Islamic Inheritance Shares For Wife and Son
In this case study, two key sharers, namely a wife and a son, are involved. The wife is entitled to a prescribed or fixed share, and the son 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 left offspring (children or descendants), so, the wife would receive one-eighth (1/8) of the total estate.
Wife’s Share = 12.5% 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.
Son’s Share as a Residual Sharer in Islamic Inheritance
In Islamic inheritance law, a son holds a significant position as a 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 the Son’s Share
The son’s share as a residual sharer in Islamic inheritance depends on several factors, primarily the presence of other heirs, including parents, spouses, and siblings. The key rules for calculating the son’s share as a residual sharer are as follows:
Sons’ Share = Total Estate – Wife’s Share
Sons’ Share = 100% – 12.5%
In this situation, the son’s share is 87.50% of the estate, which is equivalent to 7/8. This calculation is derived from the expression (1 – 1/8).
Calculation steps performed in this case study:
- The wife receives the prescribed share of 1/8 (Rule 2b).
- Allocate the remaining shares based on relative priority (Rule 14).
- Son is the sole remaining heir, receiving the remaining (residual) share of 7/8 (Rule 14).
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Wife | 1/8 | 12.5% |
| Son | 7/8 | 87.5% |
| Total | 8/8 | 100% |
