Faraid
فرائض
Pronunciation: fah-RAH-id
Islamic inheritance law prescribing fixed shares for heirs based on Quranic guidelines.
Definition
Islamic inheritance law. A system of fixed shares that dictates how a deceased Muslim's estate is distributed among heirs. Designated shares go to the spouse, children, parents, and siblings according to Quranic guidelines (primarily Surah An-Nisa, 4:11-12).
The system ensures wealth is distributed broadly rather than concentrated. In the U.S., a valid Islamic will (wasiyyah) is typically needed to ensure Faraid compliance, as state intestacy laws follow different distribution rules. Providers like ShariaWiz offer Faraid-compliant estate plans.
How Faraid Works in Practice
Faraid — from the Qur'anic word for 'ordained shares' — is Islam's fixed inheritance system, laid out with unusual mathematical precision in Qur'an 4:11, 4:12, and 4:176. Spouses, parents, children, and in some cases siblings each receive defined fractions: a husband takes 1/4 of his wife's estate if she leaves children (1/2 if not); a wife takes 1/8 or 1/4; each parent of the deceased takes 1/6 when there are children; and children share the residue with sons receiving twice a daughter's share (an allocation tied to men's support obligations under nafaqah).
The shares apply after debts, funeral costs, and any bequest (wasiyyah) — which is capped at one-third and cannot go to Qur'anic heirs. The practical problem for American Muslims is that no U.S. state applies Faraid by default: die intestate and state law typically gives everything to the spouse or splits it in non-Islamic proportions.
Implementing Faraid therefore requires a valid will or trust drafted to state formalities, plus attention to assets that bypass wills entirely — 401(k) and IRA beneficiary designations, joint accounts with survivorship, and community property. Tools like a Faraid calculator help, but scholars and attorneys both recommend professional drafting for blended families, since Faraid shares shift with each combination of surviving heirs.
Research referencing Faraid
Human-reviewed research briefs in the HalalWallet library that discuss Faraid.
Mahr as a debt of the estate — Quran 4:11 and probate enforceability
Quran 4:11 instructs that debts and bequests are paid from the gross estate before Faraid distribution. Classical fiqh treats the unpaid portion of the mahr as a debt the husband owes his wife — making it the first claim on his estate at death. This protection is largely lost in U.S. probate when the mahr is undocumented.
Quran 4:11 + classical fiqh + U.S. probate practice · 2026-05-20
Washington intestacy law for Muslim families — primary source data
Washington is a community-property state. A spouse and children: spouse takes all community property and half of separate property; children take half of separate property. A spouse and parents: spouse takes all community property and 3/4 of separate property; parents take 1/4 of separate property.
Revised Code of Washington Title 11, Ch. 11.04
New York intestacy law for Muslim families — primary source data
New York is an equitable-distribution state. A spouse and children: spouse takes the first $50,000 plus half of the balance; descendants take the rest. A spouse but no children: spouse takes everything. Parents excluded when children survive.
New York Estates, Powers & Trusts Law § 4-1.1
New Jersey intestacy law for Muslim families — primary source data
New Jersey is an equitable-distribution state. A spouse with shared children and no other-relationship children inherits everything. A spouse with shared children but the spouse has children from another relationship: spouse takes 1/4 (between $50K and $200K) plus 1/2 of the balance; your children take the rest.
New Jersey Statutes Annotated 3B:5-1 to 3B:5-14.1
Florida intestacy law for Muslim families — primary source data
Florida is an equitable-distribution state with a 30% elective share. A spouse with shared children only inherits everything. A spouse with children from outside the marriage: spouse takes 1/2 of intestate property; children take 1/2. Parents excluded when children survive.
Florida Statutes §§ 732.101 to 732.111
California intestacy law for Muslim families — primary source data
California is a community-property state with elaborate intestacy rules. A spouse and one child split separate property 50/50; spouse takes all community property. With two or more children, spouse takes 1/3 of separate property and children take 2/3.
California Probate Code §§ 6400-6414 + §§ 100-101
Related Terms
Wasiyyahوصية
An Islamic will — allowing a Muslim to bequeath up to one-third of their estate outside the fixed inheritance shares.
Waqfوقف
An Islamic endowment — assets permanently dedicated to a charitable purpose.
Mirathميراث
Islamic inheritance — the transfer of wealth from a deceased Muslim to rightful heirs according to Shariah.
ʿAsaba (Residuary Heirs)عصبة
Residuary heirs in Islamic inheritance who take whatever remains after the fixed-share heirs are paid.
Radd (Return)رد
The return of a leftover surplus to the fixed-share heirs when no residuary heir exists.
ʿAwl (Proportional Reduction)عول
Proportional reduction of inheritance shares when the fixed fractions add up to more than the whole estate.
Hajb (Blocking)حجب
The rule in Islamic inheritance by which a nearer heir reduces or excludes a more distant one.
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Further Reading
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Faraid (فرائض) — Islamic inheritance law prescribing fixed shares for heirs based on Quranic guidelines. Islamic inheritance law. A system of fixed shares that dictates how a deceased Muslim's estate is distributed among heirs.
- Islamic inheritance law prescribing fixed shares for heirs based on Quranic guidelines.
- Category: Estate Planning
- Related: Wasiyyah, Waqf, Mirath, ʿAsaba (Residuary Heirs), Radd (Return), ʿAwl (Proportional Reduction), Hajb (Blocking)
- Compare related Shariah-compliant products on HalalWallet
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This page is reviewed against HalalWallet editorial standards and source documentation.
Reviewed by: HalalWallet Editorial Team
Last reviewed: 2026-08-01
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