Shares for Paternal & Maternal Grandmothers, Wives and Maternal Brothers
In this case study, four key sharers, namely a paternal grandmother, a maternal grandmother, wives, and maternal brothers, are involved. All of these are entitled to prescribed or fixed shares. 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.
Paternal Grandmother’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of the paternal grandmother is determined by several factors, including the presence or absence of parents and other grandparents. The rules for the paternal grandmother’s share are as follows:
Paternal Grandmother’s share is one-sixth (1/6) under the following conditions:
- The deceased does not have a mother, AND
- The deceased does not have a father, AND
- The deceased does not have a maternal grandmother.
If the deceased’s mother is not alive, the paternal grandmother’s share depends on the presence or absence of the deceased’s father and the existence of a paternal grandmother. In the absence of a mother, father and paternal grandmother, the maternal grandmother is entitled to one-sixth (1/6).
Paternal Grandmother’s Share is one-twelfth (1/12) under the following conditions:
- The deceased does not have a mother, AND
- The deceased does not have a father, AND
- The deceased has a maternal grandmother
If the deceased has no father, no mother but a living maternal grandmother, the paternal grandmother’s share is reduced to one-twelfth (1/12) of the estate and the maternal grandmother will get the remaining one-twelfth (1/12). So, the one-sixth ( 1/6) share will be divided equally in both grandmothers.
These rules ensure that the paternal grandmother’s share is determined based on the presence or absence of parents and other grandparents, with the primary aim of preserving the rights of the paternal grandmother by Islamic inheritance laws and principles.
Concluded Share of the Paternal Grandmother:
In this scenario, the deceased has left no living mother but a living maternal grandmother, so, the paternal grandmother would receive one-twelfth (1/12) of the total estate.
Paternal Grandmother’s Share = 8.33% of the estate
Maternal Grandmother’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of the maternal grandmother is determined by several factors, including the presence or absence of parents and other grandparents. The rules for the maternal grandmother’s share are as follows:
Maternal Grandmother’s share is one-sixth (1/6) under the following conditions:
- The deceased does not have a mother, AND
- The deceased has a living father OR does not have a paternal grandmother
If the deceased’s mother is not alive, the maternal grandmother’s share depends on the presence or absence of the deceased’s father and the existence of a paternal grandmother. In the absence of mother, the maternal grandmother is entitled to one-sixth (1/6).
Maternal Grandmother’s Share is one-twelfth (1/12) under the following conditions:
- The deceased does not have a mother, AND
- The deceased does not have a father, AND
- The deceased has a paternal grandmother
If the deceased has no father but a living paternal grandmother, the maternal grandmother’s share is reduced to one-twelfth (1/12) of the estate and the paternal grandmother will get the remaining one-twelfth (1/12). So, the one-sixth ( 1/6) share will be divided equally in both grandmothers.
These rules ensure that the maternal grandmother’s share is determined based on specific familial circumstances, in line with Islamic inheritance laws and principles, while safeguarding the maternal grandmother’s inheritance rights.
Concluded Share of the Maternal Grandmother:
In this scenario, the deceased has left no living mother & father but a living paternal grandmother, so, the maternal grandmother would receive one-twelfth (1/12) of the total estate.
Maternal Grandmother’s Share = 8.33% of the estate
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 has no offspring (children or descendants), so, the wife would receive one-fourth (1/4) of the total estate.
Wife’s Share = 25% of the estate
Maternal Sibling’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a maternal sibling is determined by several factors, including the number of maternal siblings, the presence or absence of male offspring, and male paternal ancestors of the deceased. The rules for the maternal sibling’s share are as follows, with specific references to the Quranic verse An-Nisa (4:12)
Maternal Sibling receives one-sixth (1/6) if all the following conditions are met
- If the deceased has only one maternal sibling, AND
- If the deceased does not have any male offspring (sons or male descendants), AND
- If the deceased does not have any male paternal ancestors (such as the father or grandfather)
If the deceased has a single maternal sibling and meets the specified conditions (no male offspring, no male paternal ancestors), that maternal sibling is entitled to receive one-sixth (1/6) of the estate. This allocation recognizes the rights of the single maternal sibling in the absence of other qualifying heirs.
Maternal Siblings receive one-third (1/3) if all the following conditions are met
- If the deceased has multiple maternal siblings, AND
- If the deceased does not have any male offspring (sons or male descendants), AND
- If the deceased does not have any male paternal ancestors (such as the father or grandfather)
If the deceased has multiple maternal siblings and fulfills the specified conditions (no male offspring, no male paternal ancestors), these maternal siblings are entitled to a one-third (1/3) share of the estate, and this share will be equally divided among them. This distribution ensures that the collective rights of the maternal siblings are upheld when there are no male offspring or male paternal ancestors.
These rules ensure that the maternal sibling’s share is determined based on the number of maternal siblings and the presence or absence of male offspring and male paternal ancestors of the deceased, in accordance with Islamic inheritance laws and the Quranic verse An-Nisa (4:12).
Concluded Share of Maternal Siblings:
In this scenario, the deceased has multiple maternal siblings, so, they are entitled to receive one-third (1/3) of the total estate.
Maternal Siblings’ Share = 33.33% of the estate
Calculation steps performed in this case study:
- Wife gets the prescribed share of 1/4 (Rule 2a).
- Paternal Grandmother gets the prescribed share of 1/12 (Rule 8b).
- Maternal Grandmother gets the prescribed share of 1/12 (Rule 9b).
- Maternal Siblings get the prescribed share of 1/3 (Rule 12b).
- Maternal Brothers get 1/6 and maternal sisters get 1/6 – the ratio 1:1 (Rule 33).
- Distribute the remaining shares according to relative priority (Rule 14)
- Some shares are remaining to be distributed. Shares should now be increased proportionally among all heirs except the spouse (Rule 19).
Recalculation of shares:
In this scenario, the total of prescribed shares allocated to the wife, paternal grandmother, maternal grandmother, and maternal siblings adds up to 3/4 of the estate. This is demonstrated by the expression of (1/4 + 1/12 + 1/12 + 1/3) equating to 3/4. However, there remains an unallocated share of one-fourth (1/4). Unfortunately, there are no remaining heirs entitled to receive this remaining share of 1/4. As a result, we adjusted the shares of the existing heirs, increasing them proportionally, except for the spouse.
You can observe the proportional increase in the shares, as follows:
Paternal Grandmother’s share = 1/12 => 1/8
Maternal Grandmother’s share = 1/12 => 1/8
Maternal Brothers’ shares = 1/3 => 1/2
Shares by Category:
| Relative Category | Share Fraction | Share Percentage |
|---|---|---|
| Wives | 1/4 | 25% |
| Paternal Grand Mother | 1/8 | 12.5% |
| Maternal Grand Mother | 1/8 | 12.5% |
| Maternal Brothers | 1/2 | 50% |
| Total | 8/8 | 100% |
Shares by Individual:
| Relative | Share Fraction | Share Percentage |
|---|---|---|
| Wife 1 | 1/8 | 12.5% |
| Wife 2 | 1/8 | 12.5% |
| Paternal Grand Mother | 1/8 | 12.5% |
| Maternal Grand Mother | 1/8 | 12.5% |
| Maternal Brother 1 | 2/8 | 25% |
| Maternal Brother 2 | 2/8 | 25% |
| Total | 8/8 | 100% |
