Islamic Inheritance Shares for Paternal Grandmother, Full Sister and Maternal Brother
In this case study, three key sharers, namely a paternal grandmother, a full sister, and a maternal brother, are involved. All these sharers are entitled to prescribed or fixed shares. 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.
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 the Paternal Grandmother:
In this scenario, the deceased has left no living mother and maternal grandmother, so, the paternal grandmother would receive one-sixth (1/6) of the total estate.
Paternal Grandmother’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
Maternal Sibling’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a maternal sibling is determined by several factors, including the number of maternal siblings, the presence or absence of male offspring, and male paternal ancestors of the deceased. The rules for the maternal sibling’s share are as follows, with specific references to the Quranic verse An-Nisa (4:12)
Maternal Sibling receives one-sixth (1/6) if all the following conditions are met
- If the deceased has only one maternal sibling, AND
- If the deceased does not have any male offspring (sons or male descendants), AND
- If the deceased does not have any male paternal ancestors (such as the father or grandfather)
If the deceased has a single maternal sibling and meets the specified conditions (no male offspring, no male paternal ancestors), that maternal sibling is entitled to receive one-sixth (1/6) of the estate. This allocation recognizes the rights of the single maternal sibling in the absence of other qualifying heirs.
Maternal Siblings receive one-third (1/3) if all the following conditions are met
- If the deceased has multiple maternal siblings, AND
- If the deceased does not have any male offspring (sons or male descendants), AND
- If the deceased does not have any male paternal ancestors (such as the father or grandfather)
If the deceased has multiple maternal siblings and fulfills the specified conditions (no male offspring, no male paternal ancestors), these maternal siblings are entitled to a one-third (1/3) share of the estate, and this share will be equally divided among them. This distribution ensures that the collective rights of the maternal siblings are upheld when there are no male offspring or male paternal ancestors.
These rules ensure that the maternal sibling’s share is determined based on the number of maternal siblings and the presence or absence of male offspring and male paternal ancestors of the deceased, in accordance with Islamic inheritance laws and the Quranic verse An-Nisa (4:12).
Concluded Share of Maternal Brother:
In this scenario, the deceased has only one maternal brother, so, he is entitled to receive one-sixth (1/6) of the total estate.
Maternal Brother’s Share = 16.67% of the estate
Calculation steps performed in this case study:
- Paternal Grandmother gets the prescribed share of 1/6 (Rule 8a).
- Full Sister gets the prescribed share of 1/2 (Rule 10a).
- Maternal Brother gets the prescribed share of 1/6 (Rule 12a).
- Some shares are still remaining to be distributed. Shares should now be increased proportionally among all heirs except the spouse (Rule 19).
Recalculation of Shares
In this case, after distributing the prescribed shares to all existing heirs, there is a remaining share of one-sixth (1/6). As the expression of 1/6 + 1/2 + 1/6 results in 5/6. There is no remaining heir to receive the remaining share of 1/6. So, we adjusted the shares of existing heirs and increased them proportionally.
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Paternal Grandmother | 1/5 | 20% |
| Full Sister | 3/5 | 60% |
| Maternal Brother | 1/5 | 20% |
| Total | 5/5 | 100% |
