Islamic Inheritance Shares for Mother, Son and two Daughters
In this case study, three key sharers, namely a mother, a son and two daughters, are involved. The mother is entitled to a prescribed or fixed share, while the son and daughters receive a residual share in this case. 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.
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.
Son’s Share as a Residual Sharer in Islamic Inheritance
In Islamic inheritance law, a son is a significant residual sharer. This means that when the estate of a deceased person is distributed among the heirs, the son is entitled to inherit from what remains after the shares of other primary sharers have been allocated. The specifics of the son’s share as a residual sharer are determined by a set of rules established in the Quran and Hadith, ensuring fairness and financial security for the surviving family members. In this scenario, Son is the residual sharer.
Calculation of shares for daughters and son
Estate for Residual Sharers = Total Estate – Share of Prescribed Sharers
Estate for Residual Sharers = Total Estate – Mother’s Share
Estate for Residual Sharers = 100% – 16.67%
Estate for Residual Sharers = 83.33%
Let us distribute the remaining estate of 83.33% among 1 son and 2 daughters.
Given that a son receives twice the share of a daughter, the distribution ratio is 2:1 for son and daughter, respectively.
Total Parts: 2 (for son) + 1 (for daughter) + 1 (for daughter) = 4
Son’s Share = 83.33% * 2/4 = 41.67%
Daughter # 1 Share = 83.33% * 1/4 = 20.84%
Daughter # 2 Share = 83.33% * 1/4 = 20.84%
Calculation steps performed in this case study:
- Mother gets the prescribed share of 1/6 (Rule 6b).
- Distribute the remaining shares according to relative priority (Rule 14)
- Joint Ta’seeb of Son and Daughter (Rule 44).
- Son and Daughter share in the ratio of 2:1 (Rule 15)
- Son gets the share of 5/12 and Daughters get the share of 5/12. (Rule 15, 44)
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Mother | 1/6 | 16.67% |
| Son | 5/12 | 41.67% |
| Daughters | 5/12 | 41.67% |
| Total | 12/12 | 100% |
Shares by Individual:
| Relative | Share Fraction | Share Percentage |
|---|---|---|
| Mother | 4/24 = 1/6 | 16.67% |
| Son | 10/24 = 5/12 | 41.67% |
| Daughter 1 | 5/24 | 20.84% |
| Daughter 2 | 5/24 | 20.84% |
| Total | 24/24 | 100% |
