The Laws Of Inheritance In Islam - 6.0

FIQH: AHLUS SUNNAH WAL JAMA'AH - TRADITIONAL SHAFI'I SCHOOL OF JURISPRUDENCE


The Shares When Dividing The Estate of the Deceased

The six obligatory shares mentioned in the Qur'an in (Surah An-Nisaa: Ayat 11~12) are: one-half, one-fourth, one-eighth, two-thirds, one-third and one-sixth.

These amounts will go to ten categories of people:

1. X's husband

2. X's wife

3. X's father

4. X's mother

5. X's daughters

6. X's son's daughters; or X's son's son' daughters, or X's son's son's son's daughters, and on down

7. X's sister

8. X's father's father

9. X's mother's mother or father's mother

10. X's half brothers or half sisters from the same mother.


A summary of X's husband's share:

X's husband receives 1/2 share if there is no inheriting descendant.

X's husband receives 1/4 share if there is an inheriting descendant.

X's husband's share is not eliminated by anyone.



Explanation:



X's husband receives one-half the estate when X has no child who may inherit, even if the child is from a different husband. (The word child or "Walad" in Arabic - includes both males and females of all ages). X's husband also receives one-half when X's son has no child who may inherit.

On the other hand, X's husband receives one-fourth the estate when X has a child who may inherit, whether it is a child of X by this husband or a different husband,and whether male or female, or when X's son has a child who may inherit.


A summary of X's wife's share:


X's wife receives 1/4 if there is no inheriting descendant.


X's wife receives 1/8 if there is an inheriting descendant.

X's wife's share is not eliminated by anyone.


Explanation:

X's wife receives one-fourth the estate when X has no child to inherit (even if by a different wife); and X's son has no child to inherit.

However, X's wife receives one-eighth the estate when X has a child to inherit, or X's son has a child to inherit (whether X's son is from her or from another wife).

If there are two, three, or four wives, they jointly receive the one-fourth or one-eighth. This means that - the share apportioned to one wife is given to two or more, thus divided up between them.




A summary of X's father's share:

X's father receives 1/6 if there is an inheriting descendant.

X's father is the Universal Heir if there is no male inheriting descendant. (The term 'Universal Heir' shall be explained later below.)

X's father's share is not eliminated by anyone.

Explanation:


X's father receives one-sixth of the estate when X has a son to inherit, or when X's son has a son to inherit, or when X has a daughter or X's son has a daughter, who may inherit; though in such a case, the father takes the one-sixth plus the remainderr of the estate as the Universal Heir.


X's father is the Universal Heir i.e. by himself, he takes the whole estate if there are no others who have an obligatory share coming; or if there are such others, he receives the remainder of the estate after they have received their shares; when X has no son to inherit and X's son has no son to inherit.




A summary of X's mother's share:

X's mother receives 1/6 if there is an inheriting descendant, or if there are two or more of X's brothers or sisters.

X's mother receives 1/3 of the remainder after deducting the share of X's husband or wife in cases where the heirs include both X's father and the husband or wife but no inheriting descendant.

X's mother receives 1/3 of the estate when none of the above mentioned heirs exists.


X's mother's share is not eliminated by anyone.



Explanation:

X's mother receives one-third of the estate when all three of the following are the case:

(a) X has no child (male or female) who may inherit, nor does X's son has a child.

(b) X does not have two or more brothers or sisters, whether full brothers or sisters or half brothers or sisters from either parent.

(c) and the heirs do not include X's husband and X's two parents, or X's wife and two parents, of which X's mother is one of them.


X's mother receives one-sixth of the estate when X has a child who may inherit (non-(a)), or when X has two or more brothers or sisters (non-(b)).


