Islamic Inheritance Shares for Full Brother, Paternal Brother and Paternal Sister
In this case study, three key sharers, namely a full brother, a paternal brother and a paternal sister, are involved. All of them have 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.
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 brother
Full Brother’s Share = Total Estate – Share of Prescribed Sharers
Full Brother’s Share = 100% – 0%
Full Brother’s Share = 100%
Paternal Brother’s Share in Islamic Inheritance Law
In Islamic inheritance law, the paternal brother holds a significant position as a residual sharer. Paternal brother is eligible to receive a residual share in the absence of offspring ( children and descendants ) and father.
This means that when the estate of a deceased person is distributed among the heirs, the paternal brother is entitled to inherit from what remains after the shares of other primary sharers have been allocated.
The share of paternal brother would be as follows:
Paternal Brother’s Share = Total Estate – The shares of prescribed or fixed sharers
Concluded Share of Paternal Brother:
In this scenario, the paternal brother gets nothing because the full brother of the deceased blocks the paternal brother.
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 Paternal Sister:
In this scenario, the paternal sister gets nothing because the full brother of the deceased blocks the paternal sister.
Calculation steps performed in this case study:
- Full Brother blocks Paternal Brother from receiving any share. (Rule 13).
- Full Brother blocks Paternal Sister from receiving any share. (Rule 13).
- Distribute the remaining shares according to relative priority (Rule 14).
- Full Brother is the only heir remaining receiving share of 1/1 (Rule 14).
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Full Brother | 1/1 | 100% |
| Paternal Brother | 0/1 | 0% |
| Paternal Sister | 0/1 | 0% |
| Total | 1/1 | 100% |
