First: debts, funeral and bequest
Before anything is divided, pay the funeral costs and all debts, including any unpaid mahr. A bequest (wasiyyat) can then be paid, up to one third of what remains, and not to someone who is already a legal heir unless the other heirs agree.
The fixed shares
| Heir | Share |
|---|---|
| Husband | ½ if no children, ¼ if there are children |
| Wife (or wives together) | ¼ if no children, ⅛ if there are children |
| Mother | ⅙ if there are children or two or more siblings, otherwise ⅓ |
| Father | ⅙ if there are children (plus the remainder if there are only daughters) |
| Daughters (no son) | ½ for one, ⅔ shared by two or more |
| Full sisters (no son, father or brother) | ½ for one, ⅔ for two or more |
The remainder: residuary heirs
Whatever is left after the fixed shares goes to the residuary heirs in this order: sons and daughters (a son gets twice a daughter's share), otherwise the father, otherwise brothers and sisters (again 2 : 1). Sisters who inherit alongside daughters also take the remainder.
Example: a man leaves a wife, one son and one daughter
The wife gets ⅛ (12.5%) because there are children. The remaining ⅞ is split 2 : 1, so the son gets 58.33% and the daughter 29.17%.
When shares don't add up: 'awl and radd
'Awl happens when the fixed shares add up to more than the whole estate. A well-known case: a wife (⅛), father (⅙), mother (⅙) and two daughters (⅔) add up to 27/24. Every share is reduced in proportion, so the daughters get 16/27 instead of 16/24.
Radd happens when there is something left but no residuary heir, for example a mother (⅙) and one daughter (½). The leftover ⅓ is returned to them in proportion, giving the mother 25% and the daughter 75%. The spouse does not share in radd.
Getting it done legally
To transfer property, bank balances or vehicles, the heirs need a succession certificate or Letter of Administration from the court (or the NADRA succession facility where available). Shia (Jafari) rules differ in places, and cases with grandchildren, grandparents or half-siblings need a scholar's advice.