Islamic Inheritance Shares For two Daughters and Paternal Sister
In this case study, two key sharers, namely two daughters and a paternal sister, are involved. The daughters are entitled to prescribed or fixed shares, While the paternal sister receives 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.
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
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 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 residual shares for Paternal Sister
Paternal Sister’s Share = Total Estate – Share of Prescribed Sharers
Paternal Sister’s Share = Total Estate – Daughters Share
Paternal Sister’s Share = 100% – 66.67%
Paternal Sister’s Share = 33.33%
Calculation steps performed in this case study:
- Daughter gets the prescribed share of 2/3 (Rule 3b).
- Distribute the remaining shares according to relative priority (Rule 14).
- PaternalSister is the only heir remaining receiving share of 1/3 (Rule 14).
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Daughters | 2/3 | 66.67% |
| Paternal Sister | 1/3 | 33.33% |
| Total | 3/3 | 100% |
Shares by Individual:
| Relative | Share Fraction | Share Percentage |
|---|---|---|
| Daughter 1 | 1/3 | 33.33% |
| Daughter 2 | 1/3 | 33.33% |
| Paternal Sister | 1/3 | 33.33% |
| Total | 3/3 | 100% |
