We have confirmed many times the fact that in Islam the individual has free will. Islam provides principles that are recommended to be followed, but leaves it to the free will and conscience of the individual to follow them. If there was no free will, there would be no basis for afterlife punishment. On the basis of these principles, contracts and agreements are concluded between people. The principles form social norms and from these norms the jurists (Fuqaha) derive the applied law (Fiqh), which is the legal mean of worldly sanctions.

However, there are events in life that Islam does not leave - in whole or in part -, to the free will of the individual. One of these is the inheritance This is explained by the fact that in case of inheritance, the disposition of a person, i.e., the legator, can affect the future of the whole family, even if the legator is no longer can control his/her free will, due to old age, influences, dementia, or individual temper. Therefore, Allah (SWT) 2/3 partially deprives the legator of his right of disposition and only 1/3 of the estate which is left is distributed according to the free will of the legator. So, the procedure “according to my wish” under Islamic rules does not cover the entire legacy.

When analyzing the law of inheritance, one can easily make mistake if he/she looks at it only from the point of view of the individual and not the whole of society. Apparently, we consider priorities to be discovered when we see that the allowance of direct descendants or men is bigger than that of the ascendants and women. This is true if we take cases out of life-context. If, on the other hand, we put it in a life environment, we see that descendants have their life ahead of them, so they need extra funding to start and sustain life, more than the ancestors, whom descendants also have to support. And the extra legacy given to men obliges them to carry out the tasks assigned to them, which include looking after and supplying the family, protecting the land, the home, and paying the mandatory taxes from which women are exempt. That issue also includes the dowry required from men at marriage. So, men do not have complete freedom over the inheritance. Women’s inheritance is considered entirely their private property, they can open their own businesses, invest, donate, and are not required to perform the tasks that Islam indicates as mandatory for men.

Heirs can only be blood relatives or spouses of a marriage contracted according to Islamic rules. So, adopted children and lovers, life partners, are not subjects of inheritance. In the early period of Islam, it was still permissible to follow the old traditions. Ansars (helpers, patrons, recipients)) could inherit from Muhajirins (refugees), and vice versa, but this was abolished with the consolidation of the Islamic State in Medina. Pure law-enforcement is possible only under transparent and orderly human relations.

Guardianship is included to the subjects of inheritance, so both guardian and person under guardianship may be subject to probate proceedings.

To be subject of Islamic law is also a condition. From a legal point of view, Islam is not merely a custom of going to a mosque, but of following a legal order prescribed by the Sharia. So, the rules of inheritance live only among Muslims.

Before the heritage is divided, the debts, burdens (if any!) and funeral expenses must be deducted as a matter of priority. Only after deducting these costs can start the calculation of the portions.