Islamic Inheritance Shares For Husband, Mother, Full Sister, Paternal Sister and Maternal Sister
In this case study, five key sharers, namely a husband, a mother, a full sister, a paternal sister and a maternal sister, are involved. All of them are entitled to a prescribed or fixed 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 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
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
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.
Concluded Share of full sister:
In this scenario, the deceased has only one full sister, so, she is entitled to receive a prescribed share of one-half (1/2) of the total estate.
Full sister’s Share = 50% of the estate
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
Maternal Sibling’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a maternal sibling is determined by several factors, including the number of maternal siblings, the presence or absence of male offspring, and male paternal ancestors of the deceased. The rules for the maternal sibling’s share are as follows, with specific references to the Quranic verse An-Nisa (4:12)
Maternal Sibling receives one-sixth (1/6) if all the following conditions are met
- If the deceased has only one maternal sibling, AND
- If the deceased does not have any male offspring (sons or male descendants), AND
- If the deceased does not have any male paternal ancestors (such as the father or grandfather)
If the deceased has a single maternal sibling and meets the specified conditions (no male offspring, no male paternal ancestors), that maternal sibling is entitled to receive one-sixth (1/6) of the estate. This allocation recognizes the rights of the single maternal sibling in the absence of other qualifying heirs.
Maternal Siblings receive one-third (1/3) if all the following conditions are met
- If the deceased has multiple maternal siblings, AND
- If the deceased does not have any male offspring (sons or male descendants), AND
- If the deceased does not have any male paternal ancestors (such as the father or grandfather)
If the deceased has multiple maternal siblings and fulfills the specified conditions (no male offspring, no male paternal ancestors), these maternal siblings are entitled to a one-third (1/3) share of the estate, and this share will be equally divided among them. This distribution ensures that the collective rights of the maternal siblings are upheld when there are no male offspring or male paternal ancestors.
These rules ensure that the maternal sibling’s share is determined based on the number of maternal siblings and the presence or absence of male offspring and male paternal ancestors of the deceased, in accordance with Islamic inheritance laws and the Quranic verse An-Nisa (4:12).
Concluded Share of Maternal Sister:
In this scenario, the deceased has only one maternal sister, so, she is entitled to receive one-sixth (1/6) of the total estate.
Maternal Sister’s Share = 16.67% of the estate
Calculation steps performed in this case study:
- Husband gets the prescribed share of 1/2 (Rule 1a).
- Mother gets the prescribed share of 1/6 (Rule 6b).
- Full Sister gets the prescribed share of 1/2 (Rule 10a).
- Paternal Sister gets the prescribed share of 1/6 (Rule 11c).
- Maternal Sister gets the prescribed share of 1/6 (Rule 12a).
- Total shares have exceeded 100%. Shares need to be reduced proportionally (Rule 18).
Recalculation of shares:
In this case, we have to distribute among the husband, mother, full sister, paternal sister and maternal sister. The shares will be 1/2, 1/6, 1/2, 1/6 and 1/6 respectively. After solving the expression of ( 1/2 + 1/6 + 1/2 + 1/6 + 1/6 ) it gives us 9/6 which is more than 1. But this must be less than or equal to 1. Currently, we have only 6 shares and need to distribute 9 shares. Now, we will reduce the shares of all eligible heirs, proportionally. So, instead of dividing the shares by 6 ( available shares ), we will divide their shares by 9.
You can observe the proportional reduction in shares as follows:
Husband’s share = 1/2 = 3/6 => 3/9
Mother’s shares = 1/6 => 1/9
Full Sister’s shares = 1/2 = 3/6 => 3/9
Paternal Sister’s shares = 1/6 => 1/9
Maternal Sister’s shares = 1/6 => 1/9
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Husband | 3/9 | 33.33% |
| Mother | 1/9 | 11.11% |
| Full Sister | 3/9 | 33.33% |
| Paternal Sister | 1/9 | 11.11% |
| Maternal Sister | 1/9 | 11.11% |
| Total | 9/9 | 100% |
