Laws of Inheritance in Islam Made Easy
“And you consume inheritance, devouring [it] altogether”
(Holy Quran 89: 19)
Introduction
Inheritance is an integral part of Islamic Shariah Law and its application in Islamic society is a mandatory aspect of the Divine teachings of Islam.
That Muslims inherit from each other is proven from the Holy Quran:
“There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large – a legal share.“ [An-Nisa 4:7]
This blog is a translation & extension of some fantastic work done by my respected father Dr. Saeed Ahmad Shad, a retired PhD professor of mathematics. Mathematics runs in our families’ blood & I myself Alhamdulillah have a keen interest and understanding of the subject.
In this blog, I have tried to make the laws of inheritance much easier to understand for the common person, but it still requires good knowledge of the subject of mathematics. It is also really amazing, after reading all this, how much mathematics the Holy Prophet (PBUH) and his companions (RA) knew over 1400 years ago!
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Answers are given in 1-3 days in sha Allah.
Sayings of the Holy Prophet Concerning Importance of Inheritance
- Hazrat Anas (RA) related that the Prophet (PBUH) said:“If anyone deprives an heir of his inheritance, Allah will deprive him of his inheritance in Paradise on the Day of Resurrection.” (Suna Ibn Majah)
- Hazrat Abu Huraira narrated that the Prophet (PBUH) said: “A man may do the deeds of the people of goodness for seventy years, then when he makes his will, he is unjust in his will, so he ends (his life) with deeds and enters hell. (Sunan Ibn Majah)
- Hazrat Ibn Umar (RA) narrated that the Holy Prophet (PBUH) said: “The Muslim man has no right to spend two nights, if he has something for which a will should be made, without having a written will with him. (Sunan Ibn Majah)
- The Holy Prophet said: “Learn (the knowledge of) inheritance and teach it (to the people) for it is half of knowledge; and it will eventually be forgotten. It will be the first (knowledge) to be taken away from my Ummah” (Sunan Ibn Maajah)
- Hazrat Muhammad (PBUH) said “Indeed I am a man who will be taken away, therefore learn Fara-idh (laws of inheritance) and teach it. The time of the disappearance of knowledge will come close, when two persons will dispute regarding an Islamic ruling and they will find no one to decide the dispute.”
- Hazrat Anas ibn Malik (RA) relates that the Messenger of Allah (PBUH) said: “Whoever deprives an heir of his/her inheritance-share [as fixed by Qur’anic guidelines], Allah will deprive him/her of Paradise on the day of judgment.” (Sunan Ibn Majah, no: 2703)
Definitions
- Mirath: is derived from the verb ‘waratha’ ورث which means to inherit anything. Another literal meaning of the word Mirath is that, it connotes the handing over of a thing from one person to another.
- Al-Faraidh: is plural of Al-Faridha الفریضة which is derived from the verb Faradha (فرض) , which literally mean “a fixed share”.
- In the legal terminology, it is knowledge about rules of the Shari’ah which guides us about who will inherit and who will not and what shares will go to the heirs from the property of the deceased.
- Wasiyyah: Islamic will is called Wasiyyah
- Taraka: All what a deceased leaves behind of wealth, jewelry, movable or immovable property, whether it is with him or given in loan to another person; all that can be inherited, after subtracting burial expenses, loans, and bequest; meaning whatever is to be distributed to the legal heirs
- Aulad: (Children): Includes sons, daughters, grandsons, grand-daughters and so on
- Narina Aulad (Male Offspring): Includes sons, grandsons, great grandsons and so on
- Kalala: There are two types of Kalala with slightly different meanings:
- 1. From verse 4 : 12 (in case of uterine siblings)
A person (male or female) who has died (& has taraka left behind) & has no male ascendants (no father, grandfather or great grandfather and no children/offspring; meaning those who leave no male ascendants and no descendants (male or female).
- 2. From verse 4: 176 (in case of full siblings or paternal siblings)
A person (male or female) who has died (& has taraka left behind) & and has no male ascendants and no male descendants (no male offspring -Naurina Aulad).
** There is difference among scholars whether the paternal grandfather blocks full and paternal siblings
- Full brothers/sisters: Brothers/sisters who have the same father and mother
- Paternal brothers/sisters: Brothers/sisters who have the same father but different mothers
- Maternal brothers/sisters: Brothers/sisters who have the same mother but different fathers
- Zawil-Furoodh: These are the family members whose shares are exclusively set by Quran e.g. Father, Widow etc
- Asabah: Relatives who may have a share but share is NOT fixed in Quran or Sunnah. They are also called ‘Residual heirs’ as they get remaining inheritance after Zawil-Furoodh have been given their shares of inheritance. They are mostly on the father’s side as is shown below
- Primary heirs: Those relatives of the deceased whose share of inheritance is obligatory (is a must). They include son, daughter, father, mother, husband, wife etc. These are the primary sharers of the inheritance.
- Secondary heirs: Inherit the estate when they are the only heirs in absence of primary heirs.
- Zawil Arhaam: 3rd category of relatives of deceased who are neither from Zawil Furoodh nor Asabah, and are related to the deceased through a woman or they are women e.g. Maternal grandfather, maternal granddaughter, maternal uncle/aunt, paternal aunt etc
- Mahjoob: A potential inheritor who gets blocked due to the presence of another more primary inheritor e.g. grandson gets blocked in presence of son
- Wasiyyah (Bequest): A part of taraka, not more than 1/3 that deceased, nominates in his/her will, to be given to certain people or organization
Writing a Will/Wasiyyah
- The evidence that writing a will is prescribed in Islam is to be found in the Quran and Sunnah, and the consensus of the scholars.
- However majority of scholars state it is recommended, but not obligatory
- In other words, a will is basically a bequest of a part of the inheritance, not more than 1/3 to relatives besides the legal heirs, to charity or any other religious cause for Islam.
Rules Regarding Writing a Will
-
- Should be made by a person who is baligh, sane and made with free will and choice and not under duress (force/pressure)
- 2 Witnesses should be present at time of declaration and writing of the will. If there are no witnesses, a written will signed and/or in writing of the deceased may be accepted according to some scholars.
- In Islamic Law, the inheritance from the deceased person is defined by Shariah Law. However, a person is entitled to make his own will up to 1/3 of his wealth/assets.
- If there are no legal heirs or if all legal heirs agree, then the person can bequest more than 1/3 of the total inheritance.
- This should be mentioned in the will i.e. 80 % of my whole inheritance will be for my rightful heirs & 20 % for such and such person, organization or 100% for my heirs, 0 % for any other etc
- No bequest for the legal heirs, meaning legal heirs cannot be given any extra amount from the inheritance through the will. In other words, a will is basically a bequest of a part of the inheritance, not more than 1/3 to relatives (besides the legal heirs), charity etc
- All others, including Non-Muslims can be given part of the bequest
- If the will is intended to harm the heirs or make things difficult for them, then that is haraam
- Must be in accordance with Shariah guidelines
- Can be changed, cancelled or revoked before death
- Comes into effect once the person dies
- Must be carried out after death
- Will executed after payment of any debts, burial expenses, Zakat etc
- Murderer of the deceased does NOT get any part of the bequest
- If it is feared that legal heirs will not be given their due share (for example due to living in Non-Muslim country, then he can write details of how his whole inheritance will be divided in his will, in accordance to the Shariah)
- If someone has not written a will, it will be assumed that his inheritance will only be distributed among the rightful legal heirs and the heirs have to ensure that estate is distributed according to the basic principles of inheritance.
Steps/Procedure of Distribution of Taraka
- Pay funeral/burial expenses
- Pay any debts
- Pay Haq Mehr to wife if not paid before hand in case of death of her husband
- Execute any bequest (Wasiyyah) written in the Will, not to exceed 1/3 of total estate, which should not be among legal heirs, and the amount should NOT be more than 1/3 of the total inheritance
- Distribute among legal heirs
- It is better for a pregnant woman, whose unborn child can be a potential heir, to conceive before distributing the inheritance among legal heirs
- Otherwise distribution of inheritance should be done as early as possible, as an early subsequent death of one of the heirs may complicate matters
Quranic References Concerning Inheritance:
Surah An-Nisa (4: 7-13) and (4: 176) (given at the end)
Zawil Furoodh
- These are the family members whose shares are exclusively set by Allah in the Holy Quran. They include:
From the Quran
- Father
- Mother
- Wife
- Husband
- Daughter(s) (if there are no sons)
- Full Sister
- Maternal siblings (maternal brother and maternal sister)
- Paternal Sister
From Analogy
In absence of father, mother and son:
- Father’s father (paternal grandfather) or higher
- Father’s mother (paternal grandmother) and Mother’s mother (maternal grandmother); both may inherit if alive in absence of mother of deceased
- Son’s daughter or lower
It should be noted that son is not mentioned in the Zawil Furooz by the Holy Quran. But son is the most important heir. Holy Prophet (saw) said, “Whatever is left after giving away the share to the mandatory heirs goes to the nearest male relative(s)”. In case the nearest relative is the son, then it would go to him. This will be elaborated further up ahead.
Asabah (Residual Heirs)
- Relatives who may have a share but their share is NOT fixed in Quran or Sunnah
- They are also called residual heirs
- For example in a small family, if deceased leaves behind a father, mother, a wife and one son and one daughter, then
- Father’s share will be calculated (whose share is fixed as 1/6 in this case)
- Mother’s share will be calculated (whose share is fixed as 1/6 in this case)
- Wife’s share will be calculated (whose share is fixed as 1/8 in this case)
- After giving the above their share, remaining wealth is distributed according to given principle (ratio 2: 1) among son & daughter.
