Islamic Inheritance Shares for Husband, Granddaughter, and Full Cousin
In this case study, three key sharers, namely a husband, a granddaughter, and a full cousin, are involved. The husband, and granddaughter are entitled to prescribed or fixed shares while the full cousin receives 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.
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 offspring (children or descendants), so, the husband is entitled to receive one-fourth (1/4) of the total estate.
Husband’s Share = 25% 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 Granddaughter:
In this scenario, the deceased left only one granddaughter, so, she is entitled to receive a prescribed share of half (1/2) of the total estate.
Granddaughter’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 Cousin’s Share in Islamic Inheritance Law
In Islamic inheritance law, the full cousin holds a significant position as a residual sharer. Full cousin 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 cousin is entitled to inherit from what remains after the shares of other primary sharers have been allocated.
The share of Full Cousin would be as follows:
Full Cousin’s Share = Total Estate – The shares of prescribed or fixed sharers
Calculation of Full Cousin’s Share as a Residual Sharer
Full Cousin’s Share = Total Estate – Prescribed Sharers ( Husband + Granddaughter )
Full Cousin’s Share = Total Estate – Husband’s Share – Granddaughter’s Share
Full Cousin’s Share = 100% – 25% – 50%
Full Cousin’s Share = 25% of the estate
In this situation, the Full Cousin’s share is 25% of the estate, which is equivalent to 1/4. This calculation is derived from the expression (1-1/4-1/2).
Calculation steps performed in this case study:
- Husband gets the prescribed share of 1/4 (Rule 1b).
- Granddaughter gets the prescribed share of 1/2 (Rule 4a).
- Distribute the remaining shares according to relative priority (Rule 14)
- Full Cousin is the only heir remaining receiving share of 1/4 (Rule 14).
Shares by Category:
Relative Category | Share Fraction | Share Percentage |
---|---|---|
Husband | 1/4 | 25% |
Granddaughter | 2/4 = 1/2 | 50% |
Full Cousin | 1/4 | 25% |
Total | 4/4 | 100% |