Islamic Inheritance Shares For Husband, two Daughters and Mother
In this case study, three key sharers, namely a husband, two daughters and a mother, 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 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
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.
Concluded Share of the daughters:
In this scenario, the deceased left multiple daughters, so, they would receive a prescribed share of two-thirds (2/3) of the total estate.
Daughters’ Share = 66.667% 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
Calculation steps performed in this case study:
- Husband gets the prescribed share of 1/4 (Rule 1b).
- Daughter gets the prescribed share of 2/3 (Rule 3b).
- Mother gets the prescribed share of 1/6 (Rule 6b).
- Total shares have exceeded 100%. Shares need to be reduced proportionally (Rule 18).
Recalculation of shares:
In this case, we have to distribute between the husband, two daughters and mother. The shares will be 1/4, 2/3 and 1/6 respectively. After solving the expression of ( 1/4 + 2/3 + 1/6 ) it gives us 13/12 which is more than 1. But this must be less than or equal to 1. Currently, we have only 12 shares and need to distribute 13 shares. Now, we will reduce the shares of all eligible heirs, proportionally. So, instead of dividing the shares by 12 ( available shares ), we will divide their shares by 13.
You can observe the proportional reduction in shares as follows:
Husband’s shares = 1/4 = 3/12 => 3/13
Daughters shares = 2/3 = 8/12 => 8/13
Mother’s shares = 1/6 = 2/12 => 2/13
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Husband | 3/13 | 23.08% |
| Daughters | 8/13 | 61.54% |
| Mother | 2/13 | 15.38% |
| Total | 13/13 | 100% |
Shares by Individual:
| Relative | Share Fraction | Share Percentage |
|---|---|---|
| Husband | 3/13 | 23.08% |
| Daughter 1 | 4/13 | 30.77% |
| Daughter 2 | 4/13 | 30.77% |
| Mother | 2/13 | 15.38% |
| Total | 13/13 | 100% |