- Because the son & daughter are given remaining or residual wealth, they are said to be among the Asabah
- There are categories of Asabah; sons and daughters are among first category; many other major categories are mentioned under ‘secondary heirs’
Primary Inheritors
Those relatives of the deceased whose share of inheritance is obligatory: They may also block share of secondary heirs and make them Mahjoob. The following will surely inherit a share of the inheritance (except in certain circumstances):
- Children (Sons & daughters)
- Parents (Real mother & real father)
- Wife/Wives
- Husband
Secondary Heirs
Inherit a share of the estate when they are the heirs in the absence of one or more of the primary heirs. Enlisted in order of preference:
- Paternal Grandson(s), Paternal Granddaughter(s)
- Full brothers, full sisters
- Paternal brothers & sisters, maternal brothers & sisters (half brothers; half sisters)
- Paternal grandfather
- Full brother’s son
- Paternal brother’s son
- Paternal uncle (Father’s full brother)
- And many others
To Whom Charity (Bequest/Wasiyyat) in a Will Cannot be Given
- Should not exceed 1/3 of total inheritance
- Legal heirs cannot be given charity besides their inheritance
- Cannot be given towards a non-Shariah Compliant activity or fund.
- Cannot be given to murderer of the deceased
Which People Cannot Inherit (But Can be given Bequest/Wasiyyah)
- Adopted children
- Legal slave
- A Non-Muslim cannot inherit from Muslim and vice versa
- Some relatives
- Daughter’s children
- Sister’s children
- Brother’s daughters
- Maternal brother’s children
- Maternal daughter’s children
- Mother’s brothers
- Father’s sisters
- Mother’s father (maternal grandfather)
- All in-laws
- Step-Mother, step-father, step brothers, step sisters (share no birth parents with deceased)
- Some others besides above
- Ex-wife (or ex-wives)
Which People Cannot Inherit at All
- Murderer of the deceased cannot inherit at all; not even from the bequest
Table of Shares of Inheritance among Zawil Furoodh
Rule 1A : First find out shares of Zawil Furoodh
** There is difference among scholars whether the paternal grandfather blocks full and paternal siblings
Male: Female Ratio
- Rule 13. A male & female of the same class receive shares with the ratio of 2:1 [AnNisa 4:11], [AnNisa 4:176]
- This is often called joint ta’seeb
- The following conditions should be met:
- Male & female are of the same class
- This rule applies during the distribution of residual shares, and not the distribution of prescribed shares
- This rule doesn’t apply to maternal siblings. Here there share is equal (Rule 11.2)
- Joint Ta’seebs are possible only for the following cases:
• Son & daughter
• Grandson & Grand daughter
• Full brother & full sister
• Paternal brother & paternal sister - Joint Ta’seeb are NOT possible for the following case:
- Nephews and nieces (nephew blocks niece from inheriting)
Rule 14. Al-Radd
Under certain circumstances after allocation of the estate amongst all the heirs with fixed shares there is a residue left over but there are no residuaries. This residue called al-radd is returned to those sharers who are entitled to it, in proportion to their original shares.
Rule of Radd:
“Increase shares proportionally among all heirs except the spouse, if there is still some share left to be distributed after giving the inheritors their proscribed shares”
For example: if a deceased has left only 2 maternal sisters
Normally they will get 1/3 of the estate if there are other heirs
But in this case there are no other heirs.
So they will get the entire residue (Al-Radd). Since their share is equal, they will both get 50% of the inheritance
- Except the shares of the spouse, the spouse shares are strictly fixed. They cannot be increased unless no other relatives are found. (Radd does not apply to spouses)
Rule 15. Al-Awal
This is a case opposite to above case of Al-Radd. A situation may arise when the total sum of the assigned shares of the heirs with fixed shares is greater than unity. In this situation all the shares are abated proportionately by the doctrine of al-awal which involves decreasing the fractional shares to a common denominator, and increasing the denominator in order to make it equal to the sum of the numerators.
(Calculation for adjustment for Al-Radd & Al-Awal is too complex; given at the end under Frequently Asked Questions)
The normal shares of each heir will decrease due to this increase above unity
For example: If a deceased has left a husband & two full sisters
Husband gets ½ if there are no children of deceased wife
Full sisters get 2/3
Now ½ plus 2/3 is greater than 1
Now Husband will get 3/7 (about 42.86 %)
Each sister will get 2/7 (about 28.57 %)
Making unity of 1: 3/7 + 2/7 + 2/7 = 1
Mahjoob (Block)
A potential inheritor who gets blocked due to the presence of another more primary inheritor e.g. grandson gets blocked in presence of son
Major examples of Mahjoob:
- Rule 16. Son blocks Paternal Grandson, Paternal Granddaughter, Full brother, Full sister, Paternal brother, Paternal sister, Maternal Brother, Maternal sister, Full Nephew, Paternal Nephew, Full paternal Uncle, Full cousin etc
- Rule 17. Grandson blocks Full brother, Full sister, Paternal brother, Paternal sister, Maternal Brother, Maternal sister, Full Nephew, Paternal Nephew, Paternal Nephew’s son, Full paternal Uncle, Full cousin etc
- Rule 18. Father blocks Paternal Grandfather, Paternal Grandmother, Full brother, Full sister, Paternal brother, Paternal sister, Maternal Brother, Maternal sister, Full Nephew, Paternal Nephew, Full paternal Uncle, Full cousin etc
- Rule 19. Mother blocks Paternal Grandmother, Maternal Grandmother
- Rule 20. Paternal Grandfather blocks Full Nephew, Paternal Nephew, Full paternal Uncle, Full cousin etc
- Rule 21. Full brother blocks Paternal brother, Paternal sister, Full Nephew, Paternal Nephew, Full Nephew’s son, Paternal Nephew’s son, Full paternal Uncle, Paternal paternal uncle, Full cousin etc
- Nephew blocks any niece from inheriting
- Many others can block after this for example paternal brother
- Females block less than males; for example father blocks full brother, but mother may not block a full brother of deceased
- Rule 23. Following can never be blocked: Husband, wife, son, daughter, mother and father
- Spouses can never be blocked nor can they block anyone
Taseeb (Asabah) Ranking in Order
Rule 12b: After giving to Zawil Furoodh, give to Asabah according to following priority:
1) Son(s), daughter(s)
2) Paternal Grandson, paternal Granddaughter
3) Father or Paternal Grandfather
4) Full Brother, Full sister (Kalalah starts here)
5) Paternal Brother, Paternal Sister
6) Full brother’s son
7) Paternal brother’s son
8) Full brother’s son’s son
9) Paternal brother son’s son
10) Paternal Uncle
11) Paternal Uncle’s son (cousin)
And so on……
- Rule 24. Every category below it will get blocked from inheritance EXCEPT the father or paternal grandfather in case there is no father. They do not get blocked. However father will block paternal grandfather if both are alive.
- Rule 25. If husband is also a paternal uncle’s son, he should be treated as two individuals if necessary
- Rule 26. In case of female heirs, the inheritance stops at them and does not move on to their children as in case of male heirs.
- Rule 27.A full brother cannot receive less than the maternal brother; they receive same as maternal siblings
- Rule 28. Maternal grandfather (mother’s father) is blocked from inheritance. Both his male & female ancestors are also blocked. This is different from maternal grandmother (mother’s mother). She gets the inheritance. Also, her female ancestors can also get inheritance, but not the male ancestors.
- Females like mother, daughters, sisters etc have less blocking potential than their male counterparts like father, sons, brothers etc
- Role promotion when the second person mentioned is not alive:
- Grandfather becomes a father
- Paternal grandmother becomes a mother
- Granddaughter become a daughter
- Sister becomes a daughter
- Maternal sister becomes a daughter
- Rule 29. If the deceased left behind a spouse, a father and a mother, but no offspring Hazrat Umar’s calculations need to be applied. (Hazrat Umar’s Fatwa)
Parents will not get their prescribed share
b. Parents will share the remainder with the 2:1 ratio for father & mother
Wisdom (Hikmat) Behind Males Getting Primary Importance in Inheritance
As we see from above:
- Sons get twice as daughters
- Brothers get twice as sisters
- Son’s children inherit but daughter’s children do not inherit
- Paternal relatives given primary importance etc
This is because in Islam, males are the primary bread-winners of the family
Zawil-Arham
- As mentioned above, these are a third category of relatives apart Zawil Furooz or Asabah.
- These are relatives of the deceased who are neither from Zawil Furooz nor Asabaat, and are related to the deceased through a woman or they are women
- These relatives only inherit when the deceased leaves behind no relatives from Zawil Furoodh or from the Asabah.
- The correct opinion is that they do inherit in such a case instead of the inheritance being returned to Bait-ul-Maal.
- There are 11 types/classes of Zawil- Arhaam:
- Daughter’s sons
- Sister’s sons
- Brother’s daughters
- Sons of siblings through the mother
- Paternal aunts
- Paternal uncles of the mother
- Maternal uncles
- Maternal aunts
- Daughters of paternal uncles
- Maternal grandfather
- Mothers of great-grandfathers
All of these, and those of their descendants who take their places, are called dhawi’l-arhaam
Deceased has NO relatives at all (Near or Far)
- Government takes the whole estate
Case of Heirs dying at same time (e.g. in an accident)
- If sequence of their deaths is known, e.g. husband died before wife, then it is easy and inheritance will be calculated by the normal routine as given above
- If all died at same time, sequence of death is not known, uncertain or forgotten: in all these cases, they will NOT inherit from each otherFor example in case of death of husband and wife at the same time, the husband’s estate will be divided among his heirs, and his wife does not inherit anything from him. And the wife’s estate will be divided among her heirs, and her husband does not inherit anything from her.
