Islamic Inheritance Shares for Two Daughters, Grandson and Granddaughter
In this case study, three key sharers, namely two daughters, a grandson, and a granddaughter, are involved. The daughters is entitled to prescribed or fixed shares, while the grandson and granddaughter 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.
Granddaughter’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a granddaughter (from a son only) is determined by several factors, including the presence or absence of sons and daughters, as well as the number of grandsons and granddaughters from a son. The granddaughter’s share is calculated based on the specific circumstances of the deceased. Here are the different scenarios and the corresponding shares:
The granddaughter will receive 1/2 if all the following conditions are met
- The deceased has only 1 granddaughter from a son, AND
- The deceased does not have a son, AND
- The deceased does not have a daughter, AND
- The deceased does not have a grandson from a son
In this case, the deceased has only one granddaughter from a son and no sons & daughters, and no grandsons from a son, the granddaughter is entitled to receive half (1/2) of the total estate. This means the granddaughter’s share is 50% of the estate.
Granddaughters will receive 2/3 if all the following conditions are met
- The deceased has multiple granddaughters from a son, AND
- The deceased does not have a son, AND
- The deceased does not have a daughter, AND
- The deceased does not have a grandson from a son
If the deceased has multiple granddaughters from a son and no sons & daughters, and no grandsons from a son then in this case, granddaughters are entitled to receive two-thirds (2/3) of the total estate. This means the granddaughter’s share is 66.67% of the estate which will be divided equally among all granddaughters.
Granddaughters will receive 1/6 if all the following conditions are met
- The deceased has one or multiple granddaughters from a son, AND
- The deceased has just one daughter, AND
- The deceased does not have a son, AND
- The deceased does not have a grandson from a son
If the deceased has just one daughter, no sons, and no grandsons from a son, in this case, granddaughters (from the son only) are entitled to receive one-sixth (1/6) of the total estate. This means the granddaughter’s share is approximately 16.67% of the estate which will be divided equally among all granddaughters.
Granddaughters will receive Residual Shares if all the following conditions are met
- The deceased has granddaughters & grandsons from a son, AND
- The deceased does not have a daughter, AND
- The deceased does not have a son
When there are surviving grandsons, the granddaughter would be the residual sharer and not the prescribed sharer. In this case, the granddaughter would get half (1/2) of what the grandson receives. In other words, granddaughters 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 granddaughter and one grandson, the granddaughter would receive one-third (1/3) of the inheritance, while the grandson would receive double, which is two-thirds (2/3) of the inheritance.
Grandson’s Share in Islamic Inheritance Law
In Islamic inheritance law, the paternal grandson holds a significant position as a residual sharer. Paternal grandson is eligible to receive a residual share in the absence of direct children of the deceased ( sons and daughters ).
This means that when the estate of a deceased person is distributed among the heirs, the paternal grandson is entitled to inherit from what remains after the shares of other primary sharers have been allocated.
The share of paternal grandson would be as follows:
Paternal Grandson’s Share = Total Estate – The shares of prescribed or fixed sharers
Calculation of shares for grandson and granddaughter
Estate for Residual Sharers = Total Estate – Share of Prescribed Sharers
Estate for Residual Sharers = Total Estate – Daughters’ Share
Estate for Residual Sharers = 100% – 66.67%
Estate for Residual Sharers = 33.33%
Let us distribute the remaining estate of 33.33% among 1 grandson and 1 granddaughter.
Given that a grandson receives twice the share of a granddaughter, the distribution ratio is 2:1 for grandson and granddaughter, respectively.
Total Parts: 2 (for grandson) + 1 (for granddaughter) = 3
Grandson Share = 33.33% * 2/3 = 22.22%
Granddaughter Share = 33.33% * 1/3 = 11.11%
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)
- Joint Ta’seeb of Grandson and Granddaughter (Rule 44).
- Grandson and Granddaughter share in the ratio of 2:1 (Rule 15)
- Grandson gets the share of 2/9 and Granddaughter gets the share of 1/9. (Rule 15, 44)
Shares by Category:
Relative Category | Share Fraction | Share Percentage |
---|---|---|
Daughters | 2/3 | 66.67% |
Granddaughter | 1/9 | 11.11% |
Grandson | 2/9 | 22.22% |
Total | 9/9 | 100% |
Shares by Individual:
Relative | Share Fraction | Share Percentage |
---|---|---|
Daughter 1 | 3/9 = 1/3 | 33.34% |
Daughter 2 | 3/9 = 1/3 | 33.34% |
Granddaughter | 1/9 | 11.11% |
Grandson | 2/9 | 22.22% |
Total | 9/9 | 100% |