Islamic inheritance and the allotted shares for heirs
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Islamic Inheritance and the Allotted Shares for Heirs Surah Al-Ahzab (33:36) of the Quran states: "It is not fitting for a Believer, man or woman, when a matter has been decided by Allah and His Apostle to have any option about their decision: if any one disobeys Allah and His Apostle, he is indeed on a clearly wrong Path." Therefore, every Muslim must make every effort to adhere to the teachings of the Quran and preserve the sunnah of the Messenger of Allah (P.B.U.H.). With this being said, this section addressing Islamic inheritance and the allotted shares for heirs is intended to give the Muslims living in South Carolina an overview of the Islamic laws of inheritance with the aim of ensuring that the established inheritance laws of the State does not infringe upon the rights of those specific heirs outlined in the Quran and sunnah. It is also imperative to keep in mind that prior to addressing the laws of inheritance, the previous three of the four basic duties regarding the deceased, namely, the payment of funeral expenses, the settling of debts, and the execution of their Last Will and Testament must be fulfilled.
Islamic inheritance and the allotted shares for heirs
1. Islamic Inheritance and the Allotted Shares for Heirs Surah
Al-Ahzab (33:36) of the Quran states: "It is notfitting for a
Believer, man or woman, when a matter has beendecided by Allah and
His Apostle to have any option about theirdecision: if any one
disobeys Allah and His Apostle, he isindeed on a clearly wrong
Path." Therefore, every Muslim mustmake every effort to adhere to
the teachings of the Quran andpreserve the sunnah of the Messenger
of Allah (P.B.U.H.). Withthis being said, this section addressing
Islamic inheritance andthe allotted shares for heirs is intended to
give the Muslimsliving in South Carolina an overview of the Islamic
laws ofinheritance with the aim of ensuring that the
establishedinheritance laws of the State does not infringe upon the
rightsof those specific heirs outlined in the Quran and sunnah. It
isalso imperative to keep in mind that prior to addressing thelaws
of inheritance, the previous three of the four basic
dutiesregarding the deceased, namely, the payment of funeral
expenses,the settling of debts, and the execution of their Last
Will andTestament must be fulfilled.
2. Surah Al-Nisa, verses 4:11, 4:12, and 4:176 are the
onlythree verses in the Quran which gives specific
detailspertaining to Islamic inheritance. These divine verses and
thesunnah of the Messenger of Allah (P.B.U.H.) expound upon thelaws
of inheritance and the allotted shares for specific heirs.Moreover,
the premise of inheritance in the Quran is the hadithcollected by
Bukhari, wherein Jabir narrated that once he wassuffering from an
illness and was visited by the Messenger ofAllah (P.B.U.H.) who had
asked for water to make wudu. Duringthe process of the Messenger of
Allah (P.B.U.H.) performing hisablution, Jabir temporarily lost
consciousness. However, Jabirregained consciousness when the
Messenger of Allah (P.B.U.H.)sprinkled some of the water remaining
from his ablution overhim. Upon awakening, Jabir immediately
informed the Messenger ofAllah (P.B.U.H.) that he had sisters
(perhaps he feared dyingfrom the illness before he could make
arrangements to ensurethat they would be provided for). As a
result, Allah revealedthe verses pertaining to the laws of
inheritance to theMessenger of Allah (P.B.U.H.). The proof for this
fact is thenarration of the hadith in question which reads: "While
I wassick, the Prophet (P.B.U.H.) entered upon me and asked for
somewater to perform ablution, and after he had finished
hisablution, he sprinkled some water of his ablution over
me,whereupon I became conscious and said, O Allahs Apostle! I
have
3. sisters. Then the divine verses regarding the laws
ofinheritance were revealed." In view of the above mentioned
information, it isimperative to reiterate that in order to avoid
unnecessaryproblems occurring among heirs after ones death, one
must havetheir financial matters in order, with explicit
detailspertaining to the aspects of their property; regarding
mattersas important as ones home to those minor items such as
onescan-opener or coffee mug. This course of action is
imperative;because, the Quran makes it clear in Surah Al-Nisa
(4:7): "Fromwhat is left by parents and those nearest related there
is ashare for men and a share for women, whether the property
besmall or large --a determinate share." Thus, having ones affairin
order will ensure that the rights of those entitled toinherit from
close relatives will be honored. The Islamic laws of inheritance
outlined in Surah Al-Nisa(4:11-12) of the Quran further states: "
Yooseekumu Allahu feeawladikumlilththakari mithlu
haththialonthayayni fa-in kunnanisaan fawqa ithnatayni
falahunnathulutha ma taraka wa-in kanatwahidatanfalaha alnnisfu
wali-abawayhi likulli wahidinminhumaalssudusu mimma taraka in
kanalahu waladun fa-in lam yakun lahuwaladun wawarithahu
abawahufali-ommihi alththuluthu fa-in kanalahu ikhwatunfali-ommihi
alssudusu min baAAdi wasiyyatin
4. yooseebiha aw daynin abaokum waabnaokum latadroona
ayyuhumaqrabu lakum nafAAan fareedatan mina Allahiinna Allaha
kanaAAaleeman hakeeman;" which transliterates into English as:
Allahcommands you as regards your childrens (inheritance): to
themale, a portion equal to that of two females; if (there are)only
daughters, two or more, their share is two-thirds of
theinheritance; if only one, her share is a half. For parents,
asixth share of inheritance to each if the deceased leftchildren;
if no children and the parents are the (only) heirs,the mother has
a third; if the deceased left brothers or(sisters), the mother has
a sixth. (The distribution in allcases is) after the payment of
legacies he may have bequeathedor debts. You know not which of
them, whether your parents oryour children, are nearest to you in
benefit; (these fixedshares) are ordained by Allah. And Allah is
ever All Knower, AllWise (4:11)." The key points of verse 4:11 of
Surah Al-Nisa include: If a man has left children as heirs, a male
gets a portion equal to that of two females from the inheritance If
a man has only daughters, two or more, their share is two-thirds of
the inheritance
5. If a man has only one (daughter) and no other children, her
share is half of the inheritance If a man has left children as
heirs, then each of his parents gets a one-sixth share of the
inheritance (mother and father get equal shares of the inheritance)
If a man has no children and the parents are the (only) heirs, the
mother gets one-third of the inheritance If a man has left brothers
or (sisters), then the mother gets one-sixth of the
inheritance.Walakum nisfu ma taraka azwajukumin lam yakun lahunna
waladunfa-in kana lahunna waladunfalakumu alrrubuAAu mimma tarakna
minbaAAdi wasiyyatinyooseena biha aw daynin
walahunnaalrrubuAAumimma taraktum in lam yakun lakum waladun
fa-inkanalakum waladun falahunna alththumunu mimma taraktummin
baAAdiwasiyyatin toosoona biha awdaynin wa-in kana rajulun
yoorathukalalatan awiimraatun walahu akhun aw okhtun falikulli
wahidinminhumaalssudusu fa-in kanoo akthara min thalikafahum
shurakaofee alththuluthi min baAAdi wasiyyatinyoosa biha aw
dayninghayra mudarrin wasiyyatanmina Allahi waAllahu
AAaleemunhaleemun;" which transliterates into English as: "In that
whichyour wives leave, your share is a half if they have no
child;but if they leave a child, you get a fourth of that which
they
6. leave after payment of legacies that they may have
bequeathed ordebts. In that which you leave, their (your wives)
share is afourth if you leave no child; but if you leave a child,
they getan eighth of that which you leave after payment of legacies
thatyou may have bequeathed or debts. If the man or woman
whoseinheritance is in question has left neither ascendants
nordescendants, but has left a brother or a sister, each one of
thetwo gets a sixth; but if more than two, they share in a
third,after payment of legacies he (or she) may have bequeathed
ordebts, so that no loss is caused (to anyone). This is
aCommandment from Allah; and Allah is ever All Knowing,
MostForbearing (4:12)." The key points of verse 4:12 of Surah
Al-Nisa include: From the wifes inheritance, a husband is entitled
to half if they did not have a child A husband is entitled to
one-fourth of his wifes inheritance if the couple had a child A
wife is entitled to one-fourth of her husbands inheritance if they
did not have a child A wife is entitled to one-eighth of her
husbands inheritance if they did have a child
7. In instances where a man or woman dies without havingliving
parents or children, a brother and a sister are entitledto
one-sixth of their deceased siblings inheritance when thedeceased
in question dies without having any living parents orchildren (the
brother and sister share equally in thisinstance). In instances
where a man or woman dies without havingliving parents or children
and there are three or more siblingsas heirs, they all share
one-third of the inheritance(regardless of gender, the siblings
share equally in thisscenario). In addition, verse 4:176 of Surah
Al-Nisa states:"Yastaftoonaka quli Allahu yufteekumfee alkalalati
ini imruonhalaka laysa lahu waladun walahuokhtun falaha nisfu ma
tarakawahuwayarithuha in lam yakun laha waladun fa-in
