Islamic Inheritance Shares For Grandfather and three Full Brothers
In this case study, two key sharers, namely a grandfather and three full brothers, are involved. The grandfather is entitled to prescribed or fixed shares, while the full brothers receive a residual share. 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.
Grandfather’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of the paternal grandfather is determined by the presence of a father and offspring of the deceased. The rules for the paternal grandfather’s share are as follows:
Grandfather’s fixed share when following conditions are met
- The deceased does not have a father, AND
- The deceased has offspring
If the deceased’s father is not alive and the deceased has offspring (children or descendants), the paternal grandfather is eligible to receive a fixed share of one-sixth (1/6) of the estate. This provision ensures that the paternal grandfather can inherit when the father is not alive.
Grandfather’s residual share
If the deceased’s father is not alive and the deceased has no offspring (children or descendants), the paternal grandfather becomes a residual sharer and is eligible to receive the remaining estate after distributing it to all fixed or prescribed sharers. This provision ensures that the paternal grandfather can inherit more than one-sixth (1/6).
These rules ensure that the paternal grandfather’s share is determined based on the absence of a father and the presence of offspring, with the primary aim of preserving the rights of the paternal grandfather in accordance with Islamic inheritance laws and principles.
Concluded Share of the Grandfather:
In this scenario, the deceased has offspring (children or descendants), so, the paternal grandfather is entitled to receive one-sixth (1/6) of the total estate.
Paternal Grandfather’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.
Calculation of the Full Brother’s Share
Full brother’s share as a residual sharer in Islamic inheritance depends on several factors, primarily the presence of other heirs, including parents, spouses, and siblings. The key rules for calculating the full brother’s share as a residual sharer are as follows:
Calculation of shares for full brothers
Estate for Residual Sharers = Total Estate – Share of Prescribed Sharers
Estate for Residual Sharers = Total Estate – Grandfather’s Share
Estate for Residual Sharers = 100% – 33.33%
Estate for Residual Sharers = 66.67%
Calculation steps performed in this case study:
- Grandfather gets the prescribed share of 1/6 (Rule 7a).
- Distribute the remaining shares according to relative priority (Rule 14).
- Grandfather & siblings case need to be handled as a special case (Rule 23).
- Grandfather is given 1/3 of the residual share. He gets the total share of 1/3 (Rule 23d).
- Full Brothers gets the remaining residual share of 2/3 (Rule 23c).
Shares by Category:
Relative Category | Share Fraction | Share Percentage |
---|---|---|
Grandfather | 1/3 | 33.33% |
Full Brothers | 2/3 | 66.67% |
Total | 3/3 | 100% |
Shares by Individual:
Relative | Share Fraction | Share Percentage |
---|---|---|
Grandfather | 1/3 | 33.33% |
Full Brother 1 | 2/9 | 22.22% |
Full Brother 2 | 2/9 | 22.22% |
Full Brother 3 | 2/9 | 16.66% |
Total | 9/9 | 100% |