Islamic Inheritance Shares For Father and Full Brother
In this case study, two key sharers, namely a father and a full brother, are involved. The father is entitled to prescribed or fixed shares, while the full brother gets nothing in the presence of the father. We explore the various categories of sharers and examine the application of Islamic Inheritance and Quranic laws in the estate distribution process between them.
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.
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 Father:
In this scenario, the father would get a residual share.
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 father of the deceased blocks the full brother.
Calculation steps performed in this case study:
- Father blocks FullBrother from receiving any share. (Rule 13).
- Distribute the remaining shares according to relative priority (Rule 14)
- Father is the only heir remaining receiving share of 1/1 (Rule 14).
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Father | 1/1 | 100% |
| Full Brother | 0/1 | 0% |
| Total | 1/1 | 100% |