kanataithnataynifalahuma alththuluthani mimmataraka wa-in kanoo
ikhwatan rijalanwanisaanfalilththakari mithlu haththialonthayayni
yubayyinuAllahu lakum an tadilloo waAllahubikulli shay-in
AAaleemun;"which transliterates into English as: "They ask thee for
a legaldecision. Say: Allah directs (thus) about those who leave
nodescendants or ascendants as heirs. If it is a man that
dies,leaving a sister but no child, she shall have half
theinheritance: If (such a deceased was) a woman, who left nochild,
Her brother takes her inheritance: If there are twosisters, they
shall have two-thirds of the inheritance (betweenthem): if there
are brothers and sisters, (they share), the male
8. having twice the share of the female. Thus doth Allah make
clearto you (His law), lest ye err. And Allah hath knowledge of
allthings." It is also important to note that verse 4:176 of
SurahAl-Nisa is the last verse of the Quran to be revealed to
theProphet regarding inheritance (P.B.U.H.). The proof for thisfact
is the hadith of Bukhari that was narrated by Al-Bara, whoreported:
"The last Quranic Verse that was revealed (to theProphet) was the
final verse of Surah Al-Nisa, i.e., They askyou for a legal verdict
Say: Allah directs (thus) About thosewho leave No descendants or
ascendants as heirs....(4:176)" The key points of verse 4:176 of
Surah Al-Nisa include: A man who dies without having living parents
or children, and leaves a sister as his sole heir, she is entitled
to half his inheritance A woman who dies without having living
parents or children, and leaves a brother as her sole heir, he is
entitled to the entire amount of her inheritance A woman who dies
without having living parents or children, and leaves two sisters
as heirs, the will both share two-thirds of her inheritance When a
woman who dies without having living parents or children, and
leaves both brothers and sisters as heirs,
9. the males (brothers) will be entitled to twice the share of
the females (sisters) It is also important to note that certain
individuals arenot entitled to a share in the inheritance of a
deceased Muslim;namely: One who has murdered their predecessor. The
evidence for this ruling is a hadith in the collection of Tirmidhi
wherein it is reported: "The Prophet (P.B.U.H.) said, One who kills
a man cannot inherit from him." However, the individual who
unintentional kills another may inherit from the victim, excluding
the diyyah (blood money) amount which must be paid as compensation.
A non-Muslim. The evidence for this ruling is a hadith in the
collection of Bukhari wherein it is reported: "The Prophet
(P.B.U.H.) said, A Muslim cannot be the heir of a disbeliever, nor
can a disbeliever be the heir of a Muslim."The three classes of
heirs in Islam include:I. Dhaw-ul-Faraid, which are those entitled
to a definite share of the assets left by the deceased.
Dhaw-ul-Faraid include the father, grandfather, uterine (same
mother) brothers, husband, wife, single daughter, sons
daughter
10. (agnatic granddaughter), mother, grandmother, full(germane)
sister, consanguine (same father) sister, anduterine (same mother)
sister. It is also important to notethat the heirs specifically
mentioned in the Quran are themother, father, husband, wife/widow,
daughter, uterinebrother, full sister, uterine sister, and
consanguinesister; whereas, the paternal grandfather,
maternalgrandmother, and agnatic granddaughter are three heirsadded
by juristic method of analogy. The fathers share is one-sixth when
the deceasedleaves a son or a sons son (agnatic grandson), but if
thedeceased is not survived by a son or agnatic grandson, hisfather
will, in addition to receiving the one-sixth asDhaw-ul-Faraid, also
get a share as being asaba (which,according to the Islamic Shariah
are those relatives inwhose line of relationship no female enters;
i.e., malerelatives in the male line/agnatic). The evidence for
thisruling is a hadith in the collection of Bukhari wherein itwas
reported by Ibn Abbas that the Messenger of Allah(P.B.U.H.) said:
"Give the prescribed share of inheritanceto those who are due it
and the remainder is for thenearest male relative of the
deceased."Grandfather: The grandfathers share is like that
offathers share; however, he does not inherit whenever the
11. father is present as an eligible heir. The evidence forthis
ruling is a hadith collected by Bukhari wherein IbnAbbas narrated:
"The person about whom Allahs Apostle(P.B.U.H.) said, If I were to
take a Khalil from thisnation (my followers), then I would have
taken him (i.e.,Abu Bakr), but the Islamic Brotherhood is better
(or said:good); regarded a grandfather as the father himself
(ininheritance)." Furthermore, a hadith in the Muwatta of ImamMalik
states: "Malik said: The generally agreed on way ofdoing things
among us and what I have seen the people ofknowledge in our city
doing is that the paternalgrandfather does not inherit anything at
all with thefather." Moreover, in instances where the deceased has
nofather, but has sons or sons sons (agnatic grandsons),
thegrandfather is entitled to one-sixth (assumes theinheritance
role of his deceased son - father of thedeceased). What is more,
when the deceased has no fatherand no child, the grandfather
inherits as asaba only andgets the residue. Lastly, the Muwatta of
Imam Malik furtherstates: "He is given a sixth as a fixed share
with the sonand the grandson through a son. Other than that, when
thedeceased does not leave a mother or a paternal aunt, onebegins
with whoever has a fixed share, and they are giventheir shares. If
there is a sixth of the property left
12. over, the grandfather is given a sixth as a fixed
share."Malik said, "When someone shares with the grandfather andthe
full siblings in a specified share, one begins withwhoever shares
with them of the people of fixed shares.They are given their
shares. What is left over after thatbelongs to the grandfather and
the full siblings. Then onesees which is the more favorable of two
alternatives forthe portion of the grandfather. Either a third is
allottedto him and the siblings to divide between them, and he
getsa share as if he were one of the siblings, or else he takesa
sixth from all the capital. Whichever is the best portionfor the
grandfather is given to him. What is left afterthat, goes to the
full siblings. The male gets the portionof two females except in
one particular case. The divisionin this case is different from the
preceding one. This caseis when a woman dies and leaves a husband,
mother, fullsister and grandfather. The husband gets a half, the
mothergets a third, the grandfather gets a sixth, and the
fullsister gets a half. The sixth of the grandfather and thehalf of
the sister are joined and divided into thirds. Themale gets the
share of two females. Therefore, thegrandfather has two thirds, and
the sister has one third."Malik said, "The inheritance of the
half-siblings by thefather with the grandfather when there are no
full siblings
13. with them, is like the inheritance of the full siblings
(inthe same situation). The males are the same as their malesand
the females are the same as their females. When thereare both full
siblings and half-siblings by the father, thefull siblings include
in their number the number of half-siblings by the father, to limit
the inheritance of thegrandfather, i.e., if there was only one full
sibling withthe grandfather. They would share, after the allotting
ofthe fixed shares, the remainder of the inheritance betweenthem
equally. If there were also two half-siblings by thefather, their
number is added to the division of the sum,which would then be
divided four ways. A quarter going tothe grandfather and
three-quarters going to the fullsiblings who annex the shares
technically allotted to thehalf-siblings by the father. They do not
include the numberof half-siblings by the mother, because if there
were onlyhalf-siblings by the father they would not inherit
anythingwith the grandfather and all the capital would belong tothe
grandfather, and so the siblings would not get anythingafter the
portion of the grandfather. "It belongs to thefull siblings more
than the half-siblings by the father,and the half-siblings by the
father do not get anythingwith them unless the full siblings
consist of one sister.If there is one full sister, she includes the
grandfather
14. with the half-siblings by her father in the
division,however many. Whatever remains for her and these
half-siblings by the father goes to her rather than them untilshe
has had her complete share, which is half of the totalcapital. If
there is surplus beyond half of all the capitalin what she and the
half-siblings by the father acquire itgoes to them. The male has
the portion of two females. Ifthere is nothing left over, they get
nothing."Uterine brother: A uterine brother is entitled to
one-sixthif their number is one, and one-third if they are more
thanone. Likewise, a Uterine sister is entitled to one-sixth
iftheir number is one and one-third if they are more thanone. The
evidence for these rulings are found in Surah 4:12of the Quran
which reads: "If the man or woman whoseinheritance is in question,
has left neither ascendants nordescendants, but has left a brother
(uterine) or a(uterine) sister, each one of the two gets a sixth;
but ifmore than two, they share in a third; after payment
oflegacies and debts; so that no loss is caused (to any one).Thus
is it ordained by Allah; and Allah is All-knowing,Most Forbearing."
