If you are married, is your spouse alive?
Only a legal marriage results in entitlement to inheritance. A legal marriage is one recognized by the state of your residence. Generally, the United States recognizes an Islamic marriage contracted abroad if the marriage was legal and valid in that country.
Is your father alive?
Reminder: Non-Muslim relatives are not Islamic heirs. If your father is alive, but is not Muslim, answer "No" to this question.<br><br>
A non-Muslim father, or stepfather (whether Muslim or non-Muslim) or father of an illegitimate child are not Islamic heirs; therefore, they are not eligible to inherit automatically in the Islamic fixed share default system. The Sharia, however, grants you the right to leave them, if you wish, a discretionary bequest in your will as long as it does not exceed one-third of your estate.
Is your grandfather (your father's father) alive?
Paternal grandfathers are eligible to inherit, while maternal grandfathers are not.
Is your great-grandfather (your father's father's father) alive?
Paternal great-grandfathers are eligible to inherit, while maternal great-grandfathers are not.
Is your mother alive?
Reminder: Non-Muslim relatives are not Islamic heirs. If your mother is alive, but is not Muslim, answer "No" to this question.<br><br>
If your mother was not married to your father when you were born, according to Islamic law, you are entitled to inherit only from her and she is entitled to inherit from you. In other words, you inherit through the maternal line, not paternal line. A stepmother is not eligible to inherit, but you are free to leave her a specific bequest in your will as long as it does not exceed one-third of your estate.
Do you have any living grandmothers?
Is your paternal grandmother (your father's mother) alive?
Is your paternal great-grandmother (your father’s father’s mother) alive?
Is your paternal great-grandmother (your father’s mother’s mother) alive?
Is your maternal grandmother (your mother's mother) alive?
Is your maternal great-grandmother (your mother’s mother’s mother) alive?
Do you have children?
According to Sharīʿa, adopted children, stepchildren, and non-Muslim children are not automatic Islamic heirs and cannot inherit. A child outside of marriage does not inherit from his or her father; he or she only inherits from the mother's side. However, the father of a child outside of marriage is free to leave the child with a bequest.
How many sons do you have?
According to Sharīʿa, adopted children, stepchildren, and non-Muslim children are not automatic Islamic heirs and cannot inherit. A child outside of marriage does not inherit from his or her father; he or she only inherits from the mother's side. However, the father of a child outside of marriage is free to leave the child with a bequest.
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How many daughters do you have?
According to Sharīʿa, adopted children, stepchildren, and non-Muslim children are not automatic Islamic heirs and cannot inherit. A child outside of marriage does not inherit from his or her father; he or she only inherits from the mother's side. However, the father of a child outside of marriage is free to leave the child with a bequest.
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Do you have any grandchildren from a predeceased son?
Even if you answered that you do not have any children, it is important to confirm you do not have any grandchildren from a predeceased son. A child from a predeceased son - your grandchild - would have substantial impact on the Islamic inheritance results; for example, a grandson from a predeceased son would block siblings and others from inheritance. Note: Grandchildren from a predeceased daughter are NOT eligible to inherit from you.
How many grandsons do you have?
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How many granddaughters do you have?
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Do you have any great-grandchildren from a predeceased son and grandson (your son's son's son or your son's son's daughter)?
It is also important to confirm you do not have any great-grandchildren from a predeceased son and grandson. Like grandchildren, these great-grandchildren would have substantial impact on the Islamic inheritance results; for example, a great-grandson from a predeceased son and grandson would block siblings and others from inheritance. NOTE: A great-grandchild from a predeceased daughter is NOT eligible to inherit from you.
How many great-grandsons do you have?
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How many great-granddaughters do you have?
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If you do not follow a specific school, most people would select the majority school (al- Jumhūr).
What maḏhab (School of Law) do you follow?
Maḏāhib (maḏhab singular) are Sharīʿa doctrinal schools. In the 7th century, Muslim juristic knowledge started as study circles (halaqas) in which a pious Muslim scholar - surrounded by people - would debate religious issues and teach interested students. The knowledge and production of legal doctrine began in these circles that gave birth to the Maḏāhib (Sharīʿa doctrinal schools), which include the Ḥanafī, Shāfi’ī, Mālikī, and Ḥanbalī schools.
Do you have any living siblings?
Do you have any full siblings?
A full sibling is a brother or sister who shares the same father and the same mother with you.
Reminder: Non-Muslim relatives are not Islamic heirs. If you have any surviving siblings, but they are not Muslim, answer "No" to this question.
How many full brothers do you have?
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How many full sisters do you have?
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Do you have any paternal siblings?
A paternal sibling shares only a father with you.
Reminder: Non-Muslim relatives are not Islamic heirs. If you have any surviving paternal siblings, but they are not Muslim, answer "No" to this question.
How many paternal brothers do you have?
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How many paternal sisters do you have?
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Do you have any maternal siblings?
A maternal sibling shares only a mother with you.
Reminder: Non-Muslim relatives are not Islamic heirs. If you have any surviving maternal siblings, but they are not Muslim, answer "No" to this question.
How many maternal brothers do you have?
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How many maternal sisters do you have?
