Islamic Inheritance Shares For Husband, Paternal Grandmother, Maternal Brother and Paternal Cousin
In this case study, four key sharers, namely a husband, a paternal grandmother, a maternal brother and a paternal cousin, are involved. The husband, paternal grandmother and maternal brother are entitled to prescribed or fixed shares, while the paternal 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 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
Paternal Grandmother’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of the paternal grandmother is determined by several factors, including the presence or absence of parents and other grandparents. The rules for the paternal grandmother’s share are as follows:
Paternal Grandmother’s share is one-sixth (1/6) under the following conditions:
- The deceased does not have a mother, AND
- The deceased does not have a father, AND
- The deceased does not have a maternal grandmother.
If the deceased’s mother is not alive, the paternal grandmother’s share depends on the presence or absence of the deceased’s father and the existence of a paternal grandmother. In the absence of a mother, father and paternal grandmother, the maternal grandmother is entitled to one-sixth (1/6).
Paternal Grandmother’s Share is one-twelfth (1/12) under the following conditions:
- The deceased does not have a mother, AND
- The deceased does not have a father, AND
- The deceased has a maternal grandmother
If the deceased has no father, no mother but a living maternal grandmother, the paternal grandmother’s share is reduced to one-twelfth (1/12) of the estate and the maternal grandmother will get the remaining one-twelfth (1/12). So, the one-sixth ( 1/6) share will be divided equally in both grandmothers.
These rules ensure that the paternal grandmother’s share is determined based on the presence or absence of parents and other grandparents, with the primary aim of preserving the rights of the paternal grandmother by Islamic inheritance laws and principles.
Concluded Share of the Paternal Grandmother:
In this scenario, the deceased has left no living mother and maternal grandmother, so, the paternal grandmother would receive one-sixth (1/6) of the total estate.
Paternal Grandmother’s Share = 16.67% 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 Brother:
In this scenario, the deceased has only one maternal brother, so, he is entitled to receive one-sixth (1/6) of the total estate.
Maternal Brother’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 Cousin’s Share in Islamic Inheritance Law
In Islamic inheritance law, the paternal cousin holds a significant position as a residual sharer. Paternal 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 paternal cousin is entitled to inherit from what remains after the shares of other primary sharers have been allocated.
The share of Paternal Cousin would be as follows:
Paternal Cousin’s Share = Total Estate – The shares of prescribed or fixed sharers
Calculation of residual shares for paternal cousin
Paternal Cousin’s Share = Total Estate – Share of Prescribed Sharers
Paternal Cousin’s Share = Total Estate – Husband’s Share – Paternal Grandmother’s Share – Maternal Brother’s Share
Paternal Cousin’s Share = 100% – 50% – 16.67% – 16.67%
Paternal Cousin’s Share = 16.67%
Calculation steps performed in this case study:
- Husband gets the prescribed share of 1/2 (Rule 1a).
- Paternal Grandmother gets the prescribed share of 1/6 (Rule 8a).
- Maternal Brother gets the prescribed share of 1/6 (Rule 12a).
- Distribute the remaining shares according to relative priority (Rule 14).
- Paternal Cousin is the only heir remaining receiving share of 1/6 (Rule 14).
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Husband | 3/6 = 1/2 | 50% |
| Paternal Grandmother | 1/6 | 16.67% |
| Maternal Brother | 1/6 | 16.67% |
| Paternal Cousin | 1/6 | 16.67% |
| Total | 6/6 | 100% |
