Islamic Inheritance Shares for Full Brother and Full Sister

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.

Full Sister’s Share in Islamic Inheritance Law

In Islamic inheritance law, the share of a full sister is determined by several factors, including the number of sisters, the presence or absence of offspring, male paternal ancestors, and full brothers of the deceased. The rules for the full sister’s share, as outlined in Surah An-Nisa (4:176) of the Quran, are as follows:

The Full Sister will receive 1/2 if all the following conditions are met

1. There’s only one full sister, AND
2. There are no offspring (children or descendants), AND
3. There are no male paternal ancestors, AND
4. There are no full brothers.

If there’s only one full sister and the conditions are met (no offspring, no male paternal ancestors, no full brothers), she inherits half (1/2) of the estate. This acknowledges her rights as the sole heir under these circumstances.

Full Sisters will receive 2/3 if all the following conditions are met

1. There are multiple full sisters, AND
2. There is no offspring (children or descendants), AND
3. There are no male paternal ancestors, AND
4. There are no full brothers.

When multiple full sisters meet the specified conditions (no offspring, no male paternal ancestors, no full brothers), they get two-thirds (2/3) of the estate. This ensures that the collective rights of full sisters are protected when there are no offspring, male paternal ancestors, or full brothers.

Full Sisters will receive Residual Shares if all the following conditions are met

1. There are both full brother and full sister, AND
2. There is no offspring (children or descendants), AND
3. There are no male paternal ancestors

When there are living full brothers, full sisters would be the residual sharer and not the prescribed sharer. In this case, a full sister would get half (1/2) of what a full brother receives. In other words, the full 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 full sister’s share is determined based on the specific circumstances of the deceased, preserving the full sister’s rights by Islamic inheritance laws, and the guidance provided in the Quran.