Common Ground: The Quranic Fixed Shares
Every school of Islamic jurisprudence derives its inheritance rules from the same Quranic verses, primarily Surah An-Nisa 4:11-12 and 4:176. The fixed shares (fard) are identical across schools: a wife receives 1/8 when children exist and 1/4 when they don't; a husband receives 1/4 with children and 1/2 without; a daughter receives 1/2 as the sole child, and 2/3 when two or more daughters exist. These shares are unanimously agreed upon and form the foundation of Islamic inheritance.
Residuary (Asaba) Distribution
Where schools work out more detail is in the treatment of residuary heirs (asaba): sons, then father, then full brothers, then half-paternal brothers, in a defined order of priority. Most schools follow substantially the same order, with nuanced differences in how distant male relatives are ranked, and in the treatment of one specific, well-documented scenario: the grandfather-and-siblings case, known classically as the 'grandfather problem' (mas'ala al-jadd).
The Grandfather-Siblings Question (Mas'ala al-Jadd)
This is one of the most consequential questions for Indian families with a surviving grandfather and siblings. One classical position, held by Abu Hanifa, is that a grandfather completely blocks all siblings (full, half-paternal, and half-maternal), based on the analogy that the grandfather stands in the position of the father. Another classical position, Imam al-Shafi'i's preferred opinion, has the grandfather share with siblings through a process called muqasama (sharing): the grandfather takes the better of 1/3 of the estate, 1/6 of the estate, or an equal share alongside the siblings. Which position governs your family's estate depends entirely on which school you select, which is why Wasiyat asks for it before running this calculation.
Radd (Surplus Redistribution)
When total fixed shares amount to less than the full estate, the surplus must be redistributed, and schools differ on who benefits. Under one documented position, the surplus goes to all fixed-share heirs except the spouse. Under another, classical scholars held that there is no radd at all: the surplus goes to the bait al-mal (public treasury). In the absence of a functioning bait al-mal (the common situation in India), the prevailing modern position converges toward returning it to the fixed-share heirs, and some scholars include the spouse.
Zakat on Worn Jewelry
While not strictly an inheritance issue, this difference has a significant financial impact. One documented position holds that all gold and silver, including worn personal jewelry, is subject to Zakat if it meets the nisab threshold. Another position exempts personal-use jewelry from Zakat entirely. For Indian Muslim families, where gold jewelry is a major component of family wealth, this difference can amount to thousands of rupees annually.
Practical Guidance for Indian Families
When using Wasiyat, selecting the correct school for your family ensures that all calculations, from inheritance shares to Zakat obligations, follow the jurisprudence your family actually follows. If you're unsure which school applies to your family, consult your local alim or imam before finalising your plan.