Islamic Inheritance Shares For Mother, Grandfather, Full Sister, Paternal Brother and Paternal Sister
In this case study, five key sharers, namely a mother, a grandfather, a full sister, a paternal brother and a paternal sister, are involved. The mother, grandfather and full sister are entitled to prescribed or fixed shares, while the paternal brother and paternal sister receive 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.
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
Grandfather’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of the paternal grandfather is determined by the presence of a father and offspring of the deceased. The rules for the paternal grandfather’s share are as follows:
Grandfather’s fixed share when following conditions are met
- The deceased does not have a father, AND
- The deceased has offspring
If the deceased’s father is not alive and the deceased has offspring (children or descendants), the paternal grandfather is eligible to receive a fixed share of one-sixth (1/6) of the estate. This provision ensures that the paternal grandfather can inherit when the father is not alive.
Grandfather’s residual share
If the deceased’s father is not alive and the deceased has no offspring (children or descendants), the paternal grandfather becomes a residual sharer and is eligible to receive the remaining estate after distributing it to all fixed or prescribed sharers. This provision ensures that the paternal grandfather can inherit more than one-sixth (1/6).
These rules ensure that the paternal grandfather’s share is determined based on the absence of a father and the presence of offspring, with the primary aim of preserving the rights of the paternal grandfather in accordance with Islamic inheritance laws and principles.
Concluded Share of the Grandfather:
In this scenario, the deceased has offspring (children or descendants), so, the paternal grandfather is entitled to receive one-sixth (1/6) of the total estate.
Paternal Grandfather’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
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 Brother’s Share in Islamic Inheritance Law
In Islamic inheritance law, the paternal brother holds a significant position as a residual sharer. Paternal brother is eligible to receive a residual share in the absence of offspring ( children and descendants ) and father.
This means that when the estate of a deceased person is distributed among the heirs, the paternal brother is entitled to inherit from what remains after the shares of other primary sharers have been allocated.
The share of paternal brother would be as follows:
Paternal Brother’s Share = Total Estate – The shares of prescribed or fixed sharers
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.
Calculation of shares for paternal brother and paternal sister
Estate for Residual Sharers = Total Estate – Share of Prescribed Sharers
Estate for Residual Sharers = Total Estate – Mother’s Share – Grandfather’s Share – Full Sister’s Share
Estate for Residual Sharers = 100% – 16.67% – 27.78% – 50%
Estate for Residual Sharers = 5.55%
Let us distribute the remaining estate of 5.55% among 1 paternal brother and 1 paternal sister.
Given that a paternal brother receives twice the share of a paternal sister, the distribution ratio is 2:1 for paternal brother and paternal sister, respectively.
Total Parts: 2 (for paternal brother) + 1 (for paternal sister) = 3
Paternal Brother Share = 5.55% * 2/3 = 3.7%
Paternal Sister Share = 5.55% * 1/3 = 1.85%
Calculation steps performed in this case study:
- Mother gets the prescribed share of 1/6 (Rule 6b).
- Grandfather gets the prescribed share of 1/6 (Rule 7a).
- Full Sister gets the prescribed share of 1/2 (Rule 10a).
- Distribute the remaining shares according to relative priority (Rule 14).
- Grandfather & siblings case need to be handled as a special case (Rule 23).
- Grandfather is given 1/3 of the residual share. He gets the total share of 5/18 (Rule 23d).
- Paternal Brothers & sisters share the residual share in the ratio of 2:1 (Rule 15).
- Paternal Brothers gets the share of 1/27 and Patenal Sisters gets the share of 1/54. (Rule 15, 23d, 44).
Shares by Category:
Relative Category | Share Fraction | Share Percentage |
---|---|---|
Mother | 9/54 = 1/6 | 16.67% |
Grandfather | 15/54 = 5/18 | 27.78% |
Full Sister | 27/54 = 1/2 | 50% |
Paternal Brother | 2/54 = 1/27 | 3.7% |
Paternal Sister | 1/54 | 1.85% |
Total | 54/54 | 100% |