Islamic Inheritance Shares For Wife, Father, Mother and two Maternal Brothers

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

Concluded Share of the Mother:

In this scenario, the deceased left offspring (children or descendants) or multiple siblings, so, the mother would receive one-sixth (1/6) of the total estate.
Mother’s Share = 16.67% 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.

Father’s Share in Islamic Inheritance Law

In Islamic inheritance law, the share of a father is outlined in the Quranic verse [Surah AnNisa 4:11]. According to this verse, the father receives a specific portion of the deceased’s estate, provided that the deceased has offspring or not. The details of the father’s share are as follows:

The father is entitled to receive a share of the deceased’s estate if the deceased has offspring, which includes children, grandchildren, or even more distant descendants. This provision ensures that the father’s inheritance is applicable when there are descendants from the deceased.

Father’s fixed share when the deceased has offspring

The father’s share is fixed at one-sixth (1/6) of the total estate when the deceased has offspring. This means that the father is entitled to a portion of the inheritance that amounts to one-sixth of the entire estate’s value.

Father as residual sharer when the deceased has no offspring

The father is entitled to receive a residual share of the deceased’s estate if the deceased has no offspring, which includes children, grandchildren, or even more distant descendants.

Islamic inheritance laws serve as a means to ensure a fair and just distribution of assets among heirs, guaranteeing that each individual’s rights are respected and protected by the principles of Islamic jurisprudence and the Quran.

Maternal Sibling’s Share in Islamic Inheritance Law

In Islamic inheritance law, the share of a maternal sibling is determined by several factors, including the number of maternal siblings, the presence or absence of male offspring, and male paternal ancestors of the deceased. The rules for the maternal sibling’s share are as follows, with specific references to the Quranic verse An-Nisa (4:12)

Maternal Sibling receives one-sixth (1/6) if all the following conditions are met

1. If the deceased has only one maternal sibling, AND
2. If the deceased does not have any male offspring (sons or male descendants), AND
3. If the deceased does not have any male paternal ancestors (such as the father or grandfather)

If the deceased has a single maternal sibling and meets the specified conditions (no male offspring, no male paternal ancestors), that maternal sibling is entitled to receive one-sixth (1/6) of the estate. This allocation recognizes the rights of the single maternal sibling in the absence of other qualifying heirs.

Maternal Siblings receive one-third (1/3) if all the following conditions are met

1. If the deceased has multiple maternal siblings, AND
2. If the deceased does not have any male offspring (sons or male descendants), AND
3. If the deceased does not have any male paternal ancestors (such as the father or grandfather)

If the deceased has multiple maternal siblings and fulfills the specified conditions (no male offspring, no male paternal ancestors), these maternal siblings are entitled to a one-third (1/3) share of the estate, and this share will be equally divided among them. This distribution ensures that the collective rights of the maternal siblings are upheld when there are no male offspring or male paternal ancestors.

These rules ensure that the maternal sibling’s share is determined based on the number of maternal siblings and the presence or absence of male offspring and male paternal ancestors of the deceased, in accordance with Islamic inheritance laws and the Quranic verse An-Nisa (4:12).