Islamic Inheritance Shares For Husband, Mother, two Paternal Brothers and two Maternal Brothers

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

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

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

1. If the deceased has only one maternal sibling, AND
2. If the deceased does not have any male offspring (sons or male descendants), AND
3. 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

1. If the deceased has multiple maternal siblings, AND
2. If the deceased does not have any male offspring (sons or male descendants), AND
3. 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

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.