Islamic inheritance: spouse with children

The most common case: when the deceased leaves a surviving spouse and children.

Quick summary

Wife (if deceased is male)1/8

Husband (if deceased is female)1/4

Children (sons and daughters)The rest

Rule : Sons receive double the share of daughters.

Calculate this case

Detailed explanation

When a person dies leaving a spouse and children, the distribution of the estate follows precise rules established by the Quran (Surah An-Nisa, verse 12).

Spouse's share

The presence of children (or grandchildren) reduces the surviving spouse's share:

The wife receives 1/8 instead of 1/4
The husband receives 1/4 instead of 1/2

Children's share

Children share the rest of the estate according to the rule of double for the son:

If there are only sons, they share equally
If there are only daughters: 1 daughter = 1/2, 2+ daughters = 2/3
If there are sons and daughters: son gets 2 parts, daughter gets 1 part

Numerical example

A man dies leaving €120,000, a wife, 2 sons and 1 daughter:

Calculation for €120,000

Wife (1/8)15 000 €

Rest for children105 000 €

Calculation: 2 sons × 2 parts + 1 daughter × 1 part = 5 parts

1 part = 105,000 ÷ 5 = €21,000

Each son (2 parts)42 000 €

Daughter (1 part)21 000 €

Frequently asked questions

What is the spouse's share when there are children?

The wife receives 1/8 of the estate, the husband receives 1/4 when there are children.

How do children share?

Sons receive double the daughters' share. They share the rest after the spouse's share.

What do parents receive if children inherit?

Father and mother each receive 1/6 when there are descendants.