Islamic Inheritance Shares for Two Wives, Mother and Full Nephew
In this case study, three key sharers, namely two wives, a mother, and a full nephew, are involved. The wives and mother are entitled to prescribed or fixed shares while the full nephew 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.
Wife’s Share in Islamic Inheritance Law
The wife holds a distinct position as a prescribed sharer in Islamic inheritance. According to the Quranic verse [Surah AnNisa 4:12], the share designated for the wife depends on whether the deceased has offspring. Explore the wisdom behind these provisions, which aim to protect the financial interests of the surviving wife. Here are the key scenarios:
Wife’s Share when the Deceased Husband has Offspring
If the deceased husband leaves behind offspring ( children or descendants ), the wife is entitled to one-eighth (1/8) of the estate. This share is set, regardless of the size of the estate. The principle behind this distribution is to ensure the wife’s financial security while also providing for the children.
Wife’s Share when the Deceased Husband has No Offspring
In cases where the deceased husband leaves behind offspring ( children or descendants ), the wife’s share increases to one-fourth (1/4) of the estate. This higher share recognizes her position as the primary heir in the absence of children.
Concluded Share of the Wife:
In this scenario, the deceased husband has no offspring (children or descendants), so, the wife would receive one-fourth (1/4) of the total estate.
Wife’s Share = 25% of the estate
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 has not left any offspring (children or descendants) or multiple siblings, so, the mother would receive one-third (1/3) of the total estate.
Mother’s Share = 33.33% 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.
Full Nephew’s Share in Islamic Inheritance Law
In Islamic inheritance law, the full nephew holds a significant position as a residual sharer. Full nephew is eligible to receive a residual share in the absence of offspring ( children and descendants ), paternal male ancestors, siblings, and other near relatives.
This means that when the estate of a deceased person is distributed among the heirs, the full nephew is entitled to inherit from what remains after the shares of other primary sharers have been allocated.
The share of full nephew would be as follows:
Full Nephew’s Share = Total Estate – The shares of prescribed or fixed sharers
Calculation of Full Nephew’s Share as a Residual Sharer
Full Nephew’ Share = Total Estate – Prescribed Sharers ( Wife + Mother )
Full Nephew’s Share = Total Estate – wives Share – Mothers Share
Full Nephew’s Share = 100% – 25% – 33.33%
Full Nephew’s Share = 41.67% of the estate
In this situation, the Full Nephew’s share is 41.67% of the estate, which is equivalent to 5/12. This calculation is derived from the expression (1-1/4-1/3).
Calculation steps performed in this case study:
- Wife gets the prescribed share of 1/4 (Rule 2a).
- Mother gets the prescribed share of 1/3 (Rule 6a).
- Distribute the remaining shares according to relative priority (Rule 14)
- Full Nephew is the only heir remaining receiving share of 5/12 (Rule 14).
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Wives | 1/4 | 25% |
| Mother | 1/3 | 33.33% |
| Full Nephew | 5/12 | 41.67% |
| Total | 12/12 | 100% |
Shares by Individual:
| Relative | Share Fraction | Share Percentage |
|---|---|---|
| Wife 1 | 3/24 = 1/8 | 12.5% |
| Wife 2 | 3/24 = 1/8 | 12.5% |
| Mother | 8/24 = 1/3 | 33.33% |
| Full Nephew | 10/24 = 5/12 | 41.67% |
| Total | 24/24 | 100% |
