Islamic inheritance in Pakistan is governed by the Muslim Personal Law (Shariat) Application Act 1962 and the Muslim Family Laws Ordinance 1961, applying the Faraid rules of the deceased's school - for most Pakistanis, Sunni Hanafi law. Heirs fall into three classes: sharers with fixed Quranic fractions, residuaries who take the remainder, and distant kindred. The son sits firmly in the residuary class, and understanding that single fact explains almost everything about his share. This guide shows exactly how it works, with a rupee-by-rupee example you can copy for your own family.
The son is a residuary, not a sharer
The Holy Quran fixes precise fractions for certain heirs - a widow's 1/8, a mother's 1/6, a husband's 1/4. The son is deliberately not on that list. Instead he is the leading residuary (asaba): the heir who takes everything that remains once the fixed shares have been carved out. This is a position of strength, not weakness. In a small or medium estate, the residue is usually the largest single slice, and the son almost always ends up with the biggest individual share.
Because he takes the residue, the son's exact percentage is never a fixed number - it depends on who else survives. If a man dies leaving only sons, they split the entire estate between them. If a widow and parents also survive, the son takes what is left after their fixed shares. Either way, the son is a primary heir who is never totally excluded from his father's or mother's estate.
Why a son takes double a daughter
When sons and daughters inherit together, the daughters are pulled up into the residuary class alongside their brothers, and the residue is divided so that each son receives twice the portion of each daughter. This 2:1 rule comes directly from the Quran (Surah An-Nisa 4:11): "to the male, a portion equal to that of two females".
The 2:1 ratio is tied to financial duty, not worth. A man must pay mahr to his wife and is legally bound to maintain his wife and children. A woman's inheritance is hers alone to keep or invest - she has no obligation to spend it on the household.
Son's share against common combinations
The table below shows how the residue reaches the son once the fixed sharers are paid. Note how the father, when a son survives, drops to a fixed 1/6 instead of competing for the residue.
| Surviving heirs | Fixed shares paid first | Son takes |
|---|---|---|
| One son only | None | Whole estate (1/1) |
| Sons only (equal) | None | Estate split equally |
| Widow + son(s) | Widow 1/8 | Residue 7/8 |
| Widow + son + daughter | Widow 1/8 | 7/8 residue split 2:1 |
| Mother + son | Mother 1/6 | Residue 5/6 |
| Father + mother + widow + son | Father 1/6, Mother 1/6, Widow 1/8 | Residue 13/24 |
Worked example: rupee by rupee
A man dies leaving an estate worth PKR 4,000,000, survived by his widow, two sons and one daughter. Here is how it splits:
| Heir | Basis of share | Fraction | Amount (PKR) |
|---|---|---|---|
| Widow | Fixed sharer (children exist) | 1/8 | 500,000 |
| Residue to divide | Estate minus widow's share | 7/8 | 3,500,000 |
| Son 1 | Residuary - 2 parts of 5 | 2/5 of residue | 1,400,000 |
| Son 2 | Residuary - 2 parts of 5 | 2/5 of residue | 1,400,000 |
| Daughter | Residuary - 1 part of 5 | 1/5 of residue | 700,000 |
The residue of PKR 3,500,000 is divided into five parts (2 + 2 + 1) because each son counts as two and the daughter as one. One part is PKR 700,000, so each son takes PKR 1,400,000 and the daughter takes PKR 700,000. Try your own figures with our Islamic inheritance calculator.
When a son has died before the parent
Under classical Hanafi law, a grandson whose father died before the grandfather could be excluded by a surviving son. Pakistan changed this by statute. Section 4 of the Muslim Family Laws Ordinance 1961 provides that the children of a predeceased son or daughter inherit the share their parent would have received had they still been alive. So a deceased son's children step into his place and are not shut out - a point that decides many family disputes. See our guide to grandchildren's inheritance under Section 4.
How a son formally claims his share
Knowing your share is only half the battle - you must have it recorded. For movable assets and bank balances, heirs obtain a succession certificate from the civil court, or a letter of administration where there is a will. For land and houses, the estate must go through inheritance mutation (intiqal) so the revenue record reflects each heir's portion.
Where a co-heir refuses to hand over your share or occupies the property, a son can file a partition suit to divide joint property, and pursue remedies against illegal possession under the Illegal Dispossession Act 2005. Court fees and stamp duty on these steps vary by province and district - confirm the current schedule before filing.
Frequently asked questions
What share does a son get in Pakistan?
A son is a residuary. He takes the estate remaining after fixed sharers are paid, and where sons and daughters inherit together each son takes double each daughter.
Can a son ever be disinherited?
No. A son is a primary heir and can never be totally excluded from his parent's estate. A will cannot deprive him either, since a Muslim may bequeath only up to one-third of the estate to non-heirs.
Why does a son get more than a daughter?
The 2:1 ratio in Quran 4:11 reflects a man's financial duties - paying mahr and maintaining his wife and children - not any difference in status.
Does a grandson inherit if his father died first?
Yes. Section 4 of the Muslim Family Laws Ordinance 1961 gives the children of a predeceased son the share their father would have taken.
What if only sons survive?
The sons share the entire estate equally between them, as there are no fixed sharers and no daughters to trigger the 2:1 split.