Additional evidence is found in a faraidhadith in the Muwatta of
Imam Malik, wherein it reads:"Yahya related to me from Malik from
Zayd ibn Aslam ...Malik said, If a man or a woman has no direct
heir, but
15. has a brother or a sister by the mother, each of the twohas
a sixth. If there are more than that, they shareequally in a
third." It is also important to note that a uterine brotherand
sister, unlike a germane and consanguine brother andsister, inherit
equally, as do their descendants. Theevidence for this ruling is
also contained in a faraidhadith in the Muwatta of Imam Malik,
which reads: "Maliksaid, The generally agreed upon way of doing
things amongus is that maternal half-siblings do not inherit
anythingwhen there are children or grandchildren through sons,
maleor female. They do not inherit anything when there is afather
or the fathers father. They inherit in what isoutside of that. If
there is only one male or female, theyare given a sixth. If there
are two, each of them has asixth. If there are more than that, they
share in a thirdwhich is divided among them. The male does not have
portionof two females. That is because Allah, the Blessed,
theExalted, says in His Book, If a man or woman has no directheir,
and he has a brother or sister, by the mother, eachof them has a
sixth. If there are more than two, they shareequally in a
third."Husband: The husbands share is one-half of the property
ofhis deceased wife if she has no children, but in case of
16. children, it is one-fourth. The evidence for this ruling
issurah 4:12 of the Quran which reads: "In what your wivesleave,
your share is a half, if they leave no child; but ifthey leave a
child, ye get a fourth; after payment oflegacies and debts."Wife:
The wife is entitled to one-fourth if the husbanddies childless;
otherwise it is one-eighth. The evidencefor this ruling is surah
4:12 of the Quran which reads: "Inwhat ye leave, their share is a
fourth, if ye leave nochild; but if ye leave a child, they get an
eighth; afterpayment of legacies and debts." The ruling pertaining
to the allotted share for ahusband and wife is also highlighted in
a hadith collectedby Bukhari wherein Ibn Abbas narrated: "(During
the earlydays of Islam), the inheritance used to be given to
onesoffspring and legacy used to be bequeathed to the parents,then
Allah cancelled what He wished from that order anddecreed that the
male should be given the equivalent of theportion of two females,
and for the parents one-sixth foreach of them, and for ones wife
one-eighth (if thedeceased has children) and one-fourth (if he has
nochildren), for ones husband one-half (if the deceased hasno
children) and one-fourth (if she has children)."
17. Real (germane) daughter: A real daughter is entitled
toone-half when she is the sole heir, and two-thirds whenthere are
more than one. The evidence for this ruling isfound in Surah 4:11
of the Quran which reads: " Allah (thus)directs you as regards your
Childrens (Inheritance): ...if only daughters, two or more, their
share is two-thirdsof the inheritance; if only one, her share is a
half."Moreover, if the deceased is survived by a son along with
adaughter, the daughter(s) will get half the share of theson(s).
The evidence for this ruling is found in Surah 4:11of the Quran
which reads, " Allah (thus) directs you asregards your Childrens
(Inheritance): to the male, aportion equal to that of two
females..."Granddaughter: A granddaughter stand on the same level
asdaughters. This fact is documented in the Muwatta of ImamMalik
wherein it reads: "Yahya related to me from Malik,...When there are
no children, grandchildren through sonshave the same position as
children, so that grandsons arelike sons and grand-daughters are
like daughters..."However, in instances where the deceased is
survived by onereal (germane) daughter and one or more
granddaughter(s),the granddaughters will get one-sixth. The
evidence forthis ruling is a hadith collected in the Muwatta of
ImamMalik wherein it reads: "Yahya related to me from Malik,
18. ...If the only descendant is a daughter, she takes half,and
if there are one or more grand-daughters through a sonwho are in
the same position to the deceased, they share asixth..." It is also
important to note that thegranddaughter is not entitled to any
share of theinheritance when the deceased is survived by a son.
Thisfact is also documented in the Muwatta of Imam Malik
whichreads: "Yahya related to me from Malik, ...If there areboth
children and grandchildren through sons, and there isa male among
the children, then the grandchildren throughsons do not share in
the inheritance with him..." However,if the deceased is survived by
grandsons andgranddaughters, they would be treated as Asaba and
themale grandchild would get double of what goes to the
femalegrandchild. The evidence for this ruling is documented inthe
Muwatta of Imam Malik which reads: "Yahya related to mefrom Malik,
...If there is no surviving male among thechildren, and there are
two or more daughters, thegranddaughters through a son do not share
in theinheritance with them unless there is a male who is in
thesame position as them in relation to the deceased, orfurther
than them. His presence gives access to whatever isleft over, if
any, to whoever is in his position andwhoever is above him of the
granddaughters through sons. If
19. something is left over, they divide it among them, and
themale takes the portion of two females. If nothing is leftover,
they have nothing..." When a Muslim daughter and a Muslim sister
are theonly heirs, both the daughter and sister get one-half
each.The evidence for this ruling is a hadith collected byBukhari
wherein Al-Aswad bin Yazid narrated: "Muadh binJabal came to us in
Yemen as a tutor and a ruler, and we(the people of Yemen) asked him
about (the distribution ofthe property of ) a man who had died
leaving a daughter anda sister. Muadh gave the daughter one-half of
the propertyand gave the sister the other half." When a Muslim
daughter, a sons Muslim daughter(agnatic granddaughter), and a
Muslim sister are the onlyheirs, one-half is the daughter,
one-sixth is for the sonsdaughter, and the rest (one-third) is for
the sister. Theevidence for this ruling is a hadith collected by
Bukhariwherein Huzail bin Shirahbil narrated: "Abu Musa was
askedregarding (the inheritance of) a daughter, a sonsdaughter, and
a sister. He said, The daughter will takeone-half and the sister
will take one-half. If you go toIbn Masud, he will tell you the
same. Ibn Masud wasasked and was told of Abu Musas verdict. Ibn
Masud thensaid, If I give the same verdict, I would stray and
would
20. not be of the rightly-guided. The verdict I will give
inthis case, will be the same as the Prophet did, i.e. one-half is
for the daughter, and one-sixth for the sonsdaughter, i.e. both
shares make two-thirds of the totalproperty; and the rest is for
the sister. Afterwards wecame to Abu Musa and informed him of Ibn
Masuds verdict,whereupon he said, So, do not ask me for verdicts,
as longas this learned man is among you."Full (germane) sister: A
full sister is entitled to one-half when she is the sole heir, and
two-thirds when thereare more than one. The evidence for this
ruling is surah4:176 which reads: " They ask thee for a legal
decision.Say: Allah directs (thus) about those who leave
nodescendants or ascendants as heirs. If it is a man thatdies,
leaving a (germane) sister but no child, she shallhave half the
inheritance..." This rule also applies to aConsanguine sister.
