Islamic Inheritance Shares for Husband, Son and Daughter

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

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.

Daughter’s Share in Islamic Inheritance Law

In Islamic inheritance law, the share of a daughter is determined by several factors, including the presence or absence of sons and the number of daughters. The rules for the daughter’s share are based on Islamic principles which are as follows:

Daughter’s Share when there is Only One Daughter and No Sons

When the deceased person has only one daughter and no surviving sons, the daughter is entitled to receive half (1/2) of the estate. This is based on the Quranic verse [Surah AnNisa 4:11].

Daughters’ Share when there are Multiple Daughters and No Sons

When the deceased person has multiple daughters but no surviving sons, the daughters collectively inherit two-thirds (2/3) of the estate which will be divided equally among all daughters. This is also based on the Quranic verse [Surah AnNisa 4:11].

Daughters’ Share When There Are Sons

When there are surviving sons, daughters would be residual sharers and not the prescribed sharers. In this case, daughters receive half (1/2) of what sons receive. In other words, daughters 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 daughter and one son, the daughter would receive one-third (1/3) of the inheritance, while the son would receive double, which is two-thirds (2/3) of the inheritance.