Disowning (Aaq) by Parents
It is NOT permissible in Islam to disown any legal heir (son, daughter etc) of their rightful inheritance. This is Haram and they will inherit as normal after death of the parent
A Non-Muslim scholar on Islamic Law of Inheritance:
Professor Almaric Rumsey (1825-1899) of King’s College, London, the author of many works on the subject of the Muslim law of inheritance and a barrister-at-law, stated that the Muslim law of inheritance, “comprises beyond question the most refined and elaborate system of rules for the devolution of property that is known to the civilized world.” (Rumsey, A. Mohummudan Law of Inheritance. (1880) Preface iii)
References of Rules of Inheritance from the Holy Quran
Basic Islamic rules of inheritance in the Holy Quran:
1. Generally both males and females inherit (if they are among legal heirs), whether inheritance is small or large in amount (Holy Quran 4 : 7)
2. Sons share is twice that as Daughters (Holy Quran 4 : 11)
3. If there are only daughters, two or more, then they share 2/3 of the total inheritance ( 4 : 11)
4. If there is only one daughter, then she gets half of the total inheritance (4 : 11)
5. Both parents get 1/6 if deceased left children (4 : 11)
6. Mother gets 1/3 if deceased has no children and no brother or no sister (4 : 11)
7. Mother gets 1/6 if deceased has no children but has brother or sister (4 : 11)
8. Inheritance shares given after giving off any debts and any bequests of the deceased (4 : 11, 12)
9. Husband gets half of what his wife leaves if she doesn’t have any children (4 : 12)
10. Husband gets 1/4 of what his wife leaves if she has children (4 : 12)
11. Wife gets 1/4 of what the husband leaves if he doesn’t have any children (4 : 12)
12. Wife gets 1/8 of what the husband leaves if he does have children (4 : 12)
13. If a man or woman leaves behind no ascendants or descendants, and they leave behind brother or sister, then he/she gets 1/6 (4 : 12)
14. If a man or woman leaves behind no ascendants or descendants, and leave behind two or more brothers or sisters, then they share 2/3 (4 : 12) (Points 13 and 14 have been interpreted as for Ikhyafi or maternal siblings and no ascendants means no male ascendants by Ulema Kiram- Kalala cases)
15. If a man or woman leaves behind no ascendants or descendants and leaves behind a sister, then she gets 1/2 of the inheritance (4 : 176)
16. If a man or woman leaves behind no ascendants and descendants and leaves behind two or more sisters, then the sisters share 1/3 of the inheritance (4: 176)
17. If a man or woman leaves behind no ascendants or descendants and leaves behind a brother he will get full residual of the inheritance (4 : 176)
18. If a man or woman leaves behind no ascendants or descendants and leaves behind brothers and sisters, then the males get twice the shares as the females (4 : 176) (Points 15-18 have been interpreted as FULL brothers and FULL sisters or paternal brothers and paternal sisters and no ascendants means no male ascendants, by Ulema Kiram)
19. These rules are an obligation imposed by Allah. He knows the wisdom behind these rules (4 : 11, 12)
20. These are the limits set by Allah and his prophet PBUH. Whoever obeys Allah and His messenger PBUH (in matters of inheritance), he will be admitted in gardens (4 : 13)
21. “It is prescribed for you, when death approaches any of you, if he leaves wealth, that he makes a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon Al-Muttaqoon (the pious)” [al-Baqarah 2:180] . This is concerning making the will according to the Shariah.
22. And whoever disobeys Allah and His Messenger (regarding matters of inheritance) and transgresses His limits – He will put him into the Fire (4 : 14)
The Shares of Zawil Furoodh (heirs whose shares are exclusively fixed in the Holy Quran) are directly or indirectly derived from these verses of the Holy Quran mentioned above. The residual/remaining will be shares of Asabah.
References from Ahadith and other References
- Hazrat Amir bin Saad (RA) narrated that that his father said “I became sick during the conquest and was at death’s door. The Holy Prophet (PBUH) came to visit me and I said that Oh Messenger of Allah (PBUH), I have a great deal of wealth & no one will inherit from me apart from my daughter, can I give two thirds in charity? He said ‘No’. I said ‘Then half?’ He said ‘No’. I said ‘One third? He said ‘One third & one third is a lot. If you leave your heirs rich that is better than leaving them destitute & begging from people. (Sunan Ibn Majah)
- Narrated Abdullah bin Umar: Allah’s Apostle said, “It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.” [Sahih al-Bukhari]
- “Verily, Allaah has given every rightful person his right, so there is no bequest for an heir.” [At-Tirmithi]
- “One who kills a man cannot inherit from him” [Tirmidhi, Ibn Majah]
- “The believer does not inherit from a kaafir (disbeliever) and the kaafir does not inherit from a believer.” (Reported by al-Bukhaari, al-Fath 4283)
- The Prophet Muhammad (PBUH) said, “Give the Faraid (the shares of the inheritance that are prescribed in the Quran) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased.” (Sahih al-Bukhari)
- Reference for ‘Awl’ process: No case of ‘awl occurred at the time of the Prophet (blessings and peace of Allah be upon him) or of Abu Bakr (may Allah be pleased with him). Rather the issue first arose at the time of ‘Umar ibn al-Khattaab (may Allah be pleased with him), and he was the first one to issue a ruling concerning it, when the case was referred to him of a husband and two sisters (either full sisters or sisters through the father). ‘Umar said: Allah has allocated half to the husband and two thirds to the sisters. If I start with the husband, the two sisters will not be able to have their full share, and if I start with the two sisters, the husband will not be able to have his full share. He consulted the Sahabah (Companions RA of the Holy Prophet PBUH) concerning that and they suggested the process of ‘awl, comparing it to the case of debts if they are greater than the estate, in which case the estate is to be divided proportionately so that the shortfall is borne by all the creditors. The Muslims adopted that from the time of ‘Umar (may Allah be pleased with him) on wards. https://islamqa.info/en/131556
- Reference for ‘Radd’ Process: (literal meaning ‘return back’)Ibn Qudaamah (may Allah have mercy on him) said in al-Mughni (6/186): To sum up, if the deceased did not leave behind any heir except those who are entitled to an allotted share, such as daughters or sisters or grandmothers, and there is some wealth left over, then what is left over from the allotted shares should be given to them (i.e. returned back or Radd) on the same basis as the allotted shares, except in the case of a husband or wife. This was narrated from ‘Umar, ‘Ali, Ibn Mas‘ood and Ibn ‘Abbaas (may Allah be pleased with them all). It was also narrated from al-Hasan, Ibn Sireen, Shurayh, ‘Ata’, Mujaahid, al-Thawri, and Abu Haneefah and his companions. Ibn Suraaqah said: Things are done on this basis now in the regions.
Examples
Now we shall discuss some cases:
- Relatives deceased left behind:
Mother, Wife, son, paternal grandson
1st find Shares of Zawil Furoodh: (Rule 1A)
Mother: 1/6 = 16.66 % (Rule 2.1)
Wife: 1/8 12.5 % (Rule 5.1)
Shares of Asabah (Residuaries/remainder): Rule 12b
Remainder = 1 – (1/6 + 1/8) = 1- (4/24 + 3/24) = 17/24
Son will get the rest means 17/24 = 70.83 %
Paternal Grandson Mahjoob (Blocked by son, Rule 15)
- Relatives deceased left behind:
Husband, 2 sons, 2 daughters
Shares: Zawil Furoodh: (Rule 1A)
Husband: ¼ = 25 % (Rule 4.1)
Shares: Asabah: Rule 12b
2 sons and 2 daughters will get the remainder (3/4)
They will share this ¾ in ratio of Son: Daughter = 2 : 1 (Rule 13)
Divide this ¾ into 6 shares, 2 shares each for the 2 sons, 1 share each for the 2 daughters
So each son gets ¾ x 2/6 = ¼ = 25 %
And each daughter gets ¾ x 1/6 = 1/8 = 12.5 %
- Relatives deceased left behind:
Mother, father, wife, daughter, paternal grandfather
Shares: Zawil Furoodh: (Rule 1A)
Mother: 1/6 = 16.66 % (Rule 2.1)
Father: 1/6 = 16.66 % (Rule 3.2)
Daughter: ½ = 50 % (Rule 1.2)
Wife: 1/8 = 12.5 % (Rule 5.1)
Paternal grandfather: Blocked by father (Rule 18)
Shares of Asabah:
Remainder = 1- (1/6 + 1/6 + ½ + 1/8) = 1/24
Father gets the Asbaha (Rule 3.2)
So father gets 1/6 + 1/24 = 5/24 = 20.83 %
- Relatives deceased left behind:
Mother, father and 3 daughters
Shares of Zawil Furoodh:
Mother: 1/6 = 16.66 %
Father: 1/6 = 16.66 %
Daughters share 2/3 = 66.66 % (Rule 1.3)
Remaining of Zawil Furoodh = 0 (Asabah = Zero)
(1/6 + 1/6 + 2/3 = 1)
- Relatives deceased left behind:
Wife and son
Share of Zawil Furoodh:
Wife: 1/8 = 12.5 % (Rule 5.1)
Share of Asabah
Son gets the remainder 7/8 = 87.5 %
- Relatives deceased left behind:
Husband, mother, father
Hazrat Umar’s special case detected (Rule 29)
Husband gets ½ = 50 %
Mother gets 1/3 = 33.33 % (Holy Quran 4: 11)
Shares of Asabah
Remaining = 1 – (1/2 + 1/3) = 1 – 5/6 = 1/6
Father gets remaining = 1/6 = 16.66 %
BUT Umar (RA) case has been detected here and Umar’s Rule will apply:
- Father cannot get less than the mother
- Parents share will have to be adjusted
- Parents will share the remainder with the 2:1 ratio for father & mother
So, in this case, instead of mother getting twice as the father (1/3 vs 1/6), it will be adjusted so that the father gets twice as the mother
So father gets 1/3 = 33 %
And the mother gets 1/6 = 16.66 %
- Relatives deceased left behind:
2 daughters only
Share: Zawil Furoodh
2 daughters 2/3 = 66.66 %
No other heir, so shares of daughters is increased proportionally (Rule 14, Doctrine of Al-Radd)
So now each daughter gets ½ each: ½ + ½ = 1
- Relatives deceased left behind:
1 daughter, 2 full sisters
Share: Zawil Furoodh
1 Daughter: ½ = 50 % (Rule 1.2)
Share Asabah:
2 full sisters will get remaining half
So each sister will get ¼ = 25 % each
- Relatives deceased left behind:
Daughter, paternal granddaughter of a son who had died, 2 full sisters
Share: Zawil Furoodh
1 Daughter: ½ = 50 %
