Islamic Inheritance Shares for Daughter, Granddaughter and Two Full Sisters
In this case study, three key sharers, namely a daughter, a granddaughter and two full sisters, are involved. The daughter and granddaughter are entitled to prescribed or fixed shares, while the full sisters 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.
Daughter’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a daughter is determined by several factors, including the presence or absence of sons and the number of daughters. The rules for the daughter’s share are based on Islamic principles which are as follows:
Daughter’s Share when there is Only One Daughter and No Sons
When the deceased person has only one daughter and no surviving sons, the daughter is entitled to receive half (1/2) of the estate. This is based on the Quranic verse [Surah AnNisa 4:11].
Daughters’ Share when there are Multiple Daughters and No Sons
When the deceased person has multiple daughters but no surviving sons, the daughters collectively inherit two-thirds (2/3) of the estate which will be divided equally among all daughters. This is also based on the Quranic verse [Surah AnNisa 4:11].
Daughters’ Share When There Are Sons
When there are surviving sons, daughters would be residual sharers and not the prescribed sharers. In this case, daughters receive half (1/2) of what sons receive. In other words, daughters get half the share of their brothers. This is based on the principle of the Quranic verse [Surah AnNisa 4:11].
For example, if there is one daughter and one son, the daughter would receive one-third (1/3) of the inheritance, while the son would receive double, which is two-thirds (2/3) of the inheritance.
Concluded Share of the daughter:
In this scenario, the deceased left only one daughter, so, she is entitled to receive a prescribed share of half (1/2) of the total estate.
Daughter’s Share = 50% of the estate
Granddaughter’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a granddaughter (from a son only) is determined by several factors, including the presence or absence of sons and daughters, as well as the number of grandsons and granddaughters from a son. The granddaughter’s share is calculated based on the specific circumstances of the deceased. Here are the different scenarios and the corresponding shares:
The granddaughter will receive 1/2 if all the following conditions are met
- The deceased has only 1 granddaughter from a son, AND
- The deceased does not have a son, AND
- The deceased does not have a daughter, AND
- The deceased does not have a grandson from a son
In this case, the deceased has only one granddaughter from a son and no sons & daughters, and no grandsons from a son, the granddaughter is entitled to receive half (1/2) of the total estate. This means the granddaughter’s share is 50% of the estate.
Granddaughters will receive 2/3 if all the following conditions are met
- The deceased has multiple granddaughters from a son, AND
- The deceased does not have a son, AND
- The deceased does not have a daughter, AND
- The deceased does not have a grandson from a son
If the deceased has multiple granddaughters from a son and no sons & daughters, and no grandsons from a son then in this case, granddaughters are entitled to receive two-thirds (2/3) of the total estate. This means the granddaughter’s share is 66.67% of the estate which will be divided equally among all granddaughters.
Granddaughters will receive 1/6 if all the following conditions are met
- The deceased has one or multiple granddaughters from a son, AND
- The deceased has just one daughter, AND
- The deceased does not have a son, AND
- The deceased does not have a grandson from a son
If the deceased has just one daughter, no sons, and no grandsons from a son, in this case, granddaughters (from the son only) are entitled to receive one-sixth (1/6) of the total estate. This means the granddaughter’s share is approximately 16.67% of the estate which will be divided equally among all granddaughters.
Granddaughters will receive Residual Shares if all the following conditions are met
- The deceased has granddaughters & grandsons from a son, AND
- The deceased does not have a daughter, AND
- The deceased does not have a son
When there are surviving grandsons, the granddaughter would be the residual sharer and not the prescribed sharer. In this case, the granddaughter would get half (1/2) of what the grandson receives. In other words, granddaughters get half the share of their brothers. This is based on the principle of the Quranic verse [Surah AnNisa 4:11].
For example, if there is one granddaughter and one grandson, the granddaughter would receive one-third (1/3) of the inheritance, while the grandson would receive double, which is two-thirds (2/3) of the inheritance.
Concluded Share of the Granddaughters:
In this scenario, the deceased left only one daughter, so, granddaughters are eligible for a prescribed share of one-sixth (1/6) of the total estate.
Granddaughters’ Share = 16.667% 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.
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
- There’s only one full sister, AND
- There are no offspring (children or descendants), AND
- There are no male paternal ancestors, AND
- 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
- There are multiple full sisters, AND
- There is no offspring (children or descendants), AND
- There are no male paternal ancestors, AND
- 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
- There are both full brother and full sister, AND
- There is no offspring (children or descendants), AND
- 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.
Calculation of residual shares for full sisters
Full Sisters Share = Total Estate – Share of Prescribed Sharers
Full Sisters Share = Total Estate – Daughter’s Share – Granddaughter’s Share
Full Sisters Share = 100% – 50% – 16.67
Full Sisters Share = 33.33%
Calculation steps performed in this case study:
- Daughter gets the prescribed share of 1/2 (Rule 3a).
- Granddaughter gets the prescribed share of 1/6 (Rule 4c).
- Distribute the remaining shares according to relative priority (Rule 14)
- Full Sister is the only heir remaining receiving share of 1/3 (Rule 14).
Shares by Category:
Relative Category | Share Fraction | Share Percentage |
---|---|---|
Daughter | 1/2 | 50% |
Granddaughter | 1/6 | 16.67% |
Full Sisters | 1/3 | 33.33% |
Total | 6/6 | 100% |
Shares by Individual:
Relative | Share Fraction | Share Percentage |
---|---|---|
Daughter | 3/6 = 1/2 | 50% |
Granddaughter | 1/6 | 16.67% |
Full Sister 1 | 1/6 | 16.67% |
Full Sister 2 | 1/6 | 16.67% |
Total | 6/6 | 100% |