Short answer
In the Hanafi school, after the fixed-share heirs and the male-line relatives, any leftover goes back to the fixed-share heirs (radd). If there are none, it goes to relatives through women, such as a daughter's children, a sister's children or maternal uncles and aunts. Only after them does it go to the public treasury. A will can direct up to a third, or all if there are no heirs.
The order is: fixed-share heirs, then residuaries ('asabah), then radd (return of the surplus) to fixed-share heirs other than the spouse, then dhawu al-arham (relatives through females), then lesser categories, then the bayt al-mal. Later Hanafi scholars allowed radd to the spouse when no other heir exists, as there is no functioning bayt al-mal.
Other madhhabs
- Shafi'i
- Originally gave no radd and no share to relatives through women; the surplus went to the treasury. Later Shafi'i scholars allowed both when the treasury is not properly run.
- Maliki
- Originally the surplus went to the treasury rather than to relatives through women; later Malikis allowed them where the treasury is not properly run.
- Hanbali
- Like the Hanafi school, gives radd and inheritance to relatives through women.
Explanation
Converts, people without children, and those whose families are far away often ask where their wealth will go. Islamic law looks wide before giving up on family.
The Hanafi order:
- Fixed-share heirs (ashab al-furud): spouse, parents, daughters, sisters and others named in the Quran.
- Residuaries ('asabah): male-line relatives such as brothers, nephews through brothers, paternal uncles and their sons.
- Radd: if there are no residuaries, the surplus returns to the fixed-share heirs other than the spouse.
- Dhawu al-arham: relatives through women, such as daughters' children, sisters' children, maternal grandparents, aunts and maternal uncles. The Prophet ﷺ said the maternal uncle is the heir of the one who has no heir. Allah says blood relatives have more right to one another.
- Then lesser categories, and finally the public treasury (bayt al-mal).
A spouse alone. If a person leaves only a wife or husband, the spouse takes their share. Classical Hanafi texts sent the rest to the treasury, but later Hanafi scholars returned it to the spouse, since there is no Islamic treasury that spends it rightly.
Living in the West. If someone dies with no heirs and no will, the state may take the estate. So if you have no close Muslim family, write a will. With heirs, you can leave up to a third to anyone or any cause. With no heirs at all, Hanafi scholars allow a bequest of the whole estate. Use the Islamic will builder and ask a mufti to check it.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah Al-Anfaal 8:75
وَٱلَّذِينَ ءَامَنُوا۟ مِنۢ بَعْدُ وَهَاجَرُوا۟ وَجَٰهَدُوا۟ مَعَكُمْ فَأُو۟لَٰٓئِكَ مِنكُمْ ۚ وَأُو۟لُوا۟ ٱلْأَرْحَامِ بَعْضُهُمْ أَوْلَىٰ بِبَعْضٍۢ فِى كِتَٰبِ ٱللَّهِ ۗ إِنَّ ٱللَّهَ بِكُلِّ شَىْءٍ عَلِيمٌۢ ﴿٧٥﴾
And those who believed after [the initial emigration] and emigrated and fought with you - they are of you. But those of [blood] relationship are more entitled [to inheritance] in the decree of Allah. Indeed, Allah is Knowing of all things.
Relatives have the first right before strangers or the treasury.
Sunan Abi Dawud 2899
Grading to be checked... الخال وارث من لا وارث له ...
"The maternal uncle is the heir of the one who has no heir."
Relatives through women inherit when there are no closer heirs.
Sahih al-Bukhari 6732
Sahih... ألحقوا الفرائض بأهلها فما بقي فهو لأولى رجل ذكر ...
"Give the fixed shares to those entitled to them, and what remains goes to the nearest male relative."
The order of fixed shares and then residuaries.
Where the ruling is recorded
- al-Sirajiyya with its commentaries, Bab al-Radd and Bab Dhawi al-Arham. The order of heirs after the residuaries.
- Radd al-Muhtar (Ibn Abidin), Kitab al-Fara'id, section on radd. The later fatwa of radd to the spouse when no other heir exists.
- al-Majmu' (Nawawi), Kitab al-Fara'id, radd and dhawu al-arham. The original and later Shafi'i positions.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.