Thus, a consanguine sister, like agermane sister, is entitled to
one-half when there is onlyone and two thirds when there are more
than one.Mother: The mother is entitled to one-sixth of
theinheritance when she has a child or grandchild. However,
ininstances where she is childless, her share increases to
aone-third share of the inheritance. The evidence for thisruling is
Surah 4:11 of the Quran which reads, "... For
21. parents, a sixth share of the inheritance to each, if
thedeceased left children; if no children, and the parents arethe
(only) heirs, the mother has a third..." The mother isalso entitled
to one-sixth when the deceased leavesbrothers or sisters, two or
more (any combination ofgermane, consanguine or uterine). The
evidence for thisruling is surah 4:11 which reads: "If the deceased
Leftbrothers (or sisters) the mother has a sixth. (Thedistribution
in all cases is after the payment of legaciesor debts. You know not
whether your parents or yourchildren are nearest to you in benefit.
These are settledportions ordained by Allah; and Allah is
All-knowing, Al-wise."Grandmother: If the deceased is survived
either by apaternal/maternal grandmother or both, they are entitled
toone-sixth. However, the maternal grandmother is deprived ofher
share of the inheritance whenever the mother of thedeceased is
alive as an eligible heir, and the paternalgrandmother is deprived
of her share whenever the father ofthe deceased is alive as an
eligible heir. The evidence forthis ruling is found in the Faraid
of Maliks Muwatta whichreads: "Yahya related to me from Malik from
Abdu Rabbih ibnSaid that Abu Bakr ibn Abd ar-Rahman ibn al-Harith
ibnHisham only gave a fixed share to two grandmothers
22. (together). Malik said, The generally agreed on way ofdoing
things among us in which there is no dispute andwhich I saw the
people of knowledge in our city doing, isthat the maternal
grandmother does not inherit anything atall with the mother.
Outside of that, she is given a sixthas a fixed share. The paternal
grandmother does not inheritanything along with the mother or the
father. Outside ofthat she is given a sixth as a fixed share. If
both thepaternal grandmother and maternal grandmother are alive,and
the deceased does not have a father or mother outsideof them, Malik
said, I have heard that if the maternalgrandmother is the nearest
of the two of them, then she hasa sixth instead of the paternal
grandmother. If thepaternal grandmother is nearer, or they are in
the sameposition in relation to the deceased, the sixth is
dividedequally between them. Malik said, None of the
femalegrand-relations except for these two has any
inheritancebecause I have heard that the Messenger of Allah, may
Allahbless him and grant him peace, gave the
grandmotherinheritance, and then Abu Bakr asked about that
untilsomeone reliable related from the Messenger of Allah, mayAllah
bless him and grant him peace, that he had made thegrandmother an
heir and given a share to her. Anothergrandmother came to Umar ibn
al-Khattab, and he said, I am
23. not one to add to fixed shares. If there are two of
youtogether, it is between you. If either of you is left alonewith
it, it is hers. Malik said, We do not know ofanyone who made other
than the two grandmothers heirs fromthe beginning of Islam to this
day."Heirs with their respective shares:HUSBAND If there is no
child or 1/2 grandchild surviving the deceasedHUSBAND If there is a
surviving child 1/4 or grandchild of deceasedWIFE If there is no
child or 1/4 grandchild surviving the deceasedWIFE If there is a
surviving child 1/8 or grandchild of deceasedSON If there is no
daughter 100% as asabaSON If there is a daughter, the Twice son
must share with his sister the share as asaba of his sister If only
one daughter 1/2DAUGHTER If 2 or more daughters (the 2/3DAUGHTER
daughters portion is shared equally among them)
24. If there is a son, the AsabaDAUGHTER daughter(s) shares
with her 1/2 brother(s) share of brother If there is a child or
1/6FATHER grandchild surviving the deceased If there is no child or
100% asFATHER grandchild surviving the asaba deceased If the
deceased had children 1/6MOTHER If no children, and the 1/3MOTHER
parents are the (only) heirs (her portion is shared with
1/6PATERNAL maternal grandmother)GRANDMOTHER If Mother or Father
survives 0%PATERNALGRANDMOTHER If no father, son or grandson 100%
asPATERNAL survives asabaGRANDFATHER If father of the deceased is
0%PATERNAL aliveGRANDFATHER
25. (her portion is shared with 1/6MATERNAL paternal
grandmother)GRANDMOTHER If mother is alive 0%MATERNALGRANDMOTHER If
father, son or grandson 0%BROTHER survives If no father, son or
100% asBROTHER grandchild survives asaba If father, son or grandson
0%SISTER survives If she is the only heir 1/2SISTER If 2 or more
sisters (they 2/3SISTER share equally) If Brother is alive
1/2SISTER share of brother as asaba
26. II. After the heirs of the first group (Dhaw-ul-Faraid)
have received the respective shares, the residue of the assets
falls to the share of those relatives that comprise the second
group of inheritors referred to as asaba; which, according to the
Islamic Shariah are those relatives in whose line of relationship
no female enters; i.e., male relatives in the male line/agnatic.
The evidence for this ruling is a hadith collected by Imam Muslim
wherein Tawus reported on the authority of his father Ibn Abbas:
"Allahs Messenger (P.B.U.H.) said: Distribute the property amongst
Ahl al-Faraid, according to the Book of Allah, and what is left out
of them goes to the nearest male heir." It is also important to
note that Asaba do not have a fixed share of the inheritance as
Dhaw-ul-Faraid. Thus, if one is not survived by any members of
Dhaw-ul-Faraid, the residue of their entire estate will go to the
entitled asaba. Asaba include the following persons (all persons
must be aMuslim and considered an eligible heir according to the
Islamicshariah): 1. Son: A son is the first person to get the
residue in order of succession. A son also gets twice the share of
a daughter; as evident from the hadith of Bukhari wherein Zayd ibn
Thabit said: "If there is a son with
27. them, then one begins with those who share with them in
inheritance and they receive their shares, and then what remains
goes to them, with the male receiving double the share of a
female." Thus, a germane brother inherits twice as much as a
germane sister, a sons son (agnatic grandson) inherits twice as
much as a sons daughter (agnatic granddaughter). Furthermore, the
presence of a son also excludes a grandson from a share of the
inheritance as asaba. However, if a son is not available as an
eligible heir, then the grandson will become entitled to a share in
the inheritance as an asaba. This fact is also evident from a
hadith collected by Bukhari wherein Zayd reportedly said:
"Grandchildren are in the position of children if there is no other
male children still alive. Their males are like their males and
their females like their females. They inherit as they inherit and
preclude (other heirs) as they preclude. A grandchild does not
inherit when there is a son." Lastly, if there are more than one
son, the inheritance will be distributed equally among them.2.