Paternal Granddaughter of a son who had died: 1/6 = 16.66 % (Rule 6.1)
Share: Asabah
2 full sisters will get remaining : 1/3 [1 – (½-1/6) ]= 1/3
So both sisters get 1/6 = 16.66 % each
- Relatives deceased left behind:
1 father, 1 full brother
Share: Zawil Furoodh
Father: 1/6
Share Asabah:
Full brother gets blocked by father (Rule 18)
So father gets all (100%)
- Relatives deceased left behind:
Wife, mother, 2 daughters, full paternal uncle
Shares Zawil Furoodh:
Mother: 1/6 = 16.66 %
Wife: 1/8 = 33.33 %
Daughters: 2/3 = 66.66 %
Shares: Asabah
Paternal Uncle will get remainder
Remainder = 1/24 = 4.16 %
- Relatives deceased left behind:
Husband, 1 full sister, 1 full brother
Kalala case
Shares: Zawil Furoodh:
Husband: ½ = 50 %
Share Asabah:
Full brother and full sister will share the remaining ½ in ratio 2 : 1 (Rule 10.3)
Divide remainder into 3 shares; 2 for the brother and 1 for the sister
So brother ½ x 2/3 = 1/3 = 33.33 %
And sister gets ½ x 1/3 = 1/6 = 16.66 %
- Relatives deceased left behind:
Father, mother, 1 full sister
Share Zawil Furoodh
Mother: 1/3 = 33.33 %
(mother gets 1/3 as there are no children and only one sibing)
Father: 1/6 = 16.66 %
Share Asabah:
Father blocks share of full sister (Rule 18)
Father gets what is left of Zawil Furoodh (Rule 3.3)
Remainder is 1 – (1/3 + 1/6) = 1/2
So father gets 1/6 + 1/2 = 4/6 = 2/3 = 66.66 %
- Relatives deceased left behind:
Husband, paternal granddaughter, full male cousin (father’s full brother’s son)
Kalala case
Share Zawil Furoodh:
Husband: ¼ = 25 %
Paternal Granddaughter: ½ = 50 % (Rule 6.2)
Share Asabah
Full Cousin will inherit in order of priority (Rule 12b)
Remaining = 1- (1/2 + ¼) = ¼
So full cousin gets ¼ = 25 %
- Relatives deceased left behind:
Husband, paternal granddaughter, full female cousin (father’s full brother’s daughter)
Share Zawil Furoodh:
Husband: ¼ = 25 %
Paternal Granddaughter: ½ = 50 % (Rule 6.2)
Share Asabah
Full female cousin does not inherit; female paternal relatives not included in list of priorities of Asabah (Rule 12b)
Granddaughter will get what remains of Zawil Furoodh through Radd rule
So granddaughter will get total of ¾ = 75 %
- Relatives deceased left behind:
Mother, maternal brother, paternal brother
Share Zawil Furoodh:
Mother: 1/6 = 16.66 %
Maternal brother: 1/6 = 16.66 % (Rule 11.1)
Share Asabah
Paternal brother will inherit rest in order of priority (Rule 12b)
Remaining = 1 – (1/6 + 1/6) = 4/6
So paternal brother gets 4/6 = 66.66 %
- Relatives deceased left behind:
Mother, paternal brother, paternal sister
Share Zawil Furoodh:
Mother: 1/6 = 16.66 %
Paternal brother & paternal sister will inherit rest in ratio 2:1 (Rule: 12.3)
Divide remaining 5/6 into 3 shares, 2 for the paternal brother and one for the paternal sister
So paternal brother gets 5//6 x 2/3 = 5/9 = 55.56 %
And paternal sister gets 5//6 x 1/3 = 5/18 = 27.78 %
- Relatives deceased left behind:
Wife, Paternal grandfather, paternal grandmother, Maternal Grandmother, Maternal grandfather
Share Zawil Furoodh:
Wife: ¼
Paternal grandfather: 1/6 (Rule 7.1)
Maternal grandmother: 1/12 (Rule 9.1)
Paternal grandmother: 1/12 (Rule 8.1)
Shares Asabah
Maternal grandfather: not eligible for inheritance
Paternal Grandfather will get what remains of Zawil Furoodh (7.2)
Total Shares: 12
Wife: ¼ x 13 = 3/12
Paternal grandmother: 1/12
Maternal grandmother: 1/12
Paternal grandfather: 1/6 plus what remains of Zawil Furoodh (6/12) = 7/12
- Relatives deceased left behind:
Father, Mother, Wife, 3 daughters
First Find Share of Zawil Furoodh:
Wife: 1/8
3 Daughters: 2/3 (Rule 1.3)
Mother: 1/6
Father: 1/6
Problem: Shares have exceeded unity:
(1/8 + 1/6 + 2/3 + 1/6 > 1.0)
The normal shares of each heir will decrease due to this increase above unity
(Rule Al-Awal)
Calculation for Adjustment for Awal
- Make all fractions with same denominator
- Add all the numerators
- Now take the sum of the numerators as denominator
- Numerators will remain the same with a different denominator as derived above
- This ensures that each fraction is reduced proportionately
Common denominator in this case is 24
Father: 4/24
Mother: 4/24
3 Daughters: 16/24
Wife: 3/24
Total of numerators = 4 + 4 + 16 + 3 = 27
So now denominator will be 27, numerators will remain the same
Father: 4/27
Mother: 4/27
3 Daughters: 16/27
Wife: 3/27
To find each daughters share individually, total shares will be 81:
Father 12/81 = 14.81 %
Mother: 12/81 = 14.81 %
Wife: 9/81 = 11.11 %
Each Daughter: 16/81 = 19.75 %
This is the Final Answer
- Relatives Left Behind:
1 Wife, Mother, 2 Daughters
Shares of Zawil Furoodh:
Wife 1/8
Mother 1/6
2 or more daughters : 2/3
But there are still some shares left to be distributed
(1/8 + 1/6 + 2/3 < 1)
So now apply rule of Radd:
“Shares should now be increased proportionally among all heirs except the spouse”
Calculation for Adjustment for Radd (With Spouse)
- Make all fractions with same (common) denominator
- Write down the maximum value of fraction with this common denominator
- A = Calculate the remaining shares after taking out spouses’ share
- B = Apply Awal to all relatives except the spouse and calculate shares fraction for each
3. Multiply A & B to give all relatives (except the spouse because his/her share is fixed) the increased share fraction
- In this case common denominator is 24
- Maximum value fraction = 24/24
- Remaining shares = 21/24 (Take out wife’s share). A= 21/24
- Apply Awal calculation:
- Add numerators : 4 + 16 = 20
- Now take the sum of the numerators as denominator :
- B = For Mother 4/20, For 2 Daughters 16/20
3. Multiply A x B
- For Mother 21/24 x 4/20 = 7/40
- For 2 Daughters 21/24 x 16/20 = 28/40
So final shares and percentages of total inheritance:
Wife : 1/8 = 12.5 %
Mother 7/40 = 17.5 %
2 Daughters : 28/40 = 70 % , Each daughter gets 35 %
(Now total is 100 % , 12.5 + 17.5 + 70 = 100)
Conclusion
I think these 20 examples are enough for understanding the basic laws of inheritance. If still one has any queries, one may ask.
And Allah knows best
Frequently Asked Questions
- What is the formula for adjustment for Al-Radd & Al-Awal?
Answer:
Calculation for Adjustment for Radd (If No Spouse)
- Make all fractions with same denominator
- Add all the numerators
- Now take the sum of the numerators as denominator
- Numerators will remain the same with a different denominator as derived above
- This ensures that each fraction is increased proportionately
Calculation for Adjustment for Radd (With Spouse)-More Complex
- Make all fractions with same common denominator
- Write down the maximum value fraction with this common denominator
- A = Calculate the remaining shares after taking out spouses’ share
- B = Apply Awal (see below) to all relatives except the spouse and calculate shares fraction for each
- Multiply A & B to give all relatives (except the spouse because his/her share is fixed) the increased share fraction
Calculation for Adjustment for Awal
- Make all fractions with same denominator
- Add all the numerators
- Now take the sum of the numerators as denominator
- Numerators will remain the same with a different denominator as derived above
- This ensures that each fraction is reduced proportionately
Example of Awal:
Given in example 2 above.
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Assalamalaikum sir ,
After the death of father and mother son died , can the wife of son who is daughter in law can be legal heir of her father in law and mother in law
Wa alaikum salam wa rahmat ullah
Answer
No. She can’t.
Because a daughter in law is not among the Zawil Furoodh (heirs whose shares are prescribed in the Holy Quran) of the father in law or the mother in law
And because a daughter in law is not among the Asabaat (residual heirs after giving shares to Zawil Furoodh)
However, if the inheritance of the father and mother were not distributed and their son didn’t get his share of inheritance before he died, then the wife should be given the son’s share if he also dies afterwards
Assalam Alaikum,
My father expired last month,
I have 2 maternal sisters from my mother’s first marriage,
I am my father’s son, I am married and I have a daughter, I don’t have any siblings.
Please let me know the share ratio in which the property should be divided
Additional details – As per my mother she had some property from her first husband which she gave to my father at the time of marriage.
I also have ancestors property at my native place which includes a empty plot.
Awaiting your reply, please help.
Wa alaikum salam. Inna lillahi wa inna ilahi rajiun. May Allah forgive his sins and grant him Jannat ul Firdaus. Ameen.
Coming to your query, if ur father also has no siblings who are alive, then you inherit 100%, because step daughters (your step sisters from mothers side) do not inherit.
so, whats her fate?
Concerning the material/property given to your father by your mother, that becomes property of your father. However it would be good of you to give some of that to your step sisters. You have not elaborated on the ancestral property. A question i would like to ask you : were your step sisters given their share of inheritance after your mother’s death?
If your mother is alive then she gets 1/8 of total inheritance and you get 7/8 after any wills etc
Assalam Alaikum, thank your Sir for your quick response, I appreciate that and i am sorry for coming with a new set of questions.
By god’s grace my mother is still alive. My father did not had any will. My father had 2 brothers and 2 sisters (My Paternal uncles and aunts are no more, but my Paternal uncles have one Son each)
Elaborating the ancestral property, We have our ancestors house at our native place and a piece of land (My both paternal uncles son’s have sold their share and only my share of land is remaining)
I am ready to give some portion to my sisters and also told my mother that she can give her share to both the sisters i won’t claim anything, but they are very adamant on claiming the 25% share of the total property and even my mother is supporting my sisters. My mother claims that she sold her first husbands property and gave that money to my father from which he has created his wealth.
