Islamic Inheritance Shares for Wife, Mother and Son
In this case study, three key sharers, namely a wife, mother, and son, are involved. The wife and mother are entitled to a prescribed or fixed share, while 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
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 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.
Son’s Share as a Residual Sharer in Islamic Inheritance
In Islamic inheritance law, a son is a significant 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 as a Residual Sharer
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 – Prescribed Sharers ( Wife + Mother )
Son’s Share = Total Estate – Mother’s Share – Wife’s Share
Son’s Share = 100% – 16.67% – 12.5%
Son’s Share = 70.83% of the estate
In this situation, the son’s share is 70.83% of the estate, which is equivalent to 17/24. This calculation is derived from the expression (1 – 1/8 – 1/6).
Residual Sharer’s Significance in Islamic Inheritance
The concept of a son’s share as a residual sharer highlights the importance of male heirs in Islamic inheritance. This allocation system is designed to ensure that the financial interests of sons are safeguarded, especially when there are multiple sons to support the family.
In Islam, sons are often considered responsible for their parents’ and siblings’ care and financial support, and the rules for a son’s share as a residual sharer reflect this responsibility. These rules aim to promote family stability and economic well-being while adhering to Islamic teachings’ principles of justice and fairness.
Calculation steps performed in this case study:
- Wife inherits the prescribed share of 1/8 (Rule 2b).
- Mother inherits the prescribed share of 1/6 (Rule 6b).
- Distribute the remaining shares according to relative priority (Rule 14)
- Son is the only heir, receiving the remaining ( residual ) share of 17/24 (Rule 14).
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Wife | 3/24 = 1/8 | 12.5% |
| Mother | 4/24 = 1/6 | 16.67% |
| Son | 17/24 | 70.83% |
| Total | 24/24 | 100% |
