Islamic Inheritance Shares for Husband, Full Brother and Full Sister

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.

Husband’s Share in Islamic Inheritance Law

The husband holds a distinct position as a prescribed sharer in Islamic inheritance. According to the Quranic verse [Surah AnNisa 4:12], a husband’s share of the deceased wife’s estate depends on whether the deceased has offspring or not. Explore the wisdom behind these provisions, which aim to protect the financial interests of the surviving husband. Here are the key scenarios:

Husband’s Share when the Deceased Wife Has No Offspring

If the deceased wife does not have any children or offspring, the husband is entitled to one-half (1/2) of her estate. This means he receives 50% of her assets after any outstanding debts and expenses are settled.

Husband’s Share when the Deceased Wife Has Offspring

When the deceased wife has children or offspring, the husband’s share is one-fourth (1/4) of her estate, which is 25% of her assets. The remaining estate is distributed among the children according to the Islamic inheritance rules.

Concluded Share of the Husband:

In this scenario, the deceased wife has no offspring (children or descendants), so, the husband is entitled to receive half (1/2) of the total estate.
Husband’s Share = 50% 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

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.