What Is the Inheritance Share of a Wife?


Shafi'i Fiqh

Answered By Shaykh Dr. Muhammad Fayez Awad

Question

What is the share of wives in inheritance?

Answer

Praise be to Allah, Lord of the worlds, and peace and blessings be upon His noble messenger, his Family, and all his Companions.

Allah (Most High) has clearly and specifically explained the share of a wife or wives upon the death of the husband. Their share is either one-quarter or one-eighth.

No Surviving Offspring

The wife’s (or wives’) share of the husband’s inheritance is one-quarter if the husband has no surviving offspring (whether a son, daughter, son’s son, or daughter’s son).

Surviving Offspring

If the husband has surviving offspring, the wife’s (or wives’) share of the inheritance is one-eighth.

There is no distinction between whether the surviving offspring is male or female, whether it is a son, son’s son, daughter, or daughter’s son. [Mardini, Sharh al-Rahbiyya]

Quranic Verse

The evidence for this is the verse in which Allah (Most High) says:

“But if they have children, then ˹your share is˺ one-fourth of the estate—after the fulfilment of bequests and debts. And your wives will inherit one-fourth of what you leave if you are childless. But if you have children, then your wives will receive one-eighth of your estate—after the fulfilment of bequests and debts.” [Quran, 4:12]

The share of the wives is divided equally among them, as clearly stated in the noble verse.

We ask Allah to grant us the understanding of our religion, to teach us what benefits us, and to benefit us with what He has taught us. Indeed, He is the Guardian of that and capable of it. And all praise is due to Allah, Lord of all the worlds.

[Shaykh] Dr. Muhammad Fayez Awad

Shaykh Dr. Muhammad Fayez Awad, born in Damascus, Syria, in 1965, pursued his Islamic studies in the mosques and institutes of Damascus. A graduate of the Islamic University of Medina in 1985, he holds a Ph.D. in Islamic Studies from Bahauddin Zakariya University in Pakistan.

He has extensive experience developing curricula and enhancing the teaching of various academic courses, including conducting intensive courses. Shaykh Awad has taught Fiqh, Usul al-Fiqh, Quranic sciences, the history of legislation, inheritance laws, and more at several institutes and universities such as Al-Furqan Institute for Islamic Sciences and Majma‘ al-Fath al-Islami in Damascus.

He is a lecturer at the Sultan Muhammad al-Fatih Waqf University in Istanbul, teaching various Arabic and Islamic subjects, and teaches at numerous Islamic institutes in Istanbul. Shaykh Awad is a member of the Association of Syrian Scholars, a founding member of the Zayd bin Thabit Foundation, a member of the Syrian Scholars Association, and a member of the Academic Council at the Iman Center for Teaching the Sunna and Quran.

Among his teachers from whom he received Ijazat are his father, Shaykh Muhammad Muhiyiddin Awad, Shaykh Muhiyiddin al-Kurdi, Shaykh Muhammad Karim Rajih, Shaykh Usama al-Rifai, Shaykh Ayman Suwaid, Shaykh Ahmad al-Qalash, Shaykh Muhammad Awwama, and Shaykh Mamduh Junayd.