Islamic Inheritance Shares for Wife, Son, Father and Paternal Nephew
In this case study, four key sharers, namely a wife, a son, a father and a paternal nephew, are involved. The wife and father are entitled to prescribed or fixed shares, while the son receives a residual share. The paternal nephew gets nothing in the presence of the son. 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
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.
Concluded Share of the Father:
In this scenario, the deceased has offspring (children or descendants), so, the father is entitled to receive one-sixth (1/6) of the total estate.
Father’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.
Son’s Share = Total Estate – Prescribed Sharers ( Wife + Father )
Son’s Share = Total Estate – Wife’s Share – Father’s Share
Son’s Share = 100% – 12.5% – 16.67%
Son’s Share = 70.83% of the estate
Calculation of the Paternal Nephew’s Share
Paternal Nephew’s share as a residual sharer in Islamic inheritance depends on several factors, primarily the presence of other heirs, including parents, spouses, offspring, siblings and uncles. The key rules for calculating the Paternal Nephew’s share as a residual sharer are as follows:
Concluded Share of Paternal Nephew:
In this scenario, the paternal nephew gets nothing because the son of the deceased blocks the paternal nephew.
Calculation steps performed in this case study:
- Son blocks Paternal Nephew from receiving any share. (Rule 13).
- Wife gets the prescribed share of 1/8 (Rule 2b).
- Father gets the prescribed share of 1/6 (Rule 5a).
- Distribute the remaining shares according to relative priority (Rule 14).
- Son is the only heir remaining receiving share of 17/24 (Rule 14).
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Wife | 1/8 | 12.5% |
| Father | 1/6 | 16.67% |
| Son | 17/24 | 70.83% |
| Paternal Nephew | 0/24 | 0% |
| Total | 24/24 | 100% |
