Islamic Inheritance Shares for Wife, Two Daughters and Paternal Cousins Grandson
In this case study, three key sharers, namely a wife, two daughters, and a paternal cousins grandson, are involved. The wife and daughters are entitled to prescribed or fixed shares, while the paternal cousins grandson 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
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.
Paternal Cousin’s Grandson Share in Islamic Inheritance Law
In Islamic inheritance law, the paternal cousin’s grandson holds a significant position as a residual sharer. Paternal cousin’s grandson is eligible to receive a residual share in the absence of offspring ( children and descendants ), paternal male ancestors, siblings, and other near relatives.
This means that when the estate of a deceased person is distributed among the heirs, the paternal cousin’s grandson is entitled to inherit from what remains after the shares of other primary sharers have been allocated.
The share of Paternal Cousin’s Grandson would be as follows:
Full Paternal Cousin’s Grandson’s Share = Total Estate – The shares of prescribed or fixed sharers
Calculation of Paternal Cousin’s Grandson Share as a Residual Sharer
Paternal Cousin’s Grandson’s Share = Total Estate – Prescribed Sharers ( Wife + Daughter )
Paternal Cousin’s Grandson’s Share = Total Estate – Wife’s Share – Daughter’s Share
Paternal Cousin’s Grandson’s Share = 100% – 12.5% – 66.67%
Paternal Cousin’s Grandson’s Share = 20.83% of the estate
In this situation, the Paternal Cousin’s Grandson’s share is 20.83% of the estate, which is equivalent to 5/24. This calculation is derived from the expression (1-1/8-2/3).
Calculation steps performed in this case study:
- Wife gets the prescribed share of 1/8 (Rule 2b).
- Daughter gets the prescribed share of 2/3 (Rule 3b).
- Distribute the remaining shares according to relative priority (Rule 14)
- Paternal Cousins Grandson is the only heir remaining receiving share of 5/24 (Rule 14).
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Wife | 1/8 | 12.5% |
| Daughters | 2/3 | 66.67% |
| Paternal Cousins Grandson | 5/24 | 20.83% |
| Total | 24/24 | 100% |
Shares by Individual:
| Relative | Share Fraction | Share Percentage |
|---|---|---|
| Wife | 3/24 = 1/8 | 12.5% |
| Daughter 1 | 8/24 = 1/3 | 33.34% |
| Daughter 2 | 8/24 = 1/3 | 33.34% |
| Paternal Cousins Grandson | 5/24 | 20.83% |
| Total | 24/24 | 100% |
