What is Faraid?

What does Faraid mean in Islam?

Faraid is the section of Muslim inheritance law that deals with the distribution of the estate of a deceased person among his or her heirs. The word comes from Arabic farḍ (فرض), meaning a fixed or obligatory share.

Distribution of inheritance (Meeras / Wirasat) carries a special place in Islam and is an integral component of the Muslim faith and Sharia Law. The Quran has mentioned different shares over the matters of Islamic inheritance, setting precise fractions for each eligible heir.

Importance of Learning Faraid

The Qur'an and Hadith place great emphasis on the knowledge of Meerath. Every Muslim must know what is Faraid. Rasulullah ﷺ exhorted much the acquisition and teaching of Ilmul Faraid. In this regard he said:

"I shall be taken away. Learn Faraid and teach it (to others). The time is near for the door of Wahi to be closed. The time for the disappearance of knowledge will dawn when two persons will dispute regarding a necessary mas'alah (deeni question) and they will find no one to decide the dispute."

Speaking on the virtues of Faraid, Rasulullah ﷺ also said:

"O people! Learn Faraid. It is half of knowledge."

In view of its importance, inheritance knowledge is described as 'half of knowledge'. Regarding its disappearance, Rasulullah ﷺ predicted: "The first branch of knowledge which will be taken away from my Ummah will be Ilmul Faraid."

Four Duties When a Muslim Dies

Inheritance is an integral part of Shariah Law. Muslims inherit from one another as stated in the Quran (4:7). When a Muslim dies, there are four duties which need to be performed in order:

1. Funeral & burial expenses — paid from the estate first.
2. Debts of the deceased — all outstanding debts must be settled.
3. Will (Wasiyyah) — honoured up to one-third of the remaining estate.
4. Distribution — the remainder is distributed among heirs according to Sharia.

Two Key Restrictions on the Testator

Islamic law places two restrictions on the testator (the person who makes a will):

• To whom — a bequest cannot be made to an heir who is already entitled to an inheritance share.
• How much— a bequest must not exceed one-third of the deceased's net estate.

Different Types of Heirs in Faraid

Heirs referred to as primary heirs are always entitled to a share of the inheritance — they are never totally excluded. Primary heirs consist of the spouse, both parents, sons and daughters. All remaining heirs can be excluded by the presence of closer relatives. Those who inherit are categorised into three groups: