Islamic Inheritance Shares for Mother, Paternal Grandmother, Full Brother and Paternal Brother
In this case study, four key sharers, namely a mother, a paternal grandmother, a full brother and a paternal brother, are involved. The mother is entitled to prescribed or fixed shares, while the full brother receives a residual share. The paternal grandmother gets nothing in the presence of the mother. The paternal brother gets nothing in the presence of the full brother. 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
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.
Calculation of the Full Brother’s Share
Full brother’s share as a residual sharer in Islamic inheritance depends on several factors, primarily the presence of other heirs, including parents, spouses, and siblings. The key rules for calculating the full brother’s share as a residual sharer are as follows:
Calculation of shares for full brother
Full Brother’s Share = Total Estate – Share of Prescribed Sharers
Full Brother’s Share = Total Estate – Mother’s Share
Full Brother’s Share = 100% – 16.67%
Full Brother’s Share = 83.33%
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 Paternal Grandmother:
In this scenario, the paternal grandmother gets nothing because the mother of the deceased blocks the paternal grandmother.
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
Concluded Share of Paternal Brother:
In this scenario, the paternal brother gets nothing because the full brother of the deceased blocks the paternal brother.
Calculation steps performed in this case study:
- Mother blocks Paternal GrandMother from receiving any share. (Rule 13)
- Full Brother blocks Paternal Brother from receiving any share. (Rule 13)
- Mother gets the prescribed share of 1/6 (Rule 6b).
- Distribute the remaining shares according to relative priority (Rule 14)
- Full Brother is the only heir remaining receiving share of 5/6 (Rule 14).
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Mother | 1/6 | 16.67% |
| Paternal Grandmother | 0/6 | 0% |
| Full Brother | 5/6 | 83.33% |
| Paternal Brother | 0/6 | 0% |
| Total | 6/6 | 100% |