Father: The father, grandfather, and great- grandfather are among
the Dhaw-ul-Faraid. However, in instances where the deceased is not
survived by a
28. son, grandson, or great-grandson, the father willassume the
status of asaba and become entitled to theresidue of the
inheritance. Yet, in the absence of thefather, his father, the
grandfather of the deceasedassumes the position of asaba. The
evidence for thisruling is a hadith collected by Bukhari wherein
IbnAbbas narrated: "The person about whom Allahs Apostle(P.B.U.H.)
said, ...regarded a grandfather as thefather himself (in
inheritance)." Also, Abu Bakr, IbnAbbas and Ibn az-Zubayr
reportedly said in anotherhadith collected by Bukhari: "The
grandfather is likea father, Ibn Abbas recited, O children of
Adam(7:26) and I hold fast to the creed of my forebears,Ibrahim and
Ishaq and Yaqub (12:38). It is notmentioned that anyone disagreed
with Abu Bakr while hewas alive while there were many Companions of
theProphet (P.B.U.H.). Ibn Abbas said, The son of my soninherits
rather than my brothers and I do not inheritfrom the son of my
son." Furthermore, the Muwatta ofImam Malik reports: "Malik said,
The generally agreedon way of doing things among us about which
there isno dispute and what I have seen the people ofknowledge in
our city doing is that when a fatherinherits from a son or a
daughter and the deceased
29. leaves children, or grandchildren through a son, the father
has a fixed share of one sixth. If the deceased does leave any
children or male grandchildren through a son, the apportioning
begins with those with whom the father shares in the fixed shares.
They are given their fixed shares. If a sixth or more is left over,
the sixth and what is above it is given to the father, and if there
is less than a sixth left, the father is given his sixth as a fixed
share, (i.e. the other shares are adjusted)." Lastly, a hadith by
Bukhari narrated by Imran ibn Husayn states: "A man came to the
Prophet (P.B.U.H.) and said: My son has died; what do I receive
from his estate? He, the Prophet (P.B.U.H.) replied: You receive a
sixth. When he turned away he called him and said: You receive
another sixth. When he turned away, he called him and said: The
other sixth is an allowance (beyond what is due). Qatadah said:
They (the Companions) did not know the heirs with whom he was given
(a sixth). Qatadah said: The minimum share given to the grandfather
was a sixth."3. Germane brother (full): In the absence of a son,
grandson, daughter, granddaughter, father, and finally a
grandfather, a germane brother, including his sons
30. and daughters when he is not available, becomes thenext in
order of succession as an asaba. The evidencefor this ruling is
detailed in the Muwatta of ImamMalik, wherein Malik reportedly
said: "The generallyagreed on way of doing things among us is that
fullsiblings do not inherit anything with sons noranything with
grandsons through a son, nor anythingwith the father. They do
inherit with the daughtersand the granddaughters through a son when
the deceaseddoes not leave a paternal grandfather. Any propertythat
is left over, they are in it as paternalrelations. One begins with
the people who are allottedfixed shares. They are given their
shares. If there isanything left over after that, it belongs to the
fullsiblings. They divide it between themselves accordingto the
Book of Allah, whether they are male or female.The male has a
portion of two females. If there isnothing left over, they have
nothing. If the deceaseddoes not leave a father or a paternal
grandfather orchildren or male or female grandchildren through
ason, a single full sister gets a half. If there aretwo or more
full sisters, they get two thirds. Ifthere is a brother with them,
sisters, whether one ormore, do not have a fixed share. One begins
with
31. whoever shares in the fixed shares. They are giventheir
shares. Whatever remains after that goes to thefull siblings. The
male has the portion of two femalesexcept in one case, in which the
full siblings havenothing. They share in this case the third of
thehalf-siblings by the mother. That case is when a womandies and
leaves a husband, a mother, half-siblings byher mother, and full
siblings. The husband has a half.The mother has one sixth. The
half-siblings by themother have a third. Nothing is left after
that, sothe full siblings share in this case with the half-siblings
by the mother in their third. The male hasthe portion of two
females in as much as all of themare siblings of the deceased by
the mother. Theyinherit by the mother. That is because Allah,
theBlessed, the Exalted, said in His Book, If a man or awoman has
no direct heir and he has a brother or asister, each one of the two
gets a sixth. If there aremore than that, they share equally in the
third. (Sura 4 ayat 12) . They therefore share in this casebecause
all of them are siblings of the deceased bythe mother." Moreover,
to reiterate, in the absenceof the germane brother, the son of the
germanebrother, the agnatic nephew of the deceased will
32. assume the position of asaba. Furthermore, ininstances
where the son of the germane brother, theagnatic nephew of the
deceased is absent, then thegrandson of the germane brother, the
agnatic grand-nephew will become entitled to share in
theinheritance as asaba; with the eligible female heir inorder of
succession also sharing along with him(claiming half of the share
of her male counterpart).The evidence for this ruling is the
Muwatta of ImamMalik which reads: "Malik said, The generally
agreedon way of doing things among us is that full siblingsdo not
inherit anything with sons nor anything withgrandsons through a
son, nor anything with the father.They do inherit with the
daughters and thegranddaughters through a son when the deceased
doesnot leave a paternal grandfather. Any property that isleft
over, they are in it as paternal relations. Onebegins with the
people who are allotted fixed shares.They are given their shares.
If there is anything leftover after that, it belongs to the full
siblings. Theydivide it between themselves according to the Book
ofAllah, whether they are male or female. The male has aportion of
two females. If there is nothing left over,they have nothing."
Furthermore, a full brother will
33. exclude a consanguine brother; because, full bloodexcludes
half-blood through a father, but not auterine brother with the same
mother. Also, themajority view is that the full and consanguine
brotheris not excluded by the paternal grandfather.
However,according to Dr. Abid Hussain the Hanafi fiqh allowsthe
paternal grandfather to totally exclude theagnatic siblings.
Lastly, it is also important to note that in theevent that the
deceased is not survived by none of theabove mentioned relatives
among the asaba, then theconsanguine (same father) brother will
become entitledto share in the inheritance, over the full
(germane)brothers son (agnatic nephew), etc. The evidence forthis
ruling is also contained in the Muwatta of ImamMalik, which reads"
"Malik said, The generally agreedon way of doing things among us,
in which there is nodispute, and which I saw the people of
knowledge inour city doing, about paternal relations is that
fullbrothers are more entitled to inherit than half-brothers by the
father and half-brothers by the fatherare more entitled to inherit
than the children of thefull brothers. The sons of the full
brothers are more
34. entitled to inherit than the sons of the half-brothersby
the father. The sons of the half-brothers by thefather are more
entitled to inherit than the sons ofthe sons of the full brothers.
The sons of the sons ofthe half-brothers by the fathers side are
moreentitled to inherit than the paternal uncle, the fullbrother of
the father. The paternal uncle, the fullbrother of the father, is
more entitled to inheritthan the paternal uncle, the half-brother
of thefather on the fathers side. The paternal uncle,
thehalf-brother of the father on the fathers side ismore entitled
to inherit than the sons of the paternaluncle, the full brother of
the father. The son of thepaternal uncle on the fathers side is
more entitledto inherit than the paternal great uncle, the
fullbrother of the paternal grandfather. Malik said,Everything
about which you are questioned concerningthe inheritance of the
paternal relations is likethis. Trace the genealogy of the deceased
and whoeveramong the paternal relations contends for inheritance.If
you find that one of them reaches the deceased by afather and none
of them except him reaches him by afather, then make his
inheritance to the one whoreaches him by the nearest father, rather
than the one
35. who reaches him by what is above that. If you find that
they all reach him by the same father who joins them, then see who
is the nearest of kin."4. Germane (full) paternal uncle: In the
event none of the above mentioned heirs are present as asaba, the
germane paternal uncle (full brother of the father of the deceased)
will assume the position as asaba, becoming entitled to the residue
of the inheritance along with the eligible female heir (claiming
half of the share of her male counterpart) in order of succession.