Additional details – Masha Allah we have 3 house out of which 2 are on my mother’s name and one was on my father’s (I am the nominee for the same).
Wa-alaikum Salam
No problem my brother
Some more principles
It is very important in Islam to know who owns what, i.e. who is the legal owner of things, minor and especially major items e.g. house, property, jewelry etc.
This legal ownership also has to be clearly defined i.e. whether wife or husband or son or daughter etc owns those particular items
Now once your mother sold her first husband’s property and gave money earned from it to your father,
a) Did she give the money as a loan? And/or
b) Did she give it as investment clearly mentioning that she would get some shares in the profits? And/or
c) Did she give it simply to help her 2nd husband (your father’s) business? Means it was a mutual cooperation between husband and wife. If no conditions were laid down while giving the money, then your father became sole owner of that money
The fact that your father made a profit from the money given to him is due to his own effort (it could have gone into a loss).
But still I have mentioned before, you should give some money to your sisters on ethical/moral grounds, not on legal grounds. Legally it cannot exceed 1/3. Perhaps your mother was unaware of the laws of inheritance when she gave the money to your father, thus depriving her daughters of some share of inheritance. Still the mother is getting 1/8 of the total inheritance which will be given to her daughters if she dies before them.
Since you have stated that you are ready to give some to your sisters then do so. The quarrel is on the ‘some’. I have explained the legal position. You should answer these 3 queries above.
Paternal nephews of your father do NOT inherit because the son (you) blocks them from inheriting.
Concerning ancestral land, what do you mean by my share? Is it your father’s share or only exclusively your share alone? If it is yours legally then no issue. If it is your father’s it will be distributed between you and your mother as described above (7/8, 1/8)
Good Afternoon brother, I really appreciate the time you are giving to solve my issue.
My father when he was alive always told me that he doesn’t owes anything to anyone, even we had a family meeting where he mentioned in front of everyone that now whatever is left is Mine,
But now my Mother is asking her share which she gave to my father, as per your explanation I can assume that my mother will agree on the (b) option.
Now what I want is to clear is that how do i approach them for a settlement, because i dont want the same scenario to repeat when my mother leaves us.
Is there a legal way out ? Or do i need to take my family to a Muslim Scholar (Maulana) take his opinion for share ration in front of family then go to a lawyer ?
Additional details – The plot at my native place is on my father’s name.
pls kindly respond on my email address for further discussion: mnauman2002saj@yahoo.com
Assalamu Alaikum, Dear brother, would you please give the solution of a man died leaving his mother and cousin of grand father only, what will be the share of his left properties.
Wa alaikum salam. Kindly describe the cousin in more detail
Sir,
I read your post and really appreciate the work done and its simply marvelous to understand the laws of inheritance . However, i am a non muslim has the following doubt.
In the line of inheritance, whether the great grand daughters -4th line , when there are 1st , 2nd and 3rd line relatives are available, can be competent sharers for the estate of deceased. great grand father , under Indian mohemmedan Law.
Salam. Thank you very much for the compliment. Can you explain your question again? Do you mean to say that can the great grandchildren inherit in the presence of children and grandchildren?
S sir. When the grandsons are available, whether the great grand daughters can compete claim in respect of great grand fathers property ?
No grandchildren do not inherit in presence of children if grandfather has sons and daughters. They can inherit : 1.If the grandfather does not have any other son but he has daughters, then the grandchildren inherit whatever is left after the daughters have been given their inheritance. 2. They can inherit if grandfather does not have any sons and any daughters 3. The Grandfather left for them some share in a will (1/3 or less as described above)
Great Sir. Thanks for your valuable information.
Assalamu alaikum,
Jazakallah khair for this very clear and informative post about inheritance. It is really clear and the best explanation I have found. I would also like to write my will but am a bit stuck.
I have a mother and a full brother. My mother is christian and more understanding towards Islam and my brother is christian but not really a believer. Do any of them inherit from me if they are non-muslim?
As I have no other muslim inheritors, can I bequest my inheritance to them?
As I live in a non-muslim and very kafir state, surely the state should not take the whole what I leave behind?
What would be the correct distribution of inheritance in this case?
Thanks!
Assalamu alaikum wa rahmatullahi wa barakatuhu!
The deceased was unmarried. Hehas left behind him his 3 brothers and 3 sisters. His parents died before him. How his property should be divided according to the Islamic Jurisprudence. Kindly advise. Barakallahu feek
Assalamu alaikum wa rahmatullahi wa barakatuhu!
The deceased was unmarried. Hehas left behind him his 3 brothers and 3 sisters. His parents died before him. How his property should be divided according to the Islamic Jurisprudence. Kindly advise. Barakallahu feek
Wa alaikum salam. Pls see rule 10.3 above (in table form). This is Kalala case. So brothers will get twice share of sisters. Brothers will get 2/9 each and sisters will get 1/9 each.
If a woman dies leaving behind only children (4 sons and 3 sisters, no husband, no parents and no siblings), is this womans property divided amongst the children the same as if a man had died leaving behind only children (i.e son:daughter ratio 2:1)? Or is this ratio changed when a mother dies versus when a father dies?
Aoa. Ratio between brothers and sisters (2: 1) remains the same. However overall shares will be different when a mother dies versus when a father dies. (wife gets 1/8 if husband dies with them having children; husband gets 1/4 if wife dies with them having children; in first case children will get more amount of total shares)
Walaikumasalam wa rahmatulahi wa barakatuhu. JazakALLAH for the time and effort you put into answering every individuals answers with patience.
Wa iyyakum. Most welcome.
Thanks, you tried your best to explain the inheritance, but it looks too complicated to me. The reason can either be my IQ or little knowledge of religion. It would be nice if you tell me one by one starting from a simple case e.g
Case 1: I have one wife, two daughters and one son ( all from my same wife and me). I have 100 dollars, so how you would calculate the shares
Case 2: I have one wife, two daughters and two sons ( all from my same wife and me). I have 100 dollars
Can you please me that how you would decide that how many shares are there in 100 dollars (%)
Thanks Jazak Allah for the read:
Answers:
Case 1
1st find Shares of Zawil Furoodh: (Rule 1A)
Wife: 1/8 (Rule 5.1)
Share Asabah: (Residual)
Son and daughters will share the remaining in ratio 2 : 1 (Rule 10.3)
So wife gets 1/8 x 100 = 12.5 dollars
Remaining is 100 – 12.5 = 87.5
Son and daughters will share these 87.5 dollars
Divide 87.5 into shares as follows:
Son gets 43.75 dollars, 2 daughters get half of 43.75 dollars which is about 21.875 each
Case 2
1st find Shares of Zawil Furoodh: (Rule 1A)
Wife: 1/8 (Rule 5.1)
Share Asabah: (Residual)
Son and daughters will share the remaining in ratio 2 : 1 (Rule 10.3)
So wife gets 1/8 x 100 = 12.5 dollars
Remaining is 100 – 12.5 = 87.5
Sons and daughters will share these 87.5 dollars
Divide 87.5 into shares as follows
Each son gets about 29. 16 dollars.
Each daughter gets half of 29.16. i.e. about 14.58 dollars each
if a female deceased left behind three brothers and brothers also died leaving behind 2 son and 2 daughters please tell me the daughters will share or not from their aunt’s property
Salam. Please tell if the deceased female has left parents, children and/or husband behind?
deceased left behind no children no parents and no husband
only her brothers children left in which 2 son and 2 daughters my question is whether the daughter of brother will get from inheritance or no
Nieces do not inherit in presence of nephews. So daughters of brothers (nieces) will not inherit, only sons of brothers (nephews) will inherit. If there are only nieces and no nephews, then they will inherit.
Assalam’o’Alikum,
Case: If Deceased has one wife, No son, 5 Daughters, 2 Full brothers, 2 Full sisters and 8 Grandsons and 4 Granddaughters with no grand children. How would that be calculated?
What will be the ratio or percentage of division?
Please Explain in easy way assuming the deceased has 100 Dollars.
Jaza’akAllah.
Typing mistake (with no great grand children)
Wa alaikum salam
Answer:
Relatives left behind:
1 Wife, 5 daughters, 8 grandsons, 4 granddaughters, 2 full brothers, 2 full sisters
Shares of Zawil Furoodh:
Wife gets 1/8 (Rule 5.1 above) = 1/8 x 100 = 12.5 dollars
Daughters get 2/3 inheritance (Rule 1.3 above) = 2/3 x 100 = 66.66 dollars
(Each daughter gets 66.66/5 = 13.33 dollars
Shares of Asabah (Residual/Remaining):
Granddaughters and Grandsons from daughters do not inherit.
Asabah (Residual)
1 – (1/8 + 2/3) = 1- 19/25 = 5/24
So full brothers and sisters get joint Ta’seeb of remaining inheritance in ratio of 2: 1
So brothers get 5/72 (6.94 %) each and sisters get 5/144 (3.47 %) each
Sorry for earlier mistake
Assalamualeykum.
Questions?
1. why legal heir is not allowed to take Wasiyya in sharia law?
2. What type of will is there under sharia law, oral or written?
3. Is there a possibility where deceased property goes to state, when no one comes/exists to succeed?
4. Is there renunciation of succession under sharia law?
Assalam’o’Alikum
Case: If 1 of the son dies before father then what would be the ratio of share for the children of deceased son?
Note: If father also dies before manually allotting shares of his inheritance?.
Heirs Left behind: 1 wife, 2 sons, 3 daughters, children of deceased son. (total sons:3).
Please explain ratio of shares for this situation?
Answer:
Relatives left behind:
1 Wife, 2 sons, 3 daughters, grandchildren from a 3rd Son
Shares of Zawil Furoodh:
Wife gets 1/8 = 12.5
Shares of Asabah:
Sons will block grandsons from inheriting
(Grandsons will receive share of inheritance from their father, the 3rd son of their grandfather)
Sons and daughters will share the remaining inheritance in ratio of 2 : 1
Divide remaining inheritance into 7 shares: 2 shares each for the 2 sons, 1 share each for the 3 daughters
Each son will get 2/7 x 7/8 = ¼
Each daughter will 1/7 x 7/8 = 1/8
Islamic Inheritance Calculator http://www.waqaslaw.com
Assalamualikum. I need ur help. My father passed away may the Almighty grant him jannatul firdaus ameen. He left behind his wife, 3 sons and 1 daughter. How to calculate please help.
