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The difference between inheritance under German law (Erbfolge under the BGB) and Islamic inheritance (Farāʾiḍ)
When a Muslim living in Germany passes away, the question of how the estate is to be distributed arises automatically. The heirs often find themselves standing at a crossroads:
Should the German rules of succession (Erbfolge under the BGB) be applied? Or is it possible to implement the Islamic rules of inheritance (Farāʾiḍ)?
This article explains the essential differences between the two systems and shows how a Muslim can reconcile them in practice.
1. What is Erbfolge under German law?
Erbfolge is a legal term referring to the order in which an estate passes to the heirs under the German Civil Code (Bürgerliches Gesetzbuch – BGB) when no will (Testament) exists.
This system of distribution is known as “statutory succession” (gesetzliche Erbfolge).
2. What is the Islamic Farāʾiḍ system?
Farāʾiḍ is a technical term in Islamic jurisprudence describing the distribution of an estate according to the explicit rules laid down in the Qur’an and the Sunna. The estate is divided according to fixed shares and a specific hierarchy, and it is not permitted to deviate from this structure, except within a very narrow framework – for example via a will (waṣiyya) limited to one third of the estate.
3. Detailed comparison between Erbfolge and Islamic inheritance
| Aspect | German law (Erbfolge) | Islamic law (Farāʾiḍ) |
|---|---|---|
| Legal source | §§ 1922–2385 BGB | Qur’an, Sunna, scholarly consensus (Ijmāʿ) |
| Spouse | Inherits 1/2 if there are no children, 1/4 if there are | Husband: 1/2 or 1/4 – Wife: 1/4 or 1/8 |
| Children | Inherit equally, regardless of gender | “For the male, the share of two females” |
| Parents | Inherit equally alongside children | Each parent receives one sixth when children exist |
| Siblings | Inherit only if there are no children and no parents | Inherit based on a strict hierarchy after the fixed-share heirs |
| Grandchild (son’s son) | Does not inherit if children of the deceased are alive | May inherit depending on the specific configuration and rank |
| Will (Testament) | Free as long as the compulsory share (Pflichtteil) is not infringed | Limited to one third of the estate without heirs’ consent |
| Compulsory share (Pflichtteil) | Yes – close relatives cannot be completely disinherited (save in rare cases) | No civil-law “Pflichtteil”, but fixed Qur’anic shares exist |
| Certificate of inheritance (Erbschein) | Needed to prove inheritance rights before authorities and banks | Not required from a fiqh perspective, but documentation is advisable |
| Polygamy | Not recognised under German law | Recognised in classical fiqh, subject to strict conditions of justice |
4. Does German law allow the application of Farāʾiḍ?
Yes, but subject to conditions:
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There must be a clear, written will in which the testator explicitly requests that his or her estate be distributed in accordance with Islamic inheritance rules.
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Close relatives entitled to a compulsory share (Pflichtteil) – for example children or spouse – may not be deprived of that minimum share, unless they voluntarily waive it after the death.
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The will must not contradict German public policy (öffentliche Ordnung).
In other words, German law does not prohibit the application of Farāʾiḍ, but it does not apply it automatically. Instead, it requires:
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a formally valid, explicit will, and
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ideally the consent of the heirs after the testator’s death to fully implement the Islamic distribution.
5. Main problems arising from the differences
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Equal shares for men and women under German law
German inheritance law treats male and female heirs equally, whereas Islamic law grants the male a share equivalent to that of two females in certain constellations. -
Wide testamentary freedom under German law
In German law, the testator can distribute the estate very freely, provided that compulsory shares are preserved.
In Islamic law, the waṣiyya (will) is strictly limited to one third of the estate; the remaining two thirds are fixed by divine rules. -
Parents’ shares with or without children
Under German law, parents can become main heirs if there are no children.
Under Islamic rules, father and mother have fixed shares, such as one sixth each when children exist, regardless of how many other heirs there are.
6. How can both systems be reconciled?
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Draft an Islamic-compliant will that also respects the formal requirements of German law (especially § 2247 BGB – fully handwritten, dated and signed).
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Appoint a trustworthy executor (Testamentsvollstrecker) who understands both German inheritance law and Islamic inheritance rules.
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Reach a family agreement during lifetime that the heirs will honour the Islamic distribution, even if they might be entitled to more under German law.
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Seek combined legal and religious advice before death – from a specialised inheritance lawyer and from a competent Islamic scholar or fatwa body.
Conclusion
The difference between German Erbfolge under the BGB and the Islamic Farāʾiḍ system is not simply a matter of different numerical ratios, but reflects two fundamentally different philosophies of inheritance:
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In Germany, the emphasis lies on the individual freedom of the testator: the estate is viewed as something that can largely be freely disposed of, within the limits of the compulsory share.
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In Islam, the estate is regarded as a trust from God (Amānah), to be distributed in accordance with a divinely prescribed system, where the fixed shares are part of religious duty rather than personal preference.
A Muslim living in Germany can, through mature planning, a well-crafted, valid will, and transparent family communication, find a path that respects both the civil legal order and his or her religious obligations regarding Farāʾiḍ – ideally avoiding conflicts and costly legal disputes.
The editorial team behind this website strives to provide accurate information based on thorough research and multiple sources. However, errors or uncertainties may still occur. The information contained in this article should therefore be regarded as an initial point of reference; for binding advice you should always consult qualified legal professionals and the competent authorities.