The evidence for this ruling is a faraid hadith collected by
Bukhari in the book of shares and inheritance wherein Ibn Abbas
reportedly said: "The son of my son inherits rather than my
brothers and I do not inherit from the son of my son." Furthermore,
it is important to note that the paternal aunt generally does not
inherit. The evidence for this ruling is contained in the Muwatta
of Imam Malik, which reads: "Yahya related to me from Malik that
Muhammad ibn Abi Bakr ibn Hazm heard his father say many times,
Umar ibn al-Khattab used to say, It is a wonder that the paternal
aunt is inherited from and does not inherit."
36. III. The last category of inheritors are referred to as
Dhaw-ul Arham (distant relations); i.e., relations connected
through females. However, it is highly unlikely that these
individuals will get any share of the inheritance due to the
absence of eligible heirs from Dhaw-ul-Faraid. Nevertheless, if
they happen to fall into the line of succession, then they are
entitled their due share. The evidence for the fact that even
Dhaw-ul Arham are entitled to a share of the inheritance after
meeting the required criteria is Surah 8:75 of the Quran which
reads: "Waallatheena amanoo minbaAAdu wahajaroo wajahadoo maAAakum
faola-ikaminkum waoloo al-arhami baAAduhum awlabibaAAdin fee kitabi
Allahi inna Allahabikulli shay-in AAaleemun;" which transliterates
into English as: "And those who accept Faith subsequently, and
adopt exile, and fight for the Faith in your company,- they are of
you. But kindred by blood have prior rights against each other in
the Book of Allah. Verily Allah is well-acquainted with all
things." Moreover, the majority of the Prophets (P.B.U.H.)
companions believed that Dhaw-ul Arham are entitled to inherit. As
a result, Imam Hanafi and Hanbali also maintain: that the Dhaw-ul
Arham are entitled to inherit in instances where Dhaw-ul- Faraid
and asaba are not available, and after a husband/widow being the
only heir and having received their respected share will
37. result in the residue falling to the Dhaw-ul Arham in
theabsence of asaba. However, it is important to note that
accordingto Aaisha Nadia Zafar and Irum Ayesha Basharat the view of
Zaidbin Thabit was that the Dhaw-ul Arham are not entitled
toinherit, and any residue in the absence of Dhaw-ul-Faraidand
asaba should instead go to the Bait-ul-mal (Muslimtreasury). Aaisha
Nadia Zafar and Irum Ayesha Basharat alsomaintain that this was
also the belief of Imam Malik andImam Shafii. Thus, the Shafii
jurist eventuallyconcluded that since the bait-ul-mal was no
longerbeing administered according to the Islamic sharia with
theending of the Muslim Caliphate, the Dhaw-ul Arham is nowentitled
to take precedence over the bait-ul-mal. The following relatives
come under the category ofDhaw-ul Arham (from the Arabic word rahm
meaning womb;i.e. those related through females): a) The son of the
daughter (grandson) and daughter of the daughter (granddaughter);
with the male getting twice the share of the female. b) The son of
the daughter of the son (great-grandson), and daughter of the
daughter of the son (great-
38. granddaughter), and their children (great-great-
grandchildren). c) The maternal grandfather, maternal grandfather
of the father (great-grandfather), the grandfather of the mother
(great-grandfather), maternal grandfather of the mother
(great-grandfather), the grandmother of the mother
(great-grandmother), the children of the sisters (nieces and
nephews), the sisters of the father (paternal aunt) and mother
(maternal aunt), etc. Grandparents (that are not true/real
grandparents inherit at a ratio of 2:1, with the male getting twice
the share of the female. Also, the full blood (germane) excluding
half blood (consanguine) rule through father applies. Lastly, all
uncles/aunts whom are not asaba, and whose power of relationship is
the same, a male will get twice the share of their respected female
counterpart. One can also
visithttp://www.islamicsoftware.org/irth/irth.html to have a
computerapplication designed by Dr. Ayman Abu-Mostafa compute
theentitled shares for each heir. Also, islamicinheritance.com is
a
39. website that can enable one to create an Islamic Will (a
pour- over will) and Living Trust in all 50 states and the District
of Columbia within 10 minutes in most cases. Those who elect to
utilize this service can expect to have a binder delivered to their
home by Priority Mail for 80-90% less than the cost of an Attorney.
Heirs and their respective shares:HEIR % SHARESon Twice When a
father has left the children as heirs, a germane share (full) son
is entitled to a of a portion that is double the female share of a
germane (full) daughterSon Share When more than one equally germane
Muslim son is alive, and there are no Muslim daughters, the
inheritance will be distributed equally among the sons
40. Son 100% When there is only one son, he inherits the entire
estateSon 4/6 When the heirs are the (4 father, mother, and a son,
parts the property is divided into 6 out of parts. One part is
taken by 6) the father and one by the mother (mother and father
share 2/3 equally), and the remaining 4 parts by the son.Sons They
When the heirs of the share deceased are the father, 4/6 mother
(who share 2/3), and equally more than one son, the sons divide 4/6
parts equally.Sons Out of When the heirs of the the 4/6, deceased
are the father, the sons mother (who share 2/3) and get several
sons and daughters, twice 4/6 are divided among them the in such a
manner, that each share son gets double the share of of the each
daughter. daughters
41. Sons Out of When the heirs of the the 5/6, deceased are a
father or the sons mother (who gets 1/6) and get several sons and
daughters, twice 5/6 are divided among them the in such a manner,
that each share son gets double the share of of the each daughter.
daughtersSon 5/6 When the heirs are the father or mother and one
son, the property is divided into 6 parts. 1/6 goes to the father
or mother, and 5/6 to the son.Sons They When the heirs are the
share father or mother (who gets 5/6 1/6) and more than one son,
equally the sons divide 5/6 equally
42. HEIR % SHAREDaughter 1/2 if only one Muslim daughter and no
Muslim sons2 or more Share If 2 or more Muslimdaughters 2/3
daughters and no Muslim Equally sons, they share 2/3 equally of
what remains2 or more 1/2 When there are bothdaughters share
germane Muslim sons and of daughters, the daughters get germane 1/2
the share of their brother brothers2 or more 1/2 When only one
germanedaughters daughter and one or more agnatic
granddaughtersDaughter 3/4 When there is only the father or mother
and one daughter, the estate will be divided into four parts. 1/4
is taken by the father or the mother, and the remaining 3/4 goes to
the daughter.
43. Daughters They When there is the father or share mother and
several 4/5 daughters, the property is equally divided into 5
parts. 1/5 is taken by the father or the mother, and the remaining
4/5 goes to the daughters.Daughters Out of When the heirs are a
father the 5/6, or mother (who gets 1/6) and the several sons and
daughters, daughters get half 5/6 are divided among them the in
such a manner, that each share of son gets double the share of the
sons each daughter.Daughters Out of When the heirs are the the 4/6,
father, mother (who share the 2/3) and several sons and daughters
get half daughters, 4/6 is divided the among them so that each son
share gets double the share of of the each daughter. sons
44. Daughter 100% When she is the only one heir, she gets the
entire inheritance (1/2 from her Quranic share and the remaining
1/2 as Asaba; because, there are no other heirs to take the
residue)Daughter 3/5 When there is only the father, mother, and one
daughter (the deceased does not have 2 consanguine brothers, or 4
consanguine sisters, or 1 consanguine brother, and 2 consanguine
sisters, the estate will be divided into 5 parts, out of which the
father and the mother take 1/5 share each, and the remaining 3/5
shares are taken by the daughter.
