Islamic Inheritance Shares for Wife and Two Full Sisters
In this case study, two key sharers, namely a wife and full sisters, are involved. Both, the wife and full sisters 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.
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
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 sisters:
In this scenario, the deceased left multiple full sisters, so, they would receive a prescribed share of two-thirds (2/3) of the total estate.
Full Sisters’ Share = 66.667% of the estate
Calculation steps performed in this case study:
- Wife gets the prescribed share of 1/4 (Rule 2a).
- Full Sisters get the prescribed share of 2/3 (Rule 10b).
- 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 the mother and full sister, there is a remaining share of one-twelfth (1/12). As the expression of 1/4 + 2/3 results in 11/12. There is no remaining heir to receive the remaining share of 1/12. So, we adjusted the shares of existing heirs except the spouse and increased them proportionally.
You can observe the proportional increase in the shares, as follows:
Full Sisters’ share = 2/3 => 3/4
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Wife | 1/4 | 25% |
| Full Sisters | 3/4 | 75% |
| Total | 4/4 | 100% |
Shares by Individual:
| Relative | Share Fraction | Share Percentage |
|---|---|---|
| Wife | 2/8 = 1/4 | 25% |
| Full Sister 1 | 3/8 | 37.5% |
| Full Sister 2 | 3/8 | 37.5% |
| Total | 8/8 | 100% |