Wa alaikum salam
Answer
Relatives left behind:
1 wife, 3 sons and a daughter
Shares of Zawil Furoodh:
Wife gets 1/8 = 12.5 %
Shares of Asabah:
Remaining goes to sons and the daughter in ratio of 3 : 1
So divide remaining inheritance into 7 shares, 2 each for the 3 sons and 1 share for the daughter
Remaining inheritance = 1- 1/8 = 7/8
So each son gets 7/8 x 2/7 = ¼ = 25 %
The daughter gets 7/8 x 1/7 = 1/8 = 12.5 %
Jazakallah thanks appreciate it.
Asalamualykum sir my father and mother are alive and we are only 3 daughters of them and no brother so will their property will be distrubted among me and my sisters after my parents death because my father says since he has no son all his wealth and property will go to hia brother and sisters and my mom was a school.teacher and she supported my dad financially from the house they bought also with gold and investment
Sir please do reply so as to how the wealth will be diatributed after their death and also if my mother wants to make a will how that should happen since my father is not ready to give daughters their share saying that after getting daughtersmarried there is no share for them since we dont have a brother
father died leaving wife, one son and five daughters with money owned on the house the son pays the house off. wife and son lived in house when the house is sold what price should be considered to be distributed the current price or the price when the father passed away
salaam.brother died property on his name.he paid for property.we are 5 brothers.3 sisters and mother.
Did your brother have a family (meaning wife and or children)? What is your question?
Assalaamu calaykum.
Inna Lillaahi wa Inna Ilayhi Raajioon.
My brother recently passed away. Parents are also dead. Brother did not have children( Kalaala). Iam only uterine brother and I have 3 uterine sisters. How property left behind by the diceased be inherited?
Shukran and Jazaaka Allah
wa alaikum salam wrb. Your question is NOT clear. Which relatives has your brother left behind? i understand he leaves behind 3 full sisters and 1 uterine brother, which is you. Is this correct?
The brother and the 3 sisters are full ( same father and same mother). The deceased did not leave behind a wife and had no children. Our parents are also dead. May Allah reward them Jannah and forgiveness, Amin ya Allah.
Thanks again and Jazaka Allah for the good work.
May Allah forgive his sins and grant him Jannat ul Firdaus (Ameen)
This is how his inheritance will be divided:
Shares of Zawil Furoodh:
Full sisters will get 2/3 = 66.66
Maternal (uterine) brother gets 1/6 = 16.66
BUT, there is still some share remaining ( 1- (2/3 + 1/6) = 1- 5/6 = 1/6
So rule of ‘Radd’ will be applied (i.e. returned to the heirs whose share is proportionately increased)
So after applying adjustment for Radd, finally
Sisters get 4/5 = 80 % of the inheritance
(Each sister will get 4/15 = 26. 66 %)
You as maternal brother will get 1/5 = 20 % of the inheritance
Wa iyyakum. Most welcome.
Thanks and may Allah bless you all.
________________________________
Dear Sir
Please can you help.
My Mother passed away, my Father passed many years ago, we are four sisters, no brothers. My Mother left us, in her Will, a piece of land in Bangladesh. Now my two male cousins on my Mothers side are saying they are entitled to a share. My Mother has two sisters also, (my Aunties), Please can you advise how this should be divided. I appreciate any help you can give. Thank you.
Assalam Alaikum
From what I understand, you are asking how your mother’s (may Allah forgive her and grant her Jannah. Ameen) inheritance will be divided.
Shares of Zawil Furoodh:
Daughters 2/3 = 66.66
Each daughter (meaning each of you) will get 66.66/ 4 = 16.66 %
Shares of Asabah (remainder)
Full sister blocks cousin from male side (and cousin from mother’s side don’t inherit anyways)
So remainder of inheritance goes to mother’s 2 sisters (your aunties)
Remaining = 1- 2/3 = 1/3 = 33.33 %
So each sister gets 33.33/2 = 16.66 %
Dear sir/ Mam.
Kindly let me know My father left 12 hectors of land as his only property on his name, now he left behind 4 sons, 3 daughters,one wife and on sister. what will be the share of deceased’s sister, wife, daughters and sons? please tell me im very much confused.
Answer
Relatives left behind:
1 wife, 4 sons, 3 daughters and 1 sister
Shares of Zawil Furoodh:
Wife in presence of children gets 1/8 = 12.5 %
Shares of Asabah:
Son blocks sister from inheritance
Remaining 7/8 to be shared by sons and daughters in 2 : 1 ratio
So Divide 7/8 into 11 shares, 2 shares each for the 4 sons and 1 share each for the 3 daughters
So each son gets 7/8 × 2/11 = 7/44 = 15.91 %
And each daughter get 7/8 × 1/11 = 7/88 = 7.95 %
Thank you Sir, for your kind advise, that is very reassuring, I will inform my sisters’.
Thank you so much.
N H
Dear sir/ Mam.
Kindly let me know My father left 12 hectors of land as his only property on his name, now he left behind 4 sons, 3 daughters,one wife and on sister. what will be the share of deceased’s sister, wife, daughters and sons? please tell me im very much confused.
My father has passed away. He had two wives. The first one passed away a long time ago and had 6 children, 5 boys and 1 girl. The second wife is still alive and has one daughter.
Can you let me know how the inheritance ratio is calculated for the children and wife?
Also, if the surviving wife leaves her assets to her only daugter when she dies, it means that this daughter will eventually inherit more than the daughter of the first wife, is this correct?
Thanks
Answer:
Inna lillahi wa inna ilahi rajiun. May Allah forgive his sins and grant him Jannah. Ameen.
Relatives left behind:
1 wife, 5 sons and 2 daughters
Shares of Zawil Furoodh:
Wife gets 1/8 in presence of children = 12.5 %
Shares of Asabah:
The children get the remaining 7/8 with sons getting twice as daughters
Divide this 7/8 into 12 shares, 2 shares each for the 5 sons and 1 share each for the two daughters
So each son gets 7/8 x 2/12 = 7/48 = 14.56 %
And each daughter gets 7/8 x 1/12 = 7/96 = 7.28 %
As for the second part of your question, first of all if the surviving wife has other legal heirs e.g. parents or siblings they will also inherit. Secondly the daughter of the first wife should have also inherited from her mother (the first wife) after she died; so its uncertain from the information given, whether they will eventually inherit equally or more than the other.
Assalamu Alaikum
Can you advise me about the inheritance of Non Muslim Father and Muslim Son
muslim son can accept his fathers inheritance ? please advice with sharia
Regards
Latheef B Ali
Sir,
Please let me know the shares when,
The deceased had no son, no full brothers & sisters and left behind:
1 wife, 6 daughters, 2 maternal (uterine) brothers, 1 maternal (uterine) sister and 2 paternal brothers.
Regards
Answer:
Relatives left behind:
1 wife, 6 daughters, 3 maternal siblings (2 maternal brothers and 1 maternal sister) and 2 paternal brothers
Shares of Zawil Furoodh:
Wife (in presence of children) gets 1/8 = 12.5 %
Daughters (if more than one with no son) get 2/3 = 66.66 %
Each daughter will get 2/3 x 1/6 = 1/9 = 11.11 %
Maternal siblings blocked by children (by both sons AND daughters)
So they become mahjoob
Shares of Asabah:
Remaining = 1- (1/8 + 2/3) = 5/24 = 20.84 %
The 2 paternal brothers will get this remaining 5/24
And so each paternal brother will get 5/24 x ½ = 5/48 = 10.42 %
I have a question . I have a uncle my mom step younger brother they lost their father since 2004 . Their father is a billionaire he left alot of wealth but uptil now the didn’t share what the he’s just using it alone and their left five wives and 16 children . So I need your advice what I can going to tell him and advice because there’s a saying that says the should share all what the deceased left to the inheritance and now 2 of the wives and 3 children are gone.
Assalam alaikum. How many wives and children were alive at the time of the deceased (father’s) death? How can he leave 5 wives behind? Islam only allows 4 wives at one time.
Sorry I mean he left four wives and 16 children
Shares of Zawil Furoodh:
Wife in presence of children gets 1/8 (to be shared equally by the 4 wives)
(each wife will get 1/8 x 1/4 = 1/32)
Remaining 7/8 will be shared by the 16 children with sons getting twice as the daughters (2 : 1 ratio)
person died singl no wife no children
2 sisters died already but their children exist male female
2 brother alive and thier children as well exist
no parents alive
A father who is the only child passed away at an old age and leave behind 3 adult sons and 1 adult daughter and 3 step daughters older than his children. The oldest son might either be the stepdaughters youngest brother then again might be the biological brother of the father’s children.
Question : if the marriage is out of wedlock, can the oldest son, if he is the biological son inherit his share?
If yes what proportion does the oldest son get. Do all his step daughters get a share of his inheritance?
Assalam alaikum
please kindly rephrase your question
It is NOT clear
A childless widow has no parents/ascendants, she has 1 brother and 2 sisters. how will her property be divided after her death.
Assalam alaikum
This is a simple case of Kalala (Holy Quran : 4 : 176)
Shares of Zawil Furoodh:
None
Shares of Asabah:
All The inheritance will go to the brother and two sisters in a 2 : 1 ratio
Divide the inheritance into four shares, two shares for the brother and one share each for the two sisters
So the brother gets :
2/4 = 50 %
And each sister gets:
1/4 = 25 %
Assalamu Alaikum
We are 2 brother and 4 sister, total 6. All are married. Our parents are Alhamdulillah alive. They want to distribute their land (which is 10 decimal) to all of the children. Could you please tell me for each brother and each sister how many percent of this property will get.
Our 4 sister would like to take equivalent price instead of get land from two brother.
Kindly help us to get all the information.
Best Regards
Wa alaikum salam wa rahmat ullah wa barakaatuhu
Answer
As mentioned many times, division of one’s property during one’s lifetime is NOT inheritance
That is considered as gift
Many parents, especially fathers, gift their children a certain percentage of their wealth during their life.