45. HEIR % SHARE1 wife or 1/4 When no descendents exist up to 4
among walad (Muslim wives children or agnatic Muslim grandchildren
- sons son or sons daughter)1 wife or 1/8 When there are Muslim up
to 4 children or Muslim agnatic wives grandchildren (sons son or
sons daughter) * daughters children are not entitled to inherit *
When a woman marries a man during her final illness and dies, her
husband will inherit even if the marriage was not consumated *When
a husband dies during the iddah period, the wife will inherit; but,
if one of them dies after the period or during the period of
waiting or irrevocable divorce, the other will not inherit
46. 1 wife or Equally When there are two or more up to 4 divide
wives, they must divide the wives the allotted share equally; i.e.,
allotted the share awarded to 1 wife share must be divided equally
among the other wivesHEIR % SHAREHusband 1/2 If no descendents
exist among Muslim children or Muslim agnatic grandchildren (walad)
- (sons son or sons daughter)Husband 1/4 When entitled descendents
such as Muslim children or Muslim agnatic grandchildren (walad)
exist (sons son or sons daughter)Husband inherits If a woman is
given a revocable divorce, and she dies during the waiting period
of divorce (Iddah), her husband inherits from her.
47. HEIR % SHARE Agnatic 1/2 When there is only a single grand-
agnatic granddaughter herdaughter share is a fixed one-half Agnatic
receives if no Muslim germane share grand- daughters exist from
thedaughter germane daughterAgnatic They When there are two or
moregrand- Share agnatic granddaughters asdaughters 2/3 the only
heirs equally Agnatic 1/6 When a (1) germane daughter grand- exist
along with an agnaticdaughter granddaughterAgnatic 1/2 If there are
only agnaticgrand- share of grandsons amongst the heirsdaughters
agnatic along with the agnatic grandsons granddaughtersAgnatic 0%
The existence of two orgrand- more daughters will totallydaughters
exclude any granddaughters
48. Agnatic 0% When a son of the deceasedgrand-
existdaughtersAgnatic They When there is one daughtergrand- Share
and agnatic granddaughters,daughters 1/6 the daughter inherits a
1/2 equally share and the agnatic granddaughters inherit the
remaining 1/6, (making a total of two-thirds) agnatic 2/3 When
there is an agnatic grand- grandson by a daughter, anddaughter an
agnatic granddaughterby a son by a son, the estate will be divided
into 3 parts: 1/3 will go to the agnatic grandson by a daughter,
and 2/3 to the agnatic granddaughter by a son. (When the deceased
has no children, the child of his son gets a sons share even if it
be a daughter, and the child of his daughter gets a daughters share
even if it be a son)
49. HEIR % SHAREagnatic Twice When there are agnaticgrandsons
the grandsons, then the principle share that the male inherits a of
an portion equivalent to that agnatic of two females applies grand-
daughteragnatic 0% Muslim agnatic grandsonsgrandsons do not
inheritance whenever the deceased has a living sonagnatic 1/3 When
there is an agnaticgrandson grandson by a daughter, and by an
agnatic granddaughterdaughter by a son, the estate will be ,
divided into 3 parts: 1/3 will go to the agnatic grandson by a
daughter, and 2/3 to the agnatic granddaughter by a son. *When the
deceased has no children, the child of his son gets a sons share
even if it be a daughter, and the child of his daughter gets a
daughters share even if it be a son
50. HEIR % SHAREGrand- 1/6 The maternal grandmothermother
inherits in the absence of the(real mother of the deceasedmother
offather ormother)Grand- 1/6 The paternal grandmothermother
inherits in the absence of the father of the deceased *The
inheritance rights ascend up to the fathers fathers mother or
mothers mothers mother (great- grandmothers), etc.Grand- Equally
The paternal and maternalmothers divide grandmothers divide the 1/6
the share equally if both are allotted eligible to inherit 1/6
share
51. Grand- 0% If mother existmotherPaternal gets When there are
paternal grand- 1/2 the grandparents together with mother share
maternal grandparents, the of the estate will be divided into 3
paternal parts. 1/3 will be divided grand- equally between the
father maternal grandfather and the maternal grandmother, and the
remaining 2/3 will go to the paternal grandfather and the paternal
grandmother, from which the paternal grandfather gets twice the
share of the paternal grandmother.Maternal Shares When the heirs of
thegrand- 1/3 deceased are paternalmother equally grandparents
together with with maternal grandparents, the
52. the estate will be divided into 3 maternal parts. One part
will be grand- divided equally between the father maternal
grandfather and the maternal grandmother, and the remaining 2 parts
will go to the paternal grandfather and the paternal grandmother,
from which the paternal grandfather gets twice the share of the
paternal grandmother.Uterine Share When the heirs aregrand- equally
grandparents and brothersmother or sister from the mothers side
(uterine), the estate is divided among them equally, though they
are of different genders.
53. HEIR % SHAREMother 1/6 When there is a Muslim child or
Muslim agnatic grandchildMother 1/3 When there is no Muslim child
or Muslim agnatic grandchildMother 1/6 If the deceased son left
Muslim brothers or sisters of any kind (uterine, consanguine,
etc.)Mother 1/6 If the deceased daughter leaves behind a husband
and both Muslim Parents (mother and father) as only heirs No * if
no mother (her mom), theMother grandmother takes her placeMother
1/3 If no Muslim child, etc., and no Muslim father, but the Muslim
grandfather of the deceased exist as an heir
54. Mother 1/6 Deceased has child or 2 or more
brothers/sistersMother 1/3 Deceased had no child or 2 or more
brothers/sistersMother 1/4 Deceased had only parents and wife HEIR
% SHAREUterine 1/6 Is allotted to a uterine (sameBrother mother)
brother from a sibling who has no Muslim child, agnatic grandchild,
or Muslim parent, etc. (kalala) Uterine They If the only heirs are
aBrothers share paternal brother and sister, 1/3 and several
maternal equally brothers and sisters, the with estate will be
divided into 3 uterine parts. One part (1/3) will be sisters shared
among the maternal brothers and sisters equally, and the remaining
2 parts will be divided among
55. the paternal brothers and sisters, in such a manner that
every brother gets double the share of every sister.Consanguine
Gets When the only heirs are abrother twice paternal brother and
sister, the and several maternal share brothers and sisters, the of
the consanguine estate will be divided into 3 sisters parts: 1/3
will be shared from among the maternal the 2/3 brothers and sisters
equally, and the remaining 2/3 will be divided among the paternal
brothers and sisters so that every brother gets double the share of
every sister.Uterine 100% If the only heir of deceased half- (1/6
is one maternal half-brother Quranicbrother share (their father
being different), plus 5/6 he gets the entire estate. as
asaba)
56. Uterine They When there are several half- share maternal
half-brothersbrothers equally alone, or several maternal sisters
alone, or both of them together, the estate is divided equally
among them.Brother 100% When he is the sole heirConsanguine 0% When
there are realbrothers (germane) brothers and sisters, together
with half brothers and sisters from the fathers side (Consanguine),
and one half- brother or one half-sister from maternal side
(uterine), the paternal brothers and sisters will not inherit. (The
estate will be divided into 6 parts, from which one part will be
inherited by the maternal brother or sister, and the remaining 5
parts will be divided by the real brothers and sisters among
57. themselves, in such a manner that every brother will get
double the share of every sister.)Consanguine 0% When there are
realbrothers brothers and sisters together with paternal brothers
and sisters, and several maternal brothers and sisters, the
paternal brothers and sisters will not inherit. In this case, the
estate will be divided into 3 parts, from which 1/3 part will be
divided equally by the maternal brothers and sisters, and the
remaining 2/3 parts will be divided among the real brothers and
sisters, in such a manner that every brother gets double the share
of every sister.
