Islamic Inheritance Shares for Daughter, Granddaughter, Mother, two Paternal Sisters and Full Uncle
In this case study, five key sharers, namely a daughter, a granddaughter, a mother, two paternal sisters and a full uncle, are involved. The daughter, granddaughter and mother are entitled to prescribed or fixed shares, while the paternal sisters receive a residual share. The full uncle gets nothing in the presence of the paternal sisters. 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
Mother’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a mother is outlined in the Quranic verse [Surah AnNisa 4:11]. According to this verse, the mother receives a specific portion of the deceased’s estate, provided that the deceased has offspring or not. The allocation of a mother’s share depends on various factors, including the presence of other heirs, such as children and siblings. Here are the key rules regarding a mother’s share in Islamic inheritance:
Mother’s share when deceased does not have offspring and multiple siblings:
- The deceased does not have any offspring, AND
- The deceased does not have multiple siblings (full, paternal, maternal)
In cases where the deceased has no children or descendants and does not have multiple siblings, the mother’s share is one-third (1/3) of the total estate, equivalent to 33.33% of the assets. This allocation prioritizes the financial well-being of the mother in the absence of offspring or multiple siblings.
Mother’s share when deceased has offspring or multiple siblings:
- The deceased has offspring, OR
- The deceased has multiple siblings (full, paternal, maternal)
When the deceased has offspring or multiple siblings, the mother’s share is adjusted to one-sixth (1/6), approximately 16.67% of the estate. This adjustment accommodates the presence of other heirs, ensuring fairness and equity in asset distribution.
These rules ensure that the mother’s share is determined based on specific family circumstances, by Islamic inheritance laws and the guidance provided in the Quranic verse [Surah AnNisa 4:11].
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
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.
Paternal Sister’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a paternal sister is determined by several factors, including the number of paternal sisters, the presence or absence of offspring, male paternal ancestors, full brothers, full sisters and paternal brothers of the deceased. The rules for the paternal sister’s share are as follows:
The Paternal Sister will receive 1/2 if all the following conditions are met
- There’s only one paternal sister, AND
- There are no offspring (children or descendants), AND
- There are no male paternal ancestors, AND
- There are no full brothers and full sisters, AND
- There are no paternal brothers.
If there’s only one paternal sister and the conditions are met (no offspring, no male paternal ancestors, no full brothers, no full sisters, no paternal brothers), she inherits half (1/2) of the estate. This acknowledges her rights as the sole heir under these circumstances.
Paternal Sisters will receive 2/3 if all the following conditions are met
- There are multiple paternal sisters, AND
- There are no offspring (children or descendants), AND
- There are no male paternal ancestors, AND
- There are no full brothers and full sisters, AND
- There are no paternal brothers.
When multiple paternal sisters meet the specified conditions (no offspring, no male paternal ancestors, no full brothers, no full sisters, no paternal brothers), they get two-thirds (2/3) of the estate. This ensures that the collective rights of paternal sisters are protected when there are no offspring, male paternal ancestors, full brothers, full sisters or paternal brothers.
Paternal Sisters will receive 1/6 if all the following conditions are met
- There is only one paternal sister, AND
- There are no offspring (children or descendants), AND
- There are no male paternal ancestors, AND
- There are no full brothers and full sisters, AND
- There are no paternal brothers.
When there is only one full sister and specified conditions met (no offspring, no male paternal ancestors, no full brothers, no full sisters, no paternal brothers), they get one-sixth (1/6) of the estate. This ensures that the collective rights of paternal sisters are protected when there are no offspring, male paternal ancestors, full brothers, or paternal brothers.
Paternal Sisters will receive Residual Shares if all the following conditions are met
- There are both paternal brother and paternal sister, AND
- There are no offspring (children or descendants), AND
- There are no male paternal ancestors, AND
- There are no full brothers and full sisters
When there are living paternal brothers, paternal sisters would be the residual sharer and not the prescribed sharer. In this case, a paternal sister would get half (1/2) of what a paternal brother receives. In other words, the paternal 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 paternal sister’s share is determined based on the specific circumstances of the deceased, preserving the paternal sister’s rights in accordance with Islamic inheritance laws, and the guidance provided in the Quran.
Concluded Share of the Paternal Sisters:
In this scenario, the deceased left only one sister, so, paternal sisters are eligible for a prescribed share of one-sixth (1/6) of the total estate.
Paternal Sisters’ Share = 16.667% of the estate
Full Uncle’s Share in Islamic Inheritance Law
In Islamic inheritance law, the full uncle holds a significant position as a residual sharer. Full uncle is eligible to receive a residual share in the absence of offspring ( children and descendants ), paternal male ancestors, siblings, and other near relatives.
This means that when the estate of a deceased person is distributed among the heirs, the full uncle is entitled to inherit from what remains after the shares of other primary sharers have been allocated.
The share of Full Uncle would be as follows:
Full Uncle’s Share = Total Estate – The shares of prescribed or fixed sharers
Concluded Share of Full Uncle:
In this scenario, the full uncle gets nothing because the paternal sister of the deceased blocks the full uncle.
Calculation steps performed in this case study:
- Paternal Sister blocks Full Uncle from receiving any share. (Rule 13).
- Daughter gets the prescribed share of 1/2 (Rule 3a).
- Granddaughter gets the prescribed share of 1/6 (Rule 4c).
- Mother gets the prescribed share of 1/6 (Rule 6b).
- Distribute the remaining shares according to relative priority (Rule 14).
- Paternal Sister is the only heir remaining receiving share of 1/6 (Rule 14).
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Daughter | 1/2 | 50% |
| Granddaughter | 1/6 | 16.67% |
| Mother | 1/6 | 16.67% |
| Paternal Sisters | 1/6 | 16.67% |
| Full Uncle | 0/6 | 0% |
| Total | 6/6 | 100% |
Shares by Individual:
| Relative | Share Fraction | Share Percentage |
|---|---|---|
| Daughter | 6/12 = 1/2 | 50% |
| Granddaughter | 2/12 = 1/6 | 16.67% |
| Mother | 2/12 = 1/6 | 16.67% |
| Paternal Sister 1 | 1/12 | 8.34% |
| Paternal Sister 2 | 1/12 | 8.34% |
| Full Uncle | 0 | 0% |
| Total | 12/12 | 100% |