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Do you have any full nephews?
A full nephew is your full brother’s son. A full nephew from a full sister is not eligible to inherit from you. Nieces, whether full, paternal, or maternal, cannot inherit from you.
How many full nephews do you have?
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Do you have any paternal nephews?
A paternal nephew is your paternal brother’s son. A paternal brother is a brother who shares only a father with you; you have different mothers. A paternal nephew from a paternal sister is not eligible to inherit from you. Nieces, whether full, paternal, or maternal, cannot inherit from you.
How many paternal nephews do you have?
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Do any of your full nephews have any sons?
A full nephew is your full brother’s son. A full nephew from a full sister is not eligible to inherit from you. Nieces, whether full, paternal, or maternal, cannot inherit from you.
How many full nephew's sons do you have?
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Do any of your paternal nephews have any sons?
A paternal nephew is your paternal brother’s son. A paternal brother is a brother who shares only a father with you; you have different mothers. A paternal nephew from a paternal sister is not eligible to inherit from you. Nieces, whether full, paternal, or maternal, cannot inherit from you.
Do you have any paternal full uncles?
A paternal full uncle is your father’s full brother (they have the same father and mother).
How many paternal full uncles do you have?
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Do you have any paternal half uncles?
A paternal half uncle is your father’s paternal brother (they have the same father but different mothers).
Do any of your paternal full uncles have any sons (your full cousins)?
Your paternal full uncle is your father’s full brother. Your paternal full uncle’s son is your male full cousin. Female full cousins are not eligible to inherit from you.
How many full cousins do you have?
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Do any of your paternal half uncles have any sons (your paternal cousins)?
Your paternal half uncle is your father’s paternal brother, where they have the same father but not the same mother. Your paternal half uncle’s son is your paternal half cousin. Female paternal half cousins are not eligible to inherit from you.
How many paternal cousins do you have?
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Do any of your male full cousins have sons?
Your male full cousins are sons of your paternal full uncles (your father’s full brothers). Female full cousins and their children are not eligible to inherit from you.
How many full cousins' sons do you have?
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Do any of your male paternal cousins have sons?
Your male paternal cousins are sons of your paternal uncles (your father’s paternal brother, where they have the same father but different mothers). Female paternal cousins and their children are not eligible to inherit from you.
Do any of your male full cousins' sons have sons?
Your male full cousin is the son of your father’s full brother (the brothers have the same father and mother). His sons’ sons are your full cousin’s grandsons.
How many full cousins' grandsons do you have?
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Do any of your male paternal cousins' sons have sons?
Your male paternal cousin is the son of your father’s paternal brother (the brothers have the same father but different mothers). His sons’ sons are your paternal cousin’s grandsons.
How many paternal cousins' grandsons do you have?
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How many paternal cousins' sons do you have?
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How many paternal half uncles do you have?
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How many paternal nephew's sons do you have?
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1. Descendants of daughters: Show More
Children of your daughters and their children;
and Children of your son's daughters and their children.
2. Descendants of your father: Show More
Children of sisters (both full or paternal) and their children
Daughters of brothers (both full or paternal) and their children
Children of maternal brothers and their children
Daughters of male nephews (full and paternal) and their children
Maternal uncles – the decedent's father's brother from his mother, decedent father's uncle, decedent's grandfather's uncle from his mother, and their children;
Aunt (full, paternal, or maternal), including decedent's father's aunts or grandfather's aunts and their children;
Daughters of uncles (full, paternal, or maternal) and their children;
Daughters of the sons of uncles (full, paternal, or maternal) and their children;
Father's mother's father;
Mother's father's father's father;
Father's mother's mother's father's father;
Farther's mother's father's father's father;
Father's mother's mother's father;
Father's mother's father's father's mother's father;
Farther's mother's father's father;
Mother's mother's father's father's father;
Mother father's father's father's father;
Aunt's aunt (sharing father or sharing mother);
Father's uncle (sharing mother); and
Grandfather's uncle (sharing mother).
3. Descendants of your mother: Show More
Mother's siblings and their children (full, paternal, or maternal);
Mother's mother's siblings and their children (full, paternal, or maternal);
Father's mother's siblings and their children;
Father's aunts and uncles and their children;
Mother's aunts and uncles and their children;
Mother's father's father's father;
Mother's father's fathers' mother;
Father father's mother's mother;
Father's father's mother's mother's mother;
Mother's Father's mother;
Mother's father's mother's mother; and
Mother's father's father's mother.
Do you have any surviving Muslim relatives in the below categories?
Your answers indicate that you do not have any other surviving paternal Islamic heirs. The next and final eligible Islamic heir category is dhawūʾl l-arḥām. With no surviving Qur’anic heirs or taʿsīb heirs (residuary heirs), the Ḥanbalī, Ḥanafī, and Shāfi’ī maḏāhib (schools) will distribute the estate to dhawūʾl l-arḥām. The Mālikī madhab (school), on the other hand, will distribute the estate to the public treasury. Modern Mālikī scholars, however, have concluded that in the absence of a true Islamic government, such as in the United States, the estate will be distributed to dhawūʾl l-arḥām.
