Islamic Inheritance Shares for Husband, two Paternal Sisters and two Maternal Brothers
In this case study, three key sharers, namely a husband, two paternal sisters and two maternal brothers, are involved. All of them are entitled to prescribed or fixed shares. 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 no offspring (children or descendants), so, the husband is entitled to receive half (1/2) of the total estate.
Husband’s Share = 50% of the estate
Paternal Sister’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a paternal sister is determined by several factors, including the number of paternal sisters, the presence or absence of offspring, male paternal ancestors, full brothers, full sisters and paternal brothers of the deceased. The rules for the paternal sister’s share are as follows:
The Paternal Sister will receive 1/2 if all the following conditions are met
- There’s only one paternal sister, AND
- There are no offspring (children or descendants), AND
- There are no male paternal ancestors, AND
- There are no full brothers and full sisters, AND
- There are no paternal brothers.
If there’s only one paternal sister and the conditions are met (no offspring, no male paternal ancestors, no full brothers, no full sisters, no paternal brothers), she inherits half (1/2) of the estate. This acknowledges her rights as the sole heir under these circumstances.
Paternal Sisters will receive 2/3 if all the following conditions are met
- There are multiple paternal sisters, AND
- There are no offspring (children or descendants), AND
- There are no male paternal ancestors, AND
- There are no full brothers and full sisters, AND
- There are no paternal brothers.
When multiple paternal sisters meet the specified conditions (no offspring, no male paternal ancestors, no full brothers, no full sisters, no paternal brothers), they get two-thirds (2/3) of the estate. This ensures that the collective rights of paternal sisters are protected when there are no offspring, male paternal ancestors, full brothers, full sisters or paternal brothers.
Paternal Sisters will receive 1/6 if all the following conditions are met
- There is only one paternal sister, AND
- There are no offspring (children or descendants), AND
- There are no male paternal ancestors, AND
- There are no full brothers and full sisters, AND
- There are no paternal brothers.
When there is only one full sister and specified conditions met (no offspring, no male paternal ancestors, no full brothers, no full sisters, no paternal brothers), they get one-sixth (1/6) of the estate. This ensures that the collective rights of paternal sisters are protected when there are no offspring, male paternal ancestors, full brothers, or paternal brothers.
Paternal Sisters will receive Residual Shares if all the following conditions are met
- There are both paternal brother and paternal sister, AND
- There are no offspring (children or descendants), AND
- There are no male paternal ancestors, AND
- There are no full brothers and full sisters
When there are living paternal brothers, paternal sisters would be the residual sharer and not the prescribed sharer. In this case, a paternal sister would get half (1/2) of what a paternal brother receives. In other words, the paternal sister gets half the share of her brother. This is based on the principle of the Quranic verse [Surah AnNisa 4:11].
These rules ensure that the paternal sister’s share is determined based on the specific circumstances of the deceased, preserving the paternal sister’s rights in accordance with Islamic inheritance laws, and the guidance provided in the Quran.
Concluded Share of paternal sisters:
In this scenario, the deceased has multiple paternal sisters, so, they are entitled to receive a prescribed share of two-thirds (2/3) of the total estate.
Paternal sisters’ Share = 66.67% of the estate
Maternal Sibling’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a maternal sibling is determined by several factors, including the number of maternal siblings, the presence or absence of male offspring, and male paternal ancestors of the deceased. The rules for the maternal sibling’s share are as follows, with specific references to the Quranic verse An-Nisa (4:12)
Maternal Sibling receives one-sixth (1/6) if all the following conditions are met
- If the deceased has only one maternal sibling, AND
- If the deceased does not have any male offspring (sons or male descendants), AND
- If the deceased does not have any male paternal ancestors (such as the father or grandfather)
If the deceased has a single maternal sibling and meets the specified conditions (no male offspring, no male paternal ancestors), that maternal sibling is entitled to receive one-sixth (1/6) of the estate. This allocation recognizes the rights of the single maternal sibling in the absence of other qualifying heirs.
Maternal Siblings receive one-third (1/3) if all the following conditions are met
- If the deceased has multiple maternal siblings, AND
- If the deceased does not have any male offspring (sons or male descendants), AND
- If the deceased does not have any male paternal ancestors (such as the father or grandfather)
If the deceased has multiple maternal siblings and fulfills the specified conditions (no male offspring, no male paternal ancestors), these maternal siblings are entitled to a one-third (1/3) share of the estate, and this share will be equally divided among them. This distribution ensures that the collective rights of the maternal siblings are upheld when there are no male offspring or male paternal ancestors.
These rules ensure that the maternal sibling’s share is determined based on the number of maternal siblings and the presence or absence of male offspring and male paternal ancestors of the deceased, in accordance with Islamic inheritance laws and the Quranic verse An-Nisa (4:12).
Concluded Share of Maternal Siblings:
In this scenario, the deceased has multiple maternal siblings, so, they are entitled to receive one-third (1/3) of the total estate.
Maternal Siblings’ Share = 33.33% of the estate
Calculation steps performed in this case study:
- Husband gets the prescribed share of 1/2 (Rule 1a).
- Paternal Sister gets the prescribed share of 2/3 (Rule 11b).
- Maternal Siblings gets the prescribed share of 1/3 (Rule 12b).
- Maternal Brothers gets 1/6 & Maternal Sisters gets 1/6 – the ratio 1:1 (Rule 33).
- Total shares have exceeded 100%. Shares need to be reduced proportionally (Rule 18).
Recalculation of shares:
In this case, we have to distribute between the husband, two paternal sisters and two maternal brothers. The shares will be 1/2, 2/3 and 1/3 respectively. After solving the expression of ( 1/2 + 2/3 + 1/3 ) it gives us 3/2 which is more than 1. But this must be less than or equal to 1. Currently, we have only 2 shares and need to distribute 3 shares. Now, we will reduce the shares of all eligible heirs, proportionally. So, instead of dividing the shares by 2 ( available shares ), we will divide their shares by 3.
You can observe the proportional reduction in shares as follows:
Husband’s shares = 1/2 => 1/3
Paternal Sisters shares = 2/3 = 4/6 => 4/9
Maternal Brothers shares = 1/3 = 2/6 => 2/9
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Husband | 1/3 | 33.33% |
| Paternal Sisters | 4/9 | 44.44% |
| Maternal Brothers | 2/9 | 22.22% |
| Total | 9/9 | 100% |
Shares by Individual:
| Relative | Share Fraction | Share Percentage |
|---|---|---|
| Husband | 3/9 = 1/3 | 33.33% |
| Paternal Sister 1 | 2/9 | 22.22% |
| Paternal Sister 2 | 2/9 | 22.22% |
| Maternal Brother 1 | 1/9 | 11.11% |
| Maternal Brother 2 | 1/9 | 11.11% |
| Total | 9/9 | 100% |
