Islamic Inheritance Shares for Husband, two Sons, Daughter, Father, Mother, Grandfather and Full Brother
In this case study, seven key sharers, namely a husband, two sons, a daughter, a father, a mother, a grandfather and a full brother, are involved. The husband, father and mother are entitled to prescribed or fixed shares, while the son and daughter receive a residual share. The grandfather gets nothing in the presence of the father and the full brother gets nothing in the presence of the son. We explore the various categories of sharers and examine the application of Islamic Inheritance and Quranic laws in the estate distribution process between them.
Prescribed sharers (Al Faraid)
Understanding Prescribed Sharers in Islamic Inheritance
Prescribed sharers in Islamic inheritance are individuals who are designated by Islamic law to receive fixed shares of the deceased’s estate. These shares are determined based on specific relationships and are aimed at ensuring equitable distribution of assets among heirs. Explore the rules and principles governing prescribed sharers in Islamic inheritance.
The Role of Prescribed Sharers in Islamic Inheritance
Prescribed sharers play a crucial role in the inheritance distribution system outlined in the Quran. Learn about the hierarchy of prescribed sharers, including spouses, children, parents, siblings, and more. Discover how these individuals are entitled to inherit specific portions of the estate and the significance of this system in Islamic law.
Husband’s Share in Islamic Inheritance Law
The husband holds a distinct position as a prescribed sharer in Islamic inheritance. According to the Quranic verse [Surah AnNisa 4:12], a husband’s share of the deceased wife’s estate depends on whether the deceased has offspring or not. Explore the wisdom behind these provisions, which aim to protect the financial interests of the surviving husband. Here are the key scenarios:
Husband’s Share when the Deceased Wife Has No Offspring
If the deceased wife does not have any children or offspring, the husband is entitled to one-half (1/2) of her estate. This means he receives 50% of her assets after any outstanding debts and expenses are settled.
Husband’s Share when the Deceased Wife Has Offspring
When the deceased wife has children or offspring, the husband’s share is one-fourth (1/4) of her estate, which is 25% of her assets. The remaining estate is distributed among the children according to the Islamic inheritance rules.
Concluded Share of the Husband:
In this scenario, the deceased wife has offspring (children or descendants), so, the husband is entitled to receive one-fourth (1/4) of the total estate.
Husband’s Share = 25% of the estate
Father’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a father is outlined in the Quranic verse [Surah AnNisa 4:11]. According to this verse, the father receives a specific portion of the deceased’s estate, provided that the deceased has offspring or not. The details of the father’s share are as follows:
The father is entitled to receive a share of the deceased’s estate if the deceased has offspring, which includes children, grandchildren, or even more distant descendants. This provision ensures that the father’s inheritance is applicable when there are descendants from the deceased.
Father’s fixed share when the deceased has offspring
The father’s share is fixed at one-sixth (1/6) of the total estate when the deceased has offspring. This means that the father is entitled to a portion of the inheritance that amounts to one-sixth of the entire estate’s value.
Father as residual sharer when the deceased has no offspring
The father is entitled to receive a residual share of the deceased’s estate if the deceased has no offspring, which includes children, grandchildren, or even more distant descendants.
Islamic inheritance laws serve as a means to ensure a fair and just distribution of assets among heirs, guaranteeing that each individual’s rights are respected and protected by the principles of Islamic jurisprudence and the Quran.
Concluded Share of the Father:
In this scenario, the deceased has offspring (children or descendants), so, the father is entitled to receive one-sixth (1/6) of the total estate.
Father’s Share = 16.67% of the estate
Mother’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a mother is outlined in the Quranic verse [Surah AnNisa 4:11]. According to this verse, the mother receives a specific portion of the deceased’s estate, provided that the deceased has offspring or not. The allocation of a mother’s share depends on various factors, including the presence of other heirs, such as children and siblings. Here are the key rules regarding a mother’s share in Islamic inheritance:
Mother’s share when deceased does not have offspring and multiple siblings:
- The deceased does not have any offspring, AND
- The deceased does not have multiple siblings (full, paternal, maternal)
In cases where the deceased has no children or descendants and does not have multiple siblings, the mother’s share is one-third (1/3) of the total estate, equivalent to 33.33% of the assets. This allocation prioritizes the financial well-being of the mother in the absence of offspring or multiple siblings.
Mother’s share when deceased has offspring or multiple siblings:
- The deceased has offspring, OR
- The deceased has multiple siblings (full, paternal, maternal)
When the deceased has offspring or multiple siblings, the mother’s share is adjusted to one-sixth (1/6), approximately 16.67% of the estate. This adjustment accommodates the presence of other heirs, ensuring fairness and equity in asset distribution.
These rules ensure that the mother’s share is determined based on specific family circumstances, by Islamic inheritance laws and the guidance provided in the Quranic verse [Surah AnNisa 4:11].
Concluded Share of the Mother:
In this scenario, the deceased left offspring (children or descendants) or multiple siblings, so, the mother would receive one-sixth (1/6) of the total estate.
Mother’s Share = 16.67% of the estate
Residual Sharers
In Islamic inheritance law, the concept of residual sharers plays a crucial role in ensuring the equitable distribution of an estate among heirs. Residual sharers are those individuals who inherit from what remains of the deceased’s estate after the primary sharers have received their designated shares.
