Ownership & RightsInheritance Share
Synonyms: Heir's share، Fixed share (fard)، Statutory share
Last updated: 2026-09-25
Short Definition
An inheritance share is the portion of an estate, including real estate, due to each heir, either as a fixed Sharia share (a half, quarter, eighth, two-thirds, third or sixth) or as a residuary share of what remains, depending on kinship and which other heirs survive.
Overview
An inheritance share is the portion of an estate, including real estate, due to each heir, either as a fixed Sharia share (a half, quarter, eighth, two-thirds, third or sixth) or as a residuary share of what remains, depending on kinship and which other heirs survive.
The Personal Status Law (Royal Decree M/73 dated 6/8/1443H) lists the six fixed shares in Article 207 and their holders in Article 208. A husband inherits half if the wife has no descendant heir and a quarter if she has one (Art. 209); a wife inherits a quarter if the husband has no descendant heir and an eighth if he has one, with several wives sharing that portion (Art. 210). A daughter inherits half if alone and two-thirds if two or more when there is no son; with a son she inherits as a residuary, each male receiving twice a female's share (Art. 215). Where fixed shares exceed the estate they are reduced proportionally ('awl, Art. 230), and where a surplus remains with no residuary heir it returns to the fixed-share heirs other than the spouses (radd, Art. 231).
This corrects the common claim that 'a male always inherits double a female'. The two-to-one rule applies in the cases of residuary-through-another set out in Article 225, such as sons with daughters and full or paternal brothers with their sisters, whereas maternal half-siblings share one-third equally with no distinction between male and female (Art. 220), and parents have their own fixed shares. For real estate, shares are undivided in every part of the property and are recorded in the deed as fractions or percentages until partition or sale, and an heir may relinquish his share for consideration through a takharuj agreement documented before the competent authority (Arts. 243–244).
⚖️ Legal Basis
Heirs' shares are set by Articles 204–242 of the Personal Status Law (Royal Decree M/73 dated 6/8/1443H), including Article 207 on the six fixed shares, Articles 209–210 on the husband's and wife's shares, Article 215 on the daughter's share, Article 220 on the equal shares of maternal half-siblings, Article 225 on residuaries through another, and Articles 230–231 on 'awl and radd. Articles 243–245 regulate takharuj (relinquishment of a share), and Article 619 of the Civil Transactions Law (Royal Decree M/191 dated 29/11/1444H) sets the undivided-ownership rules that apply to heirs until partition.
💡 Practical Example
Mohammed dies leaving a wife, a son and two daughters; his parents predeceased him. He leaves a villa worth SAR 2,400,000, an apartment worth SAR 600,000 and SAR 300,000 in cash, with a debt of SAR 200,000 and a will of SAR 100,000 to a charity. The debt and the will are paid from the cash, leaving the heirs the two properties worth SAR 3,000,000. The wife takes one-eighth because there are children: SAR 375,000. The remaining SAR 2,625,000 is split into four units (two for the son, one for each daughter), each worth SAR 656,250: the son receives SAR 1,312,500 and each daughter SAR 656,250. Both properties are registered in their names as undivided co-owners at: wife 12.5%, son 43.75% and each daughter 21.875%.
⚠️ Common Mistakes
- ✗Applying the 'male gets twice the female' rule to every case; maternal half-siblings share equally, and parents and spouses have fixed shares.
- ✗Calculating shares on the property's gross value before deducting debts and the will.
- ✗Overlooking that a wife's share shifts between a quarter and an eighth depending on descendant heirs, and that several wives share one portion.
- ✗Making an oral takharuj among heirs without documenting it before the competent authority as Article 243 requires.
- ✗Allocating portions in kind (a room or floor per heir) without a lawful partition, while ownership remains undivided on the deed.
🌍 International Differences
Fixed Sharia shares are broadly the same in countries applying Islamic inheritance rules, such as the UAE and Egypt, with detailed differences between schools and codes. Turkey divides estates under its Civil Code equally between sons and daughters and gives the surviving spouse a share that varies with the class of heirs. In common-law countries, the will usually determines shares and there are no compulsory fixed shares in the Islamic sense.
FAQs
Does a male always inherit twice a female's share?▾
No. The two-to-one rule applies to residuaries through another, such as sons with daughters and full brothers with their sisters, under Article 225 of the Personal Status Law. Maternal half-siblings share one-third equally with no distinction under Article 220.
How much does a wife inherit from her husband's property?▾
A wife inherits a quarter of the estate if the husband has no descendant heir and an eighth if he has one, with several wives sharing that portion under Article 210. The share is calculated after debts are paid and the will is executed.
How much does a daughter inherit if she has no brother?▾
One daughter inherits half and two or more daughters two-thirds when the deceased has no son, under Article 215. Any surplus may return to them if there is no residuary heir.
What happens if the fixed shares exceed the estate?▾
The estate undergoes 'awl: the fixed-share heirs' portions are reduced in proportion to their shares under Article 230 of the Personal Status Law. If a surplus remains with no residuary, it returns to the fixed-share heirs other than the spouses.
What is takharuj and must it be documented?▾
Takharuj is an agreement by which an heir gives up all or part of his share in exchange for a specified item from the estate or from outside it, and it must be documented before the competent authority under Article 243. An heir who settles with another heir takes his place in that share.