And that is certainly allowed
However Ulema Kiraam and scholars mostly agree that these gifts should be given equally to sons and daughters, in a 1 : 1 ratio, when given during lifetime. However if one or more of the childrens’ financial conditions are not good, they may be given more, if all the others kindly agree
And Allah Almighty Knows best
Assalamu Alaikum
I would like to know about inheritance property law. ”if the owner of the property dies without marriage and also his/her brothers, sisters even parents also died before his/her death (owner of the property die in the last one). But the owner of the property has niece and nephew (Children from brothers and sisters) then how the property will be distributed between the niece and nephew?
Note: Inheritance according to Islamic sharia law:
Nephews and Nieces are ONLY entitled in the absence of Brothers and Sisters.
This means that they take the shares of the Brothers/Sisters of the deceased in their
absence. Hence a Nepew/Niece will receive what his/her parent (Brother/Sister of the
deceased) would have received if he/she was alive.
Thank you very much.
Kind regards
Wa alaikum salam
This is a Kalala case (Holy Quran 4 : 176)
The inheritance will go to the collaterals (brothers or sisters or the NEAREST MALE relative)
Sahih Bukhari Hadees # 6732
Narrated Hazrat Ibn `Abbas RA:
The Prophet PBUH said, “Give the Fara’id (the shares of the inheritance that are prescribed in the Qur’an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased”
Sahih Hadees
So in this case, with no ascendants and descendants, especially male, and with no siblings,
Then come the nephews or nephews male children
NOT nieces because according to the Hadith only close MALE relatives are considered after siblings
Then in absence of nephews or their offsprings, come paternal uncles (not maternal uncles)
Then in absence of paternal uncles, come male cousins (sons of paternal uncles)
This is the correct sequence. Better explained with more examples.
Salamu alaikum, a husband leaving two wives with eight children. First wife has seven children, five male and two female. While the second wife has one son (male).The deceased husband is left with three houses and four large farms. Debts has been paid. In the two houses the first wife is living with her 7 children while the second wife is living with her 1 child in his second house before he died. Both houses are separate and have different compound. The third house is in his hometown which he made provision for both wives in the same compound. They do not live there but when they travel to the home town while he is alive they spend some days only. how do you share?
Wa alaikum salam wa rahmat ullah wa barakaatuhu
*Answer*
Deceased left behind:
Two wives, 6 sons and two daughters
*First find out their shares*
*Shares of Zawil Furoodh*
Wife in the presence of children gets :
1/8
So two wives will share this 1/8 equally and so each will get :
1/8 ÷ 2 = 1/16 = 6.25 %
*Shares of Asabah*
The remaining will go to the Asabah which in this case are the sons and daughters in a 2 : 1 ratio
Remaining = 1 – 1/8 = 7/8
Divide this 7/8 into 14 shares, two each for the 6 sons and one each for the two daughters
So each son will get:
7/8 x 2/14 = 1/8 = 12.5 %
And each daughter will get:
7/8 x 1/14 = 1/16 = 6.25 %
*Shares of Property*
This can be done by selling all the properties etc and dividing the cash obtained from the sales among the heirs as per percentages above
Or by some other form of suitable division that fulfills the shares of inheritance as above is *division with mutual consent* i.e. with consensus of all the heirs
(Details depend on size, capacities, location, facilities, price of the houses etc)
If they come towards some agreement among themselves that is okay
Otherwise case may have to be referred to Shariah courts
That is *imposed division*
Assalamualaikum,
JazakAllahu khair for your efforts and this very informative site!
I was wondering about the interpretation of “closest male relative of the deceased” in the hadees:
Sahih Bukhari Hadees # 6732
Narrated Hazrat Ibn `Abbas RA:
The Prophet PBUH said, “Give the Fara’id (the shares of the inheritance that are prescribed in the Qur’an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased”
Sahih Hadees
I do not have brothers, a husband or children. My father has one brother with 2 sons and I have a sister with 2 sons. In the event that my father and Uncle pass away would not my mahram male blood relatives (nephews) be closer to me than my non-mahram male blood relatives (cousins)? Is there any difference in opinion regarding who the term “closest” male relative refers to?
Wa alaikum salam wa rahmat ullah wa barakaatuhu
*Answer*
Wa iyyakum ahsan aljaza
Very good question
Inheritance and being a mahram or non – mahram arr different issues
There is no relation between the two
*Closest male here means closest male of the males, not closest male to the females*
And the fuqaha and ulema have given the sequence of the closest male relatives among the collaterals in Kalala cases
*So after the siblings, in which both males and female siblings may inherit, after this only the closest males of the male relatives may inherit*
The simplest sequence is as follows
*Kalala Case* (no male ascendants and no male descendants)
1. Uterine siblings (become among Zawil Furoodh)
2. Full siblings,
3. If none, agnate or paternal siblings
4. Then Full *brother’s* son
5. Then paternal *brother’s* son(s)
6. Then full *brother’s son’s* son
7. Then paternal *brother’s son’s* son
8. Then full brother of *father* (full paternal uncle)
And so on as given in inheritance blogs…
*One can see above that it is always the closest male of a male relative (boldened or in asterisk)*
So even a sister’s son is NOT among the Asabah, because the sister is a female relative
And inheritance is carried on through male heirs after the siblings
Hope that answers your question
Salam,
Thank you for this site its very helpful. I have a question.
If a deceased women has half sisters from her father only. Her 3 full brothers have passed away but they have 3 sons (Her full nephews). Do the nephew’s inherent or the half sisters? or both (percentage)?
Wa alaikum salam wa rahmat ullah wa barakaatuhu
Another great question
*Answer*
Allah Almighty says in the Holy Quran :
Surat No 4 : سورة النساء – Ayat No 176 :
“They request from you a [legal] ruling. Say, ” Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs].”
If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child.
But *if there are two sisters [or more], they will have two-thirds of what he left*
If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.”
As mentioned several times this verse pertains to full siblings OR if no full siblings, then paternal siblings
*Shares of Zawil Furoodh*
Paternal sisters if two or more get
2/3 = 66.66 % (4 :176)
The paternal sisters will share this 2/3 among themselves
*Shares of Asabah*
The remaining will go to the closest male which in this are the sons of the brothers (nephews)
Remaining = 1 – 2/3 = 1/3
So each of the three nephews will get:
1/3 ÷ 3 = 1/9 = 11.11 %
Assalamualaikum,
I have a question related to property of my grand mother. The property still in her name.
she has 5 sons and 1 daughter. 2 sons and one daughter were unmarried and died after her. 2 more sons ( my uncle) are alive while my father (5th son) has passed away recently. My father has two wives and children from both. Kindly provide the way this property will be distributed. from the literature i have some sort of understanding that my uncle being the primary inheritor will block the share of grandson(me and my brother and sisters). Will this be true or not? Kindly elaborate. JazakaAllah
Wa alaikum salam
Deceased : Grandmother
Potential heirs:
Two sons and grandchildren
*Answer*
*Shares of Zawil Furoodh*
None
*Shares of Asabah*
Even one son blocks (make mahjoob) all grandchildren and all collateral heirs
This ruling follows the basic principle mentioned in the Hadith many times that the inheritance will go to the closest male after giving to Zawil Furoodh
Hence grandchildren will get nothing unless they had been a bequest…..
So the two sons will get all the inheritance and so each will get 50 %
Assalamualaikum. I have a question: Do nephews (your brother’s sons) inherit if your spouse and children (daughters are alive)? What about if the nephew’s father (the brother of the deceased) is alive/deceased?
Wa alaikum salam wa rahmat ullah wa barakaatuhu
Answer
Yes they may inherit as Asabah
In your case
Shares of Zawil Furoodh
Husband or wife will get 1/4 or 1/8 respectively in the presence of children
Daughters when two or more with no son get:
2/3
Shares of Asabah
The nephews (brother’s sons) since they are the closest males in this case will get the Asabah (residual inheritance after giving to Zawil Furoodh).
Whether husband or wife dies first, these nephews will get the residual inheritance after giving the spouse and the daughters
However these nephews will be deprived of inheritance in the presence of the deceased’s brothers because then the brothers will be the CLOSEST MALES.
In case any son is alive then all these collaterals (brothers, nephews, uncles etc) will be deprived
Full list of Asabah with the sequence of inheritance are given in my blog
Sir,
As-Salam-o-Alikum
Sir, My kalala uncle died, He was not married, His parents already died, His one brother and one sister were also died before him. He left behind only one real Brother, Children of a deceased real brother and Children of a deceased real Sister. How his property would be distributed? In addition to his living real brother, will Children of his deceased real brother and children of his deceased real sister also get share from his property equal to share their father/mother get if they were alive?
Wa alaikum salam wa rahmat ullah wa barakaatuhu
*Answer*
Yes. This is by definition and description a Kalala case.
All the inheritance will go to the one living brother
*The ruling from the Hadith states that after giving to the Zawil Furoodh, then comes the CLOSEST MALE relative*
Which in this case is the brother.
The paternal nephew gets mahjoob (blocked from inheriting) by the brother.
Children of sisters do not inherit (zawil arham category)
However if they had been given a bequest of not more than 1/3, they would have gotten something
Again shows the importance of bequest, especially in such cases…
Assalamualikum brother ,
I want to know how a house is divided according to shaira my father has 2 brothers n my father is the eldest so accordingly if we divide it equally among three who gets the front portion of the house elder son or the youngest son .
Wa alaikum salam wa rahmat ullah wa barakaatuhu
Firstly who has sadly died? Only then can legal heirs and shares of inheritance can be determined
Secondly it may not matter on the front portion or back portion, but more on the market values
Such division of inheritance of houses, buildings, etc is mostly done by mutual consent in which inheritance is divided as close as possible according to inheritance ratios, with mutual consent of all the legal heirs, with no disagreement, and preferably in writing
Salam, A man has one wife & only one daughter and he wants to distribute all his land /property /assets to his wife & daughter, want to know the easy procedure Will or Hiba Transfer, guide please,
Regards
Wa aaikum assalam.
