Clarification on Inheritance Rights and Will According to Islamic Law

Clarification on Inheritance Rights and Will According to Islamic Law

By: Dr Mohammad Akram Nadwi
Oxford

Question:
As-salāmu ʿalaykum wa raḥmatullāh,
My husband and his brother inherited their father’s property equally. His brother now claims that since we have no son, his own son is entitled to half of my husband’s share. We have two daughters—one married, the other still studying—and rely on rent income as my husband is currently unemployed. I would like to know, according to Islamic law, does my husband’s nephew have any right to his property? Can my husband write a will in favour of our daughters, or gift property to them or me during his lifetime? He avoids giving me anything out of fear that my siblings, though wealthy and settled abroad, might claim it—though that is not the case. I kindly request your guidance on this matter. May Allah reward you.

Answer:
Wa ʿalaykum as-salām wa raḥmatullāhi wa barakātuh,
Regarding your concern, Islamic inheritance law (al-mīrāth) is based on the Qur’ān, Sunnah, and consensus of scholars, and it outlines specific shares for each eligible heir. According to these laws, your husband’s nephew—that is, his brother’s son—has no right or entitlement to your husband’s property either during his lifetime or after his death, as long as your husband has children of his own, even if they are only daughters.
Islam makes no distinction in entitlement between sons and daughters in terms of legitimacy of inheritance; while the shares differ, daughters are direct heirs and receive a guaranteed portion from their father’s estate. The Qur’ān clearly states:
“Allah commands you regarding your children: for the male, a share equal to that of two females…” (Sūrah al-Nisāʾ 4:11).

In the absence of sons, two or more daughters are collectively entitled to two-thirds of the estate. The remaining portion would then be distributed to other eligible relatives—such as the husband’s siblings—only if no closer heirs (like parents or children) exist at the time of death.

A nephew is considered a residuary heir (ʿaṣaba) only in the absence of children, parents, and sometimes siblings. Therefore, in your case, where your husband has two living daughters, his brother’s son is not an heir and has no Sharīʿah-based claim to any part of your husband’s share of inherited property. Any statement suggesting otherwise is rooted in cultural beliefs or misunderstandings, not Islamic law.

As for writing a will, Islam permits bequests of up to one-third of one’s estate to non-heirs, such as distant relatives or for charitable purposes. However, it is not permitted to write a will in favour of direct heirs, like daughters or a wife, since their shares are already fixed in the Qur’ān. That said, your husband is fully entitled to gift property to you or your daughters during his lifetime, as long as the gift is genuinely given and fairly distributed. Unequal gifts among children are discouraged unless there is a justified reason, and the gift must be transferred in reality, not just in promise.

Your husband’s reluctance to give you anything in your name due to fear of claims from your siblings is, in principle, unnecessary, especially if your siblings are not in need and pose no such risk. Islam promotes trust and compassion between spouses, and your feelings in this matter are entirely valid. Ownership in your name does not mean the property leaves the family, and such decisions should be based on justice and good intention, not fear.

In summary, your daughters are rightful heirs, your nephew has no claim, a will cannot be written in favour of heirs, but gifts during life are permissible. Giving to family and the needy is encouraged, and no one will be wronged under Allah’s justice. I pray that Allah brings peace and fairness to your household.
Was-salāmu ʿalaykum wa raḥmatullāhi wa barakātuh.

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