Inheritance Distribution Between Spouse and Parents Under Islamic Law (Farāʾiḍ)

In Islamic law (Sharīʿah), inheritance (farāʾiḍ) is governed by a detailed and specific set of rules derived primarily from the Qur’ān and Sunnah. When a Muslim passes away and is survived only by a spouse and parents (and there are no children/heirs of a lower generation, such as grandchildren), the Qurʾānic shares (farḍ) and residual shares (ʿaṣabah) come into play.

Below is a general overview for the most common scenarios—however, keep in mind that other relatives (like siblings) or other factors (e.g., the existence of a will within one-third permissible bequest, debts, etc.) can affect these allocations. Also note that different schools of Islamic jurisprudence (Ḥanafī, Mālikī, Shāfiʿī, Ḥanbalī, and Jaʿfarī) can have small variations in their interpretations.

1. Scenario: Deceased Leaves a Spouse, Father, and Mother (No Children, No Siblings)

Spouse
- If husband dies and leaves a wife (no children), the wife receives 1/4 of the estate.
- If wife dies and leaves a husband (no children), the husband receives 1/2 of the estate.
Mother
- In the absence of any children (or grandchildren through sons), and with no siblings of the deceased, the mother’s share is 1/3 of the estate.
Father
- The father is considered an ʿaṣabah (residuary heir). After the spouse’s fixed share and the mother’s fixed share have been distributed, the father receives the remainder of the estate.

Calculation Example (Husband Dies, Survived by Wife, Mother, Father, No Children, No Siblings)

The total estate is conceptually divided to accommodate each fraction easily (for instance, use 12 as a common multiple).
The wife takes 1/4 → 3 parts (out of 12).
The mother takes 1/3 → 4 parts (out of 12).
The father takes the remainder → 12 − (3 + 4) = 5 parts.

Hence, the ratio of distribution is:

Wife: 3/12
Mother: 4/12
Father: 5/12

2. Scenario: Deceased Leaves Spouse and One or Both Parents Plus Other Heirs

If the deceased is also survived by children (or other heirs like siblings), the spouse’s and parents’ shares adjust accordingly:

Spouse with children:
- Wife receives 1/8 if there are children.
- Husband receives 1/4 if there are children.
Mother with children (or two or more siblings):
- She receives 1/6 instead of 1/3.
Father with children:
- He typically receives 1/6 as a fixed share, and may take any remainder as ʿaṣabah after certain other shares are deducted.

These rules can become more intricate when combining multiple heirs (e.g., siblings, grandparents, grandchildren, etc.), so one must carefully calculate based on all surviving relatives.

3. Important Considerations

Debts and Funeral Expenses: Islamic law mandates that the estate first covers any outstanding debts of the deceased and necessary funeral/burial expenses before distribution to heirs.
Wasiyyah (Bequest): The deceased may leave a will (wasiyyah) for up to one-third of the estate to non-heirs or charitable causes. This portion is executed only after debts/funerals are paid but before the farḍ shares are distributed. Importantly, a wasiyyah generally cannot go to Qurʾānic heirs (e.g., spouse, parents, children) unless the other heirs consent.
Local Laws and Schools of Thought:
- Different madhhabs (schools) can have minor variations in how they interpret or apply certain inheritance principles (especially in more complex scenarios).
- If you live in a country where secular inheritance laws apply, those statutes might override or modify inheritance distribution unless specifically structured through an Islamically valid will or recognized structure.

4. Practical Steps

Identify All Heirs: Make a clear, exhaustive list of who is surviving: spouse, parents, children, siblings, grandchildren, etc.
Deduct Debts and Expenses: Pay off any outstanding obligations of the deceased (loans, funeral, etc.).
Apply the Wasiyyah (up to one-third, if present).
Distribute Fixed Qurʾānic Shares: Spouse and parents often have fixed (farḍ) shares: 1/2, 1/4, 1/8 for spouse, 1/3 or 1/6 for mother, and 1/6 for father when children exist, etc.
Allocate Any Remainder (ʿaṣabah) to those who inherit residually (e.g., father, children, or other male relatives who qualify as ʿaṣabah).

Because inheritance in Islam can be quite detailed—especially when there are multiple heirs—Muslim scholars and specialized lawyers use established step-by-step calculations to ensure accuracy.

Disclaimer

This overview is a general guide and does not substitute for personalized legal or scholarly advice. If you are managing a real-life inheritance matter:

Consult a qualified Islamic scholar (mufti) experienced in Islamic inheritance law.
Check with a lawyer knowledgeable about both local civil laws and Sharīʿah-based estate planning to ensure all legal requirements are met in your jurisdiction.

Summary:

Where there are no children and the only heirs are a spouse, father, and mother, the spouse receives their Qurʾānic share (1/4 for a widow, 1/2 for a widower), the mother typically gets 1/3 (in the absence of siblings), and the father takes the remainder.
If additional heirs exist—children, siblings, grandchildren, etc.—the shares for each party adjust accordingly.

Always verify the specific details of each case with a qualified expert to avoid errors in distribution.