Islamic Inheritance Shares For Wife, two Daughters, Mother, Grandfather and Paternal Brother
In this case study, five key sharers, namely a wife, two daughters, a mother, a grandfather and a paternal brother, are involved. The wife, daughters, mother and grandfather are entitled to prescribed or fixed shares, while the paternal brother 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
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
Grandfather’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of the paternal grandfather is determined by the presence of a father and offspring of the deceased. The rules for the paternal grandfather’s share are as follows:
Grandfather’s fixed share when following conditions are met
- The deceased does not have a father, AND
- The deceased has offspring
If the deceased’s father is not alive and the deceased has offspring (children or descendants), the paternal grandfather is eligible to receive a fixed share of one-sixth (1/6) of the estate. This provision ensures that the paternal grandfather can inherit when the father is not alive.
Grandfather’s residual share
If the deceased’s father is not alive and the deceased has no offspring (children or descendants), the paternal grandfather becomes a residual sharer and is eligible to receive the remaining estate after distributing it to all fixed or prescribed sharers. This provision ensures that the paternal grandfather can inherit more than one-sixth (1/6).
These rules ensure that the paternal grandfather’s share is determined based on the absence of a father and the presence of offspring, with the primary aim of preserving the rights of the paternal grandfather in accordance with Islamic inheritance laws and principles.
Concluded Share of the Grandfather:
In this scenario, the deceased has offspring (children or descendants), so, the paternal grandfather is entitled to receive one-sixth (1/6) of the total estate.
Paternal Grandfather’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.
Paternal Brother’s Share in Islamic Inheritance Law
In Islamic inheritance law, the paternal brother holds a significant position as a residual sharer. Paternal brother is eligible to receive a residual share in the absence of offspring ( children and descendants ) and father.
This means that when the estate of a deceased person is distributed among the heirs, the paternal brother is entitled to inherit from what remains after the shares of other primary sharers have been allocated.
The share of paternal brother would be as follows:
Paternal Brother’s Share = Total Estate – The shares of prescribed or fixed sharers
Calculation of residual shares for paternal brother
Paternal Brother Share = Total Estate – Share of Prescribed Sharers
Paternal Brother Share = Total Estate – Wife’s Share – Daughters Share – Mother’s Share – Grandfather’s Share
Paternal Brother Share = 100% – 11.11% – 59.26% – 14.81% – 14.81%
Paternal Brother Share = 0%
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).
- Mother gets the prescribed share of 1/6 (Rule 6b).
- Grandfather gets the prescribed share of 1/6 (Rule 7a).
- Total shares have exceeded 100%. Shares need to be reduced proportionally (Rule 18).
Recalculation of shares:
In this case, we have to distribute among the wife, two daughters, mother, grandfather and paternal brother. The shares will be 1/8, 2/3, 1/6, 1/6 and 0/6 respectively. After solving the expression of ( 1/8 + 2/3 + 1/6 + 1/6 + 0/6 ) it gives us 27/24 which is more than 1. But this must be less than or equal to 1. Currently, we have only 24 shares and need to distribute 27 shares. Now, we will reduce the shares of all eligible heirs, proportionally. So, instead of dividing the shares by 24 ( available shares ), we will divide their shares by 27.
You can observe the proportional reduction in shares as follows:
Wife’s share = 1/8 = 3/24 => 3/27
Daughters shares = 2/3 = 16/24 => 16/27
Mother’s shares = 1/6 = 4/24 => 4/27
Grandfather’s shares = 1/6 = 4/24 => 4/27
Paternal Brother’s shares = 0/6 => 0
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Wife | 3/27 = 1/9 | 11.11% |
| Daughters | 16/27 | 59.26% |
| Mother | 4/27 | 14.81% |
| Grandfather | 4/27 | 14.81% |
| Paternal Brother | 0/27 | 0% |
| Total | 27/27 | 100% |
Shares by Individual:
| Relative | Share Fraction | Share Percentage |
|---|---|---|
| Wife | 1/9 | 11.11% |
| Daughter 1 | 8/27 | 29.63% |
| Daughter 2 | 8/27 | 29.63% |
| Mother | 4/27 | 14.81% |
| Grandfather | 4/27 | 14.81% |
| Paternal Brother | 0 | 0% |
| Total | 27/27 | 100% |