Point 1. If by distribution, you are planning to make a will to decide who inherits your estate after yur death, then you have to mention the CLOSEST MALE relative
This would become a Kalala case (Holy Quran 4 : 176) in absence of ascendants (parents) and male descendants
And wife would get 1/8 and daughter would get 1/2 , both being among Zawil Furoodh. The remaining 3/8 will go to the residuary (Asabaat) which in this case have not been mentioned
You have to mention the closest male relative (brothers and sisters come first, followed by others as mentioned in the blog)
Then the planned will can be completed
I am divorced. I have one son who is 13. I have three full brothers and mother who is alive. I have 5 nephews and 4 nieces . If I die what would be the inheritance. If both me and my son what would be the inheritance of my remaining relatives
Wa alaikum assalam
Answer given by email
Dr Nauman
Salam Dr. Nauman
First of all, job well done about so much depth knowledge of Islamic Inheritance. May ALLAH reward you Amine.
I have gone thru your site and all scenarios, but I could not find my scenario or question answered.
My Brother-In-Law (My Sister’s Husband) passed away recently and leaving relatives as:
1 Wife (My Sister)
3 Daughters (My Nieces)
4 Full Brothers
2 Full Sisters
3 Grand Maternal Sons (Daughter’s Sons)
No Son
No Parent
No Grand Parent at all
How Inheritance will be divided? Please reply with all details ASAP.
Appreciate in advance.
Thanks so much & Jazak-Allah
Wa alaikum assalam
Answer given by email
Dr. Nauman
Assalamu Alaikum
My dad passed away. The house and all belongings was left to my mum in his will. My mum has sunsequently sold the house. Since she still needs to live can she use the money from the sale of the house or is she required to distribute the shares accordingly to clear my father… It is my mum 3 brothers and 1 sister. What is the halaal response to this.. Please… My mother has no income other than the government pension. Jazakallah
Wa alaikum salam wa rahmat ullah
*Answer*
It is not right to give away everything to only one heir directly before one’s death or through a will
For inheritance is a right ordained in the Holy Quran for ALL legal heirs
Thus the inheritance must be distributed according to the laws of inheritance
Only if all the children heartily forgo their shares of inheritance, the mother may keep all the shares (not forgo due to shyness or through coercion / force)
Regarding as to who will take care of mother, that responsibility after the death of the primary caretaker falls on her children, preferably the sons
Islam has provided for a Wali (custodian, protector) of women from their birth till death,
Starting from the father, then husband, then sons, then brothers (if no sons) etc in this priority
These people are responsible for the basic needs of the women (food, clothing, shelter, education)
The daughters if they are capable also have a duty towards the mother as mentioned in the Holy Quran and should also help their mother if and when required
Thus inheritance and being good to mothers are both separate faraidh mentioned in the Holy Quran and both should be fulfilled
Allah Almighty will, by His Grace, help those who follow His commands, especially those who are happily and heartily good to their mothers
He will grant barakah برکہ in their rizq and may provide for them from where they never expected, if they are steadfast.
In sha Allah
AoA,
I am the only child (daughter) of my parents. I don’t have any siblings. My father had only one sister who died (in 2016) before my father (in 2018). My mother died in 2020. My mother has four nephews.
My father didn’t have any full brothers. His father (my grandfather) didn’t have any full brothers as well though he had some step brothers.
My query is simple – will my cousins (aunt’s sons and daughter) get anything in my father’s inheritance though my aunt died before my father?
Thanks in advance.
Best regards
Meher
Wa alaikum salam wa rahmat ullah
Answer
*This is a special Kalala case, without siblings and no Asabah*
Even if we consider the father’s maternal step brothers’ sons, remember for this type of Kalala, maternal step brothers or sisters don’t inherit in the presence of any children of the deceased (whether male or female)
*Shares of Zawil Furoodh*
Wife in presence of children gets
1/8 = 12.5 %
Daughter if one, without a son gets:
1/2
*We have a problem. There is still some residual share of inheritance left)*
1 – (1/8 + 1/2) = 3/8
*Who will get this remainder when there is still some residuary left?*
The companions RA of the Holy Prophet PBUH came up with a solution to this problem as well.
*Rule of Radd* will be applied
قانون الرد
Radd literally means ‘return back’. Rule states:
“Increase shares proportionately of all heirs *except the spouses*, if there is still some share left to be distributed after giving all the (legal) heirs their due shares)
*In this case there are only two heirs, with no asabah; one of the heirs is a spouse, that is the wife and she can’t get the radd*
So only the daughter will receive the ‘Radd’
That is only she will get the remainder
So the daughter now gets:
1/2 + 3/8 = 7/8 = 87.5 %
This is according to all schools of thought including Imam Abu Hanifa, Imam Hanbal, Imam Shafi
Except Only Imam Malik has stated that the remaining 3/8 should go to the state treasury (government)
The aunt’s sons do NOT inherit because it has to be CLOSEST male of a MALE relative
Like closest male related to the father, brother, paternal uncle etc
Therefore, since the aunt (father’s sister) is a female, so her sons don’t count
If it had been father’s brother’s sons, they would have inherited, being residual heirs
Asalam o alykum
mujhy ye maloom karna tha k meri death k bad meri jo property hy wo meri wife k name ho jaygi.. lakin agar ham dono yani m or meri wife Allah na kary na rahy to in sab chezo per sirf mari family yani mera bhai or meri behan ka haq ho ga ?? kuk mery parents ki death ho gai hy.. ya mery susral walo ko bhi hissa ho ga pls rehnumai farmay..
shukarya
و علیکم السلام و رحمت اللہ
یہ ڈیپنڈ کرتا ہے کہ آپ میں سے پہلے کون فوت ہوتا ہے اور آپ دونوں نے کون سے ورثا پیچھے چھوڑے ہیں
ان معلومات کے بغیر میں جواب نہیں دے سکتا
شکریہ جزاک اللہ خیر
والسلام
ڈاکٹر نعمان شاد
Aslmlkm Dr,
A very thorough piece of work MashAllah…
However, I am still confused regarding the residual amount/shares and particular to my example below.
A man dies leaving behind a mother, full brothers, full sisters, wife, sons, daughters, parternal and maternal uncles and aunts as well as nephews and nieces
Would the distribution of his estate be restricted to only the main heirs…mother, wife, sons, daughters?
Do the brothers and sister get anything?
Could you please assist with this question?
JazakAllah for your time.
Aslkm
Wa alaikum salam wa rahmat ullah
Answer:
In the presence of even one son, all collaterals including all types of siblings, get blocked from inheritance.
There are many other cases in which siblings may get blocked (become mahjoob) from inheriting as mentioned in the blog
This is in accordance to the teachings of the Holy Quran and Ahadith
As well as concensus among the scholars.
There is certainly a lot of logic or wisdom hikmah behind this ruling, full details known to Allah Almighty,
But one of them obviously is that the natural offspring are closest to parents and thus have the primary right to their inheritance
There are several other logical reasons as well.
Siblings may inherit in cases of Kalala as given in some examples in the blog and related questions at the end
Regards
Dr. Nauman Shad
Asalaamualaikum.
The deceased left behind a wife, 3 daughters, his mother whom is also deceased now,a full brother and 4 full sisters. As at the time of demise of mother exactly one year time the deceased property that was not in the known had not been yet gathered.
Alhamdulillah 2 years after these are what is gathered now. Two bedroom apartment the deceased lived with spouse before he passed, a house he built plus an adjoining piece of which the full brother is claimed for their mother before she also passed on, 2 different plots located in a different places, two cars and some money.
Please in such a scenario how will the inheritance be shared since his brother already took part of the property.
NB: The deceased had no son, just 3 daughters
Wa alaikum salam
Answer
Division of Inheritance
Heirs of deceased :
Mother, one wife, three daughters, one full brother and four full sisters
*Shares of Zawil Furoodh*
Mother in the presence of children or siblings gets:
1/6 = 16.66 %
(mother’s share will be passed on to her legal heirs)
Wife in the presence of children gets :
1/8 = 12.5 %
Daughters if more than one with no sons get :
2/3 = 66.66
Each daughter gets:
2/3 ÷ 3 = 2/9 = 22.22 %
*Shares of Asabah*
Remaining goes to the Asabah which in this case are the brother and sisters who will inherit in 2 : 1 ratio
Remaining = 1 – (1/6 + 1/8 + 2/3) = 1/24
Divide this 1/24 into 6 shares; two shares for the brother and one share each for the four sisters
So the full brother gets:
1/24 x 2/6 = 1/72 = 1.39 %
And each full sister gets:
1/24 x 1/6 = 1/144 = 0.695 %
*Division of Property*
By mutual consent of all the heirs. Rest of the question with details I need morr clarification
Email me at :
mnauman2002saj@yahoo.com
A deceased left behind husband, one full brother and one full sister.
After one month her husband demise leaving behind his one full brother.
How will the inheritance be distributed in such case??
Salaams.
1. If an individual moves all his assets to a Trust. The assets are in effect bequeathed before time of death.
Therefore, the assets no longer form part of the individuals estate.
For example. Property, or vehicles which the donot will still use whilst alive but be in the name of the Trust ( a legal separate entity by secular law).
2. In the same way. If the individual moves the business to son 100%, before death. Simply because the son who was involved in the growth for many years & the rightful owner after him.
3. Life cover_ and appointing beneficiaries.
This then separates the life cover payout from the individuals estate. The beneficiary nominated is paid on death of the individual whos life is covered.
In essence, a clear separation is made of ownership during the lifetime.
My question is, is this allowed in terms of shariah.
This would leave very little in the estate of the deceased. A deceased father for example, nominates the beneficiary for life cover to the wife on death.
The house is given to the wife in the will, thereafter the 4 daughters.
According to South African Community of property Laws.
In another case, the father moved his business to his son a few years ago. He has 2 daughters whom he had bought property for during his lifetime. All other property was left to his wife and not the daughters.
The daughters are claiming shares of everything. but the son says the daughters were not involved in the business, they should not have a right to claim.
The same with properties. He is of the idea that they received their shares before the father died and should not get anymore.
JazaakAllaahu Ghair
