixed shares of the father and mother where the deceased left a son, men and women receive the same share.

Can someone change faraid shares with a wasiat?

A wasiat can only take effect up to one third of the net estate, and a wasiat in favour of an heir needs the consent of the other heirs. The faraid shares apply to the rest.

Who decides each heir's share?

The shares depend on who survives the deceased. They are confirmed by the Syariah Court, usually through a faraid certificate, or in the estate administration proceedings.

This article is general information only and is not a religious ruling or legal advice. Faraid shares depend on the particular family and are confirmed by the Syariah Court. For religious questions, refer to the relevant state religious authority.

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• Letter of Administration in Malaysia

• Grant of Probate vs Letter of Administration in Malaysia: Which One Applies?

• MyLand Malaysia System: Digital Innovation in Land and Estate Management

• ASCOLAW estate distribution service