Do Schools of Thought (Madhab) Matter in Islamic Estate Planning?

One issue that comes up from working with my Islamic Inheritance calculator is if “school of thought” (madhab) will significantly impact how their estate is distributed. The short answer: for most families, it won’t.  You should try out my Islamic inheritance calculator yourself to see however.

The Common Case in School of Thought: Parents, Children, and Spouse

Most Muslims planning their estates (especially with an Attorney) have a relatively straightforward family structure: a surviving spouse, perhaps one or both parents, and children. In these cases, you often won’t find a difference (though Ja’afari is the most likely place to find a difference if there is one).

Example 1: The Typical Family

Deceased (male) leaves behind:

– Wife

– Father

– Mother

– 2 Sons

Distribution (ALL schools agree):

Whether you follow the Hanafi, Maliki, Shafi’i, Hanbali, or Ja’afari school, the calculation is identical. The Quranic verses (4:11-12) are clear, and the scholars agree.

Where School of Thought Diverges: The Ja’afari Distinction

The most significant difference emerges in the Ja’afari (Twelver Shia) school, which follows a strict class-based system of inheritance:

– Class 1: Parents and descendants (children, grandchildren)

– Class 2: Grandparents and siblings

– Class 3: Uncles, aunts, and their descendants

Any heir from Class 1 completely excludes all heirs from Classes 2 and 3. This differs fundamentally from Sunni schools, which apply the hadith:

“Give the prescribed shares to those entitled to them, and whatever remains should go to the closest male relative.” (Sahih al-Bukhari 6725)

Example 2: The Brother Who Inherits Nothing

Deceased (male) leaves behind:

– Wife

– 1 Daughter

– 1 Full Brother

Sunni Schools (Hanafi, Maliki, Shafi’i, Hanbali):

The brother, as the closest male agnate (‘asaba), takes the remainder after the fixed shares.

Ja’afari School:

In the Ja’afari system, the daughter (Class 1) completely excludes the brother (Class 2). The remainder returns to the wife and daughter through radd (return of surplus). The brother receives nothing—not because of any deficiency, but because the class system does not recognize his entitlement when Class 1 heirs exist. This is the single largest practical difference between Shia and Sunni inheritance law.

Differences Among Sunni Schools

While Sunni schools share the same foundational principles, they diverge in specific scenarios—most notably in the application of Radd (return of surplus).

What is Radd?

When the fixed Quranic shares don’t add up to 100% of the estate and no male residuary heir exists, there’s a surplus. What happens to it?

Example 4: When Radd Matters

Deceased (female) leaves behind:

– Husband

– Mother

– No children, no father, no siblings

Calculation:

– Husband: 1/2 (no children)

– Mother: 1/3 (no children, no siblings)

– Total: 5/6, leaving 1/6 undistributed

Hanafi/Hanbali Result:

Maliki/Shafi’i Result:

Bayt al-Mal (The Islamic Treasury)

In the Maliki and Shafi’i schools, that 16.7% would technically go to the Islamic treasury or, in modern contexts, potentially charitable causes. Charitable causes are not the same as the Islamic Treasury.  In my practice as well as the 2019 ABA book I co-authored we made the editorial decision to go with the Hanafi school as the default.  The Hanbali school is not as widely adopted while the Shafi’I school and Maliki school, giving to an Islamic Treasury that does not exist when there are family members who can benefit from the inheritance seems like the most practical result.

In the Hanafi rules, which are the default in my calculator, my writing and my practice, there are situations where the Treasury historically does get a share. One example of this is the case of converts.  Say, Sarah converted to Islam from Christianity.   She is married to a Muslim, but has no Muslim children.  Any non-Muslim relatives can be addressed in the 1/3 Wasiyyah.  Traditionally though the share of inheritance (aside from the Wasiyyah) would be ½ to the Muslim husband and ½ to the Islamic Treasury.  I modified my calculator make the result is that the husband will get everything.  In that situation, there is nobody else.  There is no Islamic Treasury.  Nobody is injured by this result and I consulted scholars on the issue when preparing the book, so that is what I went with.

Many Muslims don’t engage with schools of thought and may not even know which one they follow.  In my practice, the issue rarely comes up at all, except with clients who follow the Ja’afari system.

You should try out the calculator yourself and see if it matches.

Practical Implications

For Most Families: School Choice Rarely Matters

If your family includes:

– A surviving spouse

– One or both parents

– Children (sons or daughters or both)

Then your inheritance distribution will be identical across all Sunni schools, and in many cases all five schools. The Quranic shares are applied consistently, residuaries are calculated the same way, and the result is uniform.

When School Choice Matters

School choice becomes significant when:

1. Siblings would inherit alongside children The Ja’afari school excludes them; all Sunni schools includes them as residuaries. But remember, if you are Sunni, don’t feel comfortable shopping schools of thought since all Sunni schools of thought agree distribution to siblings is the correct result because of the hadith I described above.
2. No male residuary exists (Radd differences between Hanafi/Hanbali and Maliki/Shafi’i)
3. Complex scenarios with grandparents and siblings (Hanafi: grandfather excludes siblings; other schools: they share)
4. Single individuals with only remote relatives (class system differences become pronounced)

A Note on the Ja’afari Approach to Radd

The Ja’afari school has another unique feature: the surviving spouse participates in Radd. In Sunni schools, the spouse’s share is fixed and never increased through Radd. In Ja’afari jurisprudence, if there’s surplus, it returns proportionally to all heirs—including the spouse.

Conclusion: Don’t Worry

For the average Muslim family planning their estate, the school of thought is unlikely to produce different results. The Quran’s inheritance verses are remarkably precise, and the scholars have largely agreed on their application to common scenarios.

The meaningful differences emerge in specific circumstances—particularly the Ja’afari class system, which can dramatically affect whether siblings or other relatives inherit when children exist. For Sunni families, the Radd question may arise in cases without children or male relatives, but these represent a minority of estate situations.

When in doubt, consult with a qualified Islamic Estate Planning Attorney who can analyze your specific family situation and advise on how different schools might apply to your case.  To schedule a no-obligation 15-minute zoom appointment with Islamic Estate Planning Attorney Ahmed Shaikh, click here.