X's mother receives one-third of the remainder after deducting the share of X's husband or wife when the heirs include X's husband and two parents, in which case she receives one-third of the remainder after X's husband receives his share of one-half, meaning she receives a sixth of the estate, as that is a third of the remainder, and X's father receives the rest (non (c)). Refer to Example 1 below:


Example 1:


Shares = 6


Husband = 3


Mother = 1


Father = Universal Heir = 6 - (3+1) = 2



In a situation when the heirs include X's wife and two parents; hence the mother receives one-third of the remainder after X's wife receive her share of one-fourth, meaning that the mother receives one-fourth of the estate, as that is a third of the remainder, and the father receives the rest, as calculated below:



Example 2:

Shares = 4


Wife = 1


Mother = 1


Father = Universal Heir = 4 - 2 = 2




A summary of X's daughter's share:


X's daughter receives 1/2 if there are no other of X's sons or daughters, whether full or half brothers of sisters to her.


X's daughter receives 2/3 for her to share equally (if there are no sons) with other daughters, if any.


X's daughter is Co-Universal Heir with X's sons(s) if existent; meaning that they jointly constitute the Universal Heir, dividing this share so that each male receives twice the amount of each female; since men are obliged to support women in Islam and not vice versa.


X's daughter's share is not eliminated by anyone.


Explanation:

X's sole daughter - who is without a Co-Universal Heir such as her brother, and without someone else on her own level, such as her sister - receives half of the estate.


Two or more daughters jointly receive two-thirds.




IMPORTANT NOTE:


It is important to remember that - for the persons named in the following rulings described below, the share of any of them who is related to X through an inheriting heir is eliminated by the existence of that heir, except for X's half brother from the same mother, whose share is not eliminated by the mother's existence.




A summary of the share of X's son's daughter:


X's son's daugher's share is eliminated if X's son exist (an example of the above rule).


X's son's daughter receives 1/2 if X has no daughter son's son or any other daughter of a son.


X's son's daughter receives 2/3 for her to share equally with the other daughters of X's son(s), if X has no daughter(s) or son's son(s).


X's son's daughter receives 1/6 when there is a sole daughter.


X's son's daughter is Co- Universal Heir with X's son's son(s), when in the absence of X's daughter, dividing this share of each male receiving twice the share of each female, as already discussed above.


X's son's daughter's share is eliminated when X has two or more daughters.

When X's sole daughter exists, X's son's daughter(s) receives one-sixth of the estate (if there are more, they share the amount), which with the sole daughter's share of one-half, makes two-thirds, which is the maximum that may go to the category of daughters.




A summary of the share of X's full sister:


X's full sister receives 1/2 if there are no other full brothers or sisters.


X's full sister receives 2/3 for her to share equally with other full sisters.


X's full sister is Co-Universal Heir with full brother(s) if any, whereby each male receiving twice the share of each female.


X's full sister is Universal Heir through the existence of X's daughter(s).


Explanation:


X's full sister's share is eliminated when X's father or X's son exists.


X's sole full sister here meaning that no other full brothers or sisters exist, and thus - she receives one-half of the estate.


When there are two or more such sisters, and when there are no full brothers, the jointly receive two-thirds of the estate.


Discussion regarding X's full sister(s) and X's full daugher(s) are explained further below.


A summary of the share of X's half sister from the same father:


X's half sister from the same father receives 1/2 in the absence of X's full brother, full sister, other half sister from the same father, and in the absence of a half brother from the same father.


X's half sister from the same father receives 2/3 for her to share equally with other half sister(s) from the same father, when there are no full brothers or sisters,and no half brothers from the same father.


X's half sister from the same father receives 1/6 when there is X's sole full sister.


She is Universal Heir through X's daughters or X's son's daughters provided there are no full brothers or sisters, or half brothers from the same father.

She is Co-Universal Heir with X's half brother(s) from the same father, and, as has been explained above - the male receiving twice the share of each female.


Explanation


Her share is eliminated if X's father or son exists.


X's sole half sister from the same father receives one-half of the estate.


Two or more such paternal half sisters jointly receive two-thirds of the estate.


When such a half sister, or two or more, exists with X's sole full sister, then the half sister(s) - jointly, if more than one - receives one-sixth, which with the half that goes to the full sister, takes two-thirds.

X's full sister(s) is Universal Heir through X's daughter(s). If X has no full sisters, X's half sisters by the same father are the estate's Universal Heirs through X's daughter(s).

An example of the former is when the heirs are X's daughter and full sister. The daughter receives one-half, and the sister receives the rest, being the Universal Heir.


