Muslim Personal Law (Sharia) Succession & Share Calculator
Calculate exact statutory inheritance shares under the Muslim Personal Law (Shariat) Application Act 1937. Supports Sunni (Hanafi) and Shia (Ithna Ashari) rules, Wasiyat 1/3rd limits, Al-Awl scale-downs, and mandatory debt deductions.
Interactive Islamic Inheritance Share Calculator
Calculate exact Quranic shares (Zawi-l-Furud), Residuary division (Asabah), Wasiyat 1/3rd caps, and debt pre-deductions.
Step 1: Financial & Family Inputs
SUNNI MODEIncludes bank accounts, FDs, properties, gold, and investments.
Unpaid Mahr is treated as a senior debt on the estate and must be paid to the wife before inheritance distribution.
Sharia Legal Heir Allocation MatrixFormatted in INR (`en-IN`)
1/8th fixed Quranic share
1/6th Quranic share (children/siblings exist)
1/6th fixed Quranic share (male child exists)
Asabah bi-Ghayriha: Each son receives double a daughter's share
Asabah bi-Ghayriha: Inherits 1 part ratio alongside sons
Nominees in Bank FDs, Post Office Schemes (SCSS, MIS, KVP), and PPF act strictly as legal custodians under Indian law. They are bound to distribute maturity funds to the Sharia legal heirs listed above.
How Inheritance Works Under Muslim Personal Law (Shariat) Application Act 1937
Statutory Codification of Islamic Jurisprudence in India
In India, intestate succession for Muslims is governed by the Muslim Personal Law (Shariat) Application Act of 1937. Unlike Hindu personal law, Islamic law makes no distinction between ancestral property and self-acquired property. All assets owned by a deceased Muslim—whether land, residential property, cash deposits, gold, or business capital—are pooled together into a single estate known as the Matruka.
Under Sharia jurisprudence, property rights vest immediately in legal heirs upon the owner's death. However, before any distribution can be made to family members, the estate must undergo a mandatory four-stage liquidation order:
Tajheiz-o-Takfeen
Funeral, washing, shroud, and direct burial expenses.
Ada-e-Duyoon
Commercial debts, personal loans, and unpaid Mahr (Dower) to wife.
Tanfeez-e-Wasiyat
Execution of valid Will (capped at maximum 1/3rd of net remaining estate).
Taqseem-e-Tarkah
Distribution of remaining net estate among Sharia legal heirs.
Rules of Wasiyat (Will), Unpaid Mahr, and Estate Debts
1/3rd Limitation Rule & Legal Protection for Legal Heirs
The 1/3rd (33.33%) Wasiyat Cap
In Islamic jurisprudence, a testator does not possess absolute freedom to disinherit family members. A Muslim can bequeath a maximum of 1/3rd (one-third) of their net estate (after debts) to non-heirs, charities, or institutions.
Critical Exception: Any bequest exceeding 1/3rd or made in favor of an existing legal heir (e.g. favoring one son over another) is legally voidunless all other legal heirs give explicit consent AFTER the testator's death.
Unpaid Mahr as Unsecured Senior Debt
Under Muslim law, Mahr (Dower) promised to the wife is not a gift or customary gesture—it is an unconditional legal obligation and debt owed by the husband.
If the husband dies without paying Mahr, the widow has the legal status of an unsecured creditor against his estate. She is entitled to recover her full Mahr amount before any property is distributed to other heirs or Wasiyat beneficiaries.
Difference Between Sunni (Hanafi) and Shia (Ithna Ashari) Succession
Comparison of Legal Categories, Classes, Al-Awl, and Radd
| Feature / Legal Doctrine | Sunni (Hanafi Jurisprudence) | Shia (Ithna Ashari / Jafari) |
|---|---|---|
| Classification of Heirs | 3 Categories: Quranic Sharers (Zawi-l-Furud), Residuaries (Asabah), and Distant Kindred. | 3 Strict Classes (Class I, II, III). Class I completely excludes Class II & III. |
| Rights of Siblings | Brothers/Sisters inherit as Residuaries if no male lineal descendants or father exist. | Siblings belong to Class II and are 100% excluded if Class I (children/parents) exist. |
| Daughters without Sons | 1 Daughter = 1/2; 2+ Daughters = 2/3. Remaining residue goes to male agnates (e.g. uncles/nephews). | Daughters take initial 1/2 or 2/3, and ALL surplus residue returns (Radd) to daughters and parents. Uncles get 0. |
| Doctrine of Al-Awl | Recognized. Proportional scale-down applied if Quranic shares exceed 1.0. | Not Recognized. Deficit is deducted exclusively from daughter(s) or full sister(s). |
Bank FD & PPF Deceased Claims for Muslim Heirs
Nominee Rights vs Statutory Sharia Heirs (Supreme Court Rulings)
A major area of family disputes in India occurs when a deceased Muslim leaves bank fixed deposits (FDs), Public Provident Fund (PPF), Senior Citizen Savings Scheme (SCSS), or mutual funds with a single family member named as a "Nominee".
The Supreme Court of India in landmark rulings including Sarbati Devi v. Usha Devi (1984) and Indrani Wahi v. Assam Santha (2016) established clear jurisprudence:
Frequently Asked Questions (Muslim Inheritance Law)
Expert Answers to Common Legal Queries
Q1.What is the 1/3rd Wasiyat (Will) cap under Muslim Personal Law in India?
Under Islamic Law (Shariat Application Act 1937), a Muslim can only bequeath up to one-third (33.33%) of their net estate via a Will (Wasiyat) to non-heirs or charities. Any bequest exceeding 1/3rd or made in favor of an existing legal heir is void unless all other legal heirs consent to it after the death of the deceased.
Note: The 1/3rd limit protects legal heirs from being disinherited or cut out of inheritance.
Q2.Why do sons receive double the share of daughters in Islamic inheritance law?
In traditional Islamic jurisprudence, males carry the mandatory and exclusive legal burden to financially maintain the family, spouse, children, and elderly parents. In contrast, a Muslim female's inheritance and Mahr remain her 100% absolute personal property, with zero obligation to spend on household expenses.
Note: The 2:1 ratio balances mandatory financial obligations with property rights.
Q3.Does a Bank FD, PPF, or Post Office nominee inherit deceased Muslim property?
No. The Supreme Court of India (Sarbati Devi v. Usha Devi) has ruled that a nominee in a bank account, FD, PPF, or Post Office scheme is merely a legal trustee/custodian. The nominee is legally bound to distribute the funds to the Sharia legal heirs listed in the succession calculation.
Note: Nominees collect funds from the bank but cannot keep them if other legal heirs exist.
Q4.How is Unpaid Mahr (Dower) treated when a Muslim male dies?
Unpaid Mahr is classified as an unsecured senior debt (Matruka debt) on the deceased husband's estate. It must be paid to the surviving widow before calculating Wasiyat or distributing any inheritance shares to other heirs.
Note: Unpaid Mahr is paid first out of the estate just like commercial loans or hospital bills.
Q5.What is the difference between Sunni (Hanafi) and Shia (Ithna Ashari) succession in India?
Sunni (Hanafi) law categorizes heirs into Quranic Sharers (Zawi-l-Furud), Residuaries (Asabah), and Distant Kindred, applying doctrines like Al-Awl and Radd. Shia (Ithna Ashari) law organizes heirs into 3 strict Classes, where Class I (Parents and Direct Lineal Descendants) completely excludes Class II (Siblings and Grandparents).
Note: Shia law prioritizes children and parents over brothers and sisters.