58. When the only heirs of deceased are his paternal brother
and sister, and several maternal brothers and sisters, the estate
will be divided into 3 parts. One part will be shared among the
maternal brothers and sisters equally, and the remaining 2 parts
will be divided among the paternal brothers and sisters, in such a
manner that every brother gets double the share of every
sister.Germane Divide When there are several realbrothers 100%
brothers alone, they divide equally the property equally among
themselvesBrother 1/3 to Is allotted to a uterine (same share
mother) brother in instances equally with all where a kalala dies
leaving siblings behind additional Muslim (3 or uterine siblings as
heirs (3+) more)
59. Brother 100% When a sister dies as a kalala, leaving the
brother in question as the sole heirBrothers Twice When a sister
dies as a the kalala and leaves germane share (full) brothers and
sisters of a as heirs femaleBrothers Equally if there are Muslim
uterine divide brothers and sisters plus the Muslim germane
brothers allotted and sisters (full), then they share share in the
residue * Uterine siblings only inherit in the absence of Muslim
descendents and ascendants (a Muslim child, agnatic grandchild, or
parent); i.e., when the deceased is a kalala * Uterine siblings
inherit equally, as do their descendents
60. Consanguine 2/3 When there is a paternalbrother brother and
maternal grandfather, the paternal (consanguine) brother inherits
2/3 and the maternal grandfather inherits 1/3 of the estateBrothers
1/3 to Umar ibn al-Khattab (both share allowed the germane (full)
uterine equally brothers to inherit equally and with all with the
uterine brothers ingermane) siblings the share of 1/3.Consanguine
When the deceased is 0% (half) survived by descendants or aBrother
father on themothers side Uterine Share When there arebrothers
equally grandparents and brothers or sister from the mothers side
(uterine), the estate is divided among them equally, though they
are of different genders.
61. HEIR % SHARENEPHEW A male Agnatic (related to the and gets
deceased from the fathers NIECE twice or male side) nephews
and(Children the nieces are only entitled to of share inherit in
the absence ofBrothers of a their parents (agnatic) /Sisters)
female brothers and sisters of the deceased; thus, a nephew/niece
will receive what his/her parent would have received if he/she was
alive. They will also not inherit if the children or childrens
children of the deceased are living.NEPHEW 0% as The niece and
nephew from and long as the sisters side (thawil NIECE an arham)
will not inherit as(Children eligible long as the deceaseds heir of
parents, grandparents, existBrothers great-grandparents, etc.,
/Sisters) children, grandchildren, brothers, sisters, paternal
uncles, paternal uncles son,
62. grandson, great-grandson, brothers son, grandson,
great-grandson, etc. are alive. If this is the case, a nephew or
niece assumes the share of the absent heir.Uterine Shares When
there is a paternalnephew 1/3 brother, maternal equally
grandfather, and maternal with nephew, the paternal uterine
(consanguine) brother grand- father inherits 2/3 and the maternal
(uterine) grandfather inherits 1/3 of the estate equally with the
uterine nephewHEIR % SHAREAgnatic 1/6 When a male descendent (real)
(replaces such as his Muslim son died hisGrand- deceased with a
living Muslim son orfather son) agnatic Muslim grandson in his
absence, etc.
63. Agnatic 1/6 plus When his Muslim daughter (real) residue or
agnatic MuslimGrand- as an granddaughter etc., exist
asabafatherAgnatic 100% as When no Muslim children (real) asaba
male or Muslim femaleGrand- agnatic descendent existfatherAgnatic
0% When the father of the (real) deceased existGrand-fatherAgnatic
Inherits Deceased has no father and (real) as no childGrand- asaba
onlyfather and gets residueAgnatic 1/6 Deceased has no father, but
(real) has sons or sons sonsGrand- (agnatic grandsons)father
64. Agnatic Replaces the absent father; (real) but, unlike the
absent father,Grand- the grandfather does notfather reduce the
mothers share to 1/3 of the residue, nor entirely exclude the
paternal grandmother. According to Bukhiri and Imam Muslim, the
father deprives the brothers of their share; however, this
authority does not apply to the grandfather. Imam Abu Hanifa,
unlike Bukhari and Imam Muslim is of the opinion that the
grandfather deprives the brother of his share in the inheritance. *
The grandfather excludes the Great-grandfather
65. Uterine Shares When there are paternalgrand- 1/3
grandparents together withfather equally maternal grandparents, the
with the estate will be divided into 3 maternal grand- parts: 1/3
will be divided mother equally between the maternal grandfather and
grandmother, and the remaining 2/3 will go to the paternal
grandfather and grandmother, from which the paternal grandfather
gets twice the share of the paternal grandmother.Consanguine gets
When the heirs of the grand- twice deceased are paternal father the
grandparents together with share maternal grandparents, the of the
paternal estate will be divided into 3 grand- parts. One part will
be mother divided equally between the maternal grandfather and the
maternal grandmother, and the remaining 2 parts will go to the
paternal
66. grandfather and the paternal grandmother, from which the
paternal grandfather gets twice the share of the paternal
grandmother.Uterine 1/3 When there is a paternalgrand- brother and
maternalfather grandfather, the paternal (consanguine) brother
inherits 2/3 and the maternal grandfather inherits 1/3 of the
estateUterine Shares When there is a paternalgrand- 1/3 with
brother, maternalfather the grandfather, and maternal uterine
nephew, the paternal nephew (consanguine) brother inherits 2/3 and
the maternal (uterine) grandfather inherits 1/3 of the estate
equally with the uterine nephew
67. Uterine Shares When the heirs aregrand- equally
grandparents and brothersfather or sister from the mothers side
(uterine), the estate is divided among them equally, though they
are of different genders.HEIR % SHAREGermane When the deceased is
also Sister survived by a consanguine sister(s) from the fathers
side, in addition to his germane sisterGermane 0% When there are
descendants Sister or a fatherGermane They When there are several
real sisters share sisters alone, they divide the 100% property
equally among equally themselves
68. Consanguine 0% When the deceased is (half)sister on
survived by descendants or afathers father sideConsanguine 1/6 When
the deceased has a (half)sister on germane (full) sisterfathers
sideConsanguine They When there is more than 1sister on share
consanguine sisterfathers 2/3 side equallyConsanguine 0% When there
is 1 germanesister on sister and agnaticfathers granddaughter of
the side deceased (sons daughter)Consanguine 0% When the deceased
is (half)sister on survived by descendants or amothers father
side
69. Consanguine 0% When there are real sister (germane)
brothers and sisters, together with half brothers and sisters, and
one half-brother or one half-sister from maternal side (uterine),
the paternal brothers and sisters will not inherit. (The estate
will be divided into 6 parts, from which one part will be inherited
by the maternal brother or sister, and the remaining 5 parts will
be divided by the real brothers and sisters among themselves, in
such a manner that every brother will get double the share of every
sister.)Consanguine When there is a paternal sister the brother and
sister, and share several maternal brothers of the and sisters, the
estate will consanguine brother be divided into 3 parts: 1/3
70. from will be shared among the the 2/3 maternal brothers and
share sisters equally, and the of the remaining 2/3 will be divided
estate among the paternal brothers and sisters, in such a manner
that every brother gets double the share of every sister.Uterine
Shares When there are sister equally grandparents and brothers or
uterine sister, the estate is divided among them equally, though
they are of different genders.Consanguine 0% When there are two or
moresister on germane (full) sistersfathers sideConsanguine O% When
there is a germanesister on brotherfathers side
71. Uterine Shares When her deceased sibling sister 1/6 dies as
kalala, and also equally leaves a uterine brotherUterine 1/6 When
she is the only uterine sister sister of the deceasedUterine Shares
When their deceased uterine sister 1/3 sibling dies as kalala, and
equally leaves more than one uterine sister or brotherGermane Share
When a man dies (their sisters 2/3 brother) and leaves no child,
equally and they (germane sisters) are the only heirsGermane 1/2
When a man dies (her siste