Example 3:


Shares = 2


Daughters = 1 portion


Full sister = Universal Heir = 2 - 1 = 1 portion


Thus daughters obtain 1/2 of the total portion, while sister obtains the remaining 1/2.



Example 4:

Another example is when there are X's two daughters, a full sister, and a paternal half sister, in which case the two daughters jointly receive two-thirds, and the full sister receives the rest as universal heir), while the paternal half sister's share is eliminated by the full sister's universal heirship:


Shares = 3


2 Daughters = 2/3 - each daughter to receive 2/3 x 1/2 = 1/6 portion


Full sister = 3 - 2/3 = 1/3 portion

Half sister = eliminated, thus = 0 portion




A summary of X's grandfather's (father's father's) share:


His share is eliminated if X's father exists.


X's grandfather's (father's father's) share is 1/6 if X has an inheriting male descendant.


X's grandfather (father's father) is a Universal Heir in the absence of both X's father and any inheriting male descendant.


Explanation:


If X's brother(s) or sister(s) exists, then:


When there is no other heir who has an obligatory share coming, then the grandfather receives whichever of the following two alternatives that would yields the maximum:

(a) 1/3 of the estate; or

(b) divide the estate with X's brother(s) or sister(s) as if he were one of them, the male receiving twice the share of the female. If only X's sister(s) exists, then she becomes Co-Universal Heir with him; but


(c) when there are one or more other heirs who have no obligatory share coming besides the brother(s) or sister(s), then the grandfather receives whichever of the following three alternatives yields the maximum:


(i) 1/6 of the estate; or


(ii) 1/3 of the remainder after the (non-brother/sister) heir(s) receives their share; or


(iii) dividing the estate with X's brother(s) or sister(s) as if he were one of them, the male receiving twice the share of the female. If only X's sister(s) exists, then she becomes Co-Universal Heir with him.

As for the grandfather, sometimes X's brothers or sisters exist with him and sometimes they do not.

When they do not, then the grandfather receives one-sixth of the estate of X's son or son's son; or X's daughters or son's daughters if they exist; but in such a case he takes the sixth plus the rest as Universal Heir); while the grandfather is the Universal Heir in the absence of X's son or son's son; or daughter or son's daughter.

When X's full or paternal half brothers or sisters exist, then sometimes there are other inheriting heirs and sometimes not.

When besides X's brother(s) or sister(s), the grandfather's co-survivors do not include other inheriting heirs, the grandfather divides the estate with the brothers and sisters as if he were one of them, and if there are only sisters, then he is Co-Universal Heir with the sisters.

But such a division is only effected when it does not result in less than one-third of the estate going to the grandfather. If it would result in less than a third for him, then his obligatory share is one-third of the estate, and the brothers or sisters divide the rest between them, the males receiving the share of two females.


This is illustrated by the following examples, in each of which the grandfather receives at least a third:



Example 5

Heirs are = X's grandfather and one sister:

Shares = 3


Grandfather = 2


Sister = 1




Example 6

Heirs are = X's grandfather and two sisters:


Shares = 4


Grandfather = 2


Sister = 1


Sister = 1



Example 7

Heirs are = X's grandfather and three sisters:


Shares = 5


Grandfather = 2


Sister = 1


Sister = 1


Sister = 1



Example 8

Heirs are = X's grandfather and four sisters:

Shares = 6


Grandfather = 2


Sister = 1


Sister = 1


Sister = 1


Sister = 1



Example 9

X's heirs are = X's grandfather and one brother:


Shares = 2

Grandfather = 1


Brother = 1




Example 10

X's heir are = X's grandfather and two brothers:


Shares = 3


Grandfather = 1


Brother = 1


Brother = 1




Example 11

X's heir are = X's grandfather, brother and sister:


Shares = 5


Grandfather = 2


Brother = 2


Sister = 1




Example 12

Heirs = X's grandfather, brother and two sisters:


Shares = 6


Grandfather = 2


Brother = 2


Sister = 1


Sister = 1


In each of the above examples i.e. from Example 5 to Example 12 - the grandfather divides the estate with the other heirs, whereby the male receiving the share of two females.