Islamic Inheritance Shares for Wife, Full Sister and Two Daughters

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

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.

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

1. There’s only one full sister, AND
2. There are no offspring (children or descendants), AND
3. There are no male paternal ancestors, AND
4. 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

1. There are multiple full sisters, AND
2. There is no offspring (children or descendants), AND
3. There are no male paternal ancestors, AND
4. 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

1. There are both full brother and full sister, AND
2. There is no offspring (children or descendants), AND
3. 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.