Islamic Inheritance Shares for Husband, Father and Mother
In this case study, three key sharers, namely a husband, father, and mother, are involved. The husband and mother are entitled to a prescribed or fixed share, while the father receives a residual share in this case. 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
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 has not left any offspring (children or descendants) or multiple siblings, so, the mother would receive one-third (1/3) of the total estate.
Mother’s Share = 33.33% 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
Recalculation of parents’ shares in the absence of offspring or siblings
As there is no offspring and sibling, so, the father becomes a residual sharer. But in this case, the mother is getting 1/3, the double that the father is getting 1/6. We need to recalculate the shares of father and mother to distribute in a ratio of 2:1.
Calculation steps performed in this case study:
- Husband gets the prescribed share of 1/2 (Rule 1a).
- Mother gets the prescribed share of 1/3 (Rule 6a).
- Distribute the remaining shares according to relative priority (Rule 14)
- Father is the only heir remaining receiving a share of 1/6 (Rule 14).
- Special rules need to be applied for parent’s share calculation (Rule 21).
- Father gets the share of 1/3 and Mother gets the share of 1/6 (Rule 21)
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Husband | 3/6 = 1/2 | 50% |
| Father | 2/6 = 1/3 | 33.33% |
| Mother | 1/6 | 16.67% |
| Total | 6/6 | 100% |