Residual sharers are typically close relatives, such as male offspring, male ancestors, and male siblings, who become entitled to inherit after the primary sharers, like spouses, children, and parents, have received their allotted portions. Their role is vital in ensuring that the remaining assets are distributed fairly and following Islamic principles. The order of residual sharers is defined under Rule #13 & Rule #14.
Daughter’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a daughter is determined by several factors, including the presence or absence of sons and the number of daughters. The rules for the daughter’s share are based on Islamic principles which are as follows:
Daughter’s Share when there is Only One Daughter and No Sons
When the deceased person has only one daughter and no surviving sons, the daughter is entitled to receive half (1/2) of the estate. This is based on the Quranic verse [Surah AnNisa 4:11].
Daughters’ Share when there are Multiple Daughters and No Sons
When the deceased person has multiple daughters but no surviving sons, the daughters collectively inherit two-thirds (2/3) of the estate which will be divided equally among all daughters. This is also based on the Quranic verse [Surah AnNisa 4:11].
Daughters’ Share When There Are Sons
When there are surviving sons, daughters would be residual sharers and not the prescribed sharers. In this case, daughters receive half (1/2) of what sons receive. In other words, daughters get half the share of their brothers. This is based on the principle of the Quranic verse [Surah AnNisa 4:11].
For example, if there is one daughter and one son, the daughter would receive one-third (1/3) of the inheritance, while the son would receive double, which is two-thirds (2/3) of the inheritance.
Son’s Share as a Residual Sharer in Islamic Inheritance
In Islamic inheritance law, a son is a significant residual sharer. This means that when the estate of a deceased person is distributed among the heirs, the son is entitled to inherit from what remains after the shares of other primary sharers have been allocated. The specifics of the son’s share as a residual sharer are determined by a set of rules established in the Quran and Hadith, ensuring fairness and financial security for the surviving family members. In this scenario, Son is the residual sharer.
Calculation of shares for daughter and son
Estate for Residual Sharers = Total Estate – Share of Prescribed Sharers
Estate for Residual Sharers = Total Estate – Husband’s Share – Father’s Share – Mother’s Share
Estate for Residual Sharers = 100% – 25% – 16.67% – 16.67%
Estate for Residual Sharers = 41.66%
Let us distribute the remaining estate of 41.66% among 2 sons and 1 daughter.
Given that a son receives twice the share of a daughter, the distribution ratio is 2:1 for son and daughter, respectively.
Total Parts: 2 (for son1) + 2 (for son2) + 1 (for daughter) = 5
Son1 Share = 41.66% * 2/5 = 16.66%
Son2 Share = 41.66% * 2/5 = 16.66%
Daughter’s Share = 41.66% * 1/5 = 8.33%
Grandfather’s Share in Islamic Inheritance Law
Grandfather’s share as a residual sharer in Islamic inheritance depends on several factors, primarily the presence of other heirs, including parents, spouses, offspring and siblings. The key rules for calculating the grandfather’s share as a residual sharer are as follows:
Concluded Share of Grandfather:
In this scenario, the grandfather gets nothing because the father of the deceased blocks the grandfather.
Full Brother’s Share in Islamic Inheritance Law
Full brother’s share as a residual sharer in Islamic inheritance depends on several factors, primarily the presence of other heirs, including parents, spouses, offspring and siblings. The key rules for calculating the full brother’s share as a residual sharer are as follows:
Concluded Share of Full Brother:
In this scenario, the full brother gets nothing because the son of the deceased blocks the full brother.
Calculation steps performed in this case study:
- Son blocks Full Brother from receiving any share. (Rule 13).
- Father blocks Grandfather from receiving any share. (Rule 13).
- Husband gets the prescribed share of 1/4 (Rule 1b).
- Father gets the prescribed share of 1/6 (Rule 5a).
- Mother gets the prescribed share of 1/6 (Rule 6b).
- Distribute the remaining shares according to relative priority (Rule 14).
- Joint Ta’seeb of Son and Daughter (Rule 44).
- Son and Daughter share in the ratio of 2:1 (Rule 15).
- Son gets the share of 1/3 and Daughter gets the share of 1/12. (Rule 15, 44).
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Husband | 1/4 | 25% |
| Sons | 1/3 | 33.33% |
| Daughter | 1/12 | 8.33% |
| Father | 1/6 | 16.67% |
| Mother | 1/6 | 16.67% |
| Grandfather | 0/12 | 0% |
| Full Brother | 0/12 | 0% |
| Total | 12/12 | 100% |
Shares by Individual:
| Relative | Share Fraction | Share Percentage |
|---|---|---|
| Husband | 3/12 = 1/4 | 25% |
| Son 1 | 2/12 = 1/6 | 16.66% |
| Son 2 | 2/12 = 1/6 | 16.66% |
| Daughter | 1/12 | 8.33% |
| Father | 2/12 = 1/6 | 16.67% |
| Mother | 2/12 = 1/6 | 16.67% |
| Grandfather | 0 | 0% |
| Full Brother | 0 | 0% |
| Total | 12/12 | 100% |
