Forced Heirship
Pronunciation: FORCED HEIR-ship
A civil-law rule (notably in Louisiana) reserving a portion of the estate for specific children — limiting testamentary freedom.
Definition
A legal rule, primarily of civil-law (Roman-law) origin, that reserves a portion of a deceased person's estate for specific heirs (usually children) and limits the deceased's ability to disinherit them. In the United States, Louisiana is the only state with forced heirship — significantly narrowed by 1996 constitutional amendment, but still binding for children under 24 or with disabilities (Louisiana Civil Code arts. 1493–1495).
For Muslim families in Louisiana, the interaction between civil-law forced heirship and Faraid is generally favorable: both regimes reserve shares for children, and a properly drafted Islamic will can align them. For Muslim families everywhere else, forced heirship is mostly relevant as a comparison: U.S. law lets you disinherit children, but Islam does not.
Related Terms
Faraidفرائض
Islamic inheritance law prescribing fixed shares for heirs based on Quranic guidelines.
Wasiyyahوصية
An Islamic will — allowing a Muslim to bequeath up to one-third of their estate outside the fixed inheritance shares.
Elective Share
The U.S. state-law right of a surviving spouse to claim a fixed portion of the deceased spouse's estate — overriding any will.
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Forced Heirship — A civil-law rule (notably in Louisiana) reserving a portion of the estate for specific children — limiting testamentary freedom. A legal rule, primarily of civil-law (Roman-law) origin, that reserves a portion of a deceased person's estate for specific heirs (usually children) and limits the deceased's ability to disinherit them. In the United States, Louisiana is the only state with forced heirship — significantly narrowed by 1996 constitutional amendment, but still binding for children under 24 or with disabilities (Louisiana Civil Code arts.
- A civil-law rule (notably in Louisiana) reserving a portion of the estate for specific children — limiting testamentary freedom.
- Category: Estate Planning
- Related: Faraid, Wasiyyah, Elective Share
- Compare related Shariah-compliant products on HalalWallet
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Last reviewed: 2026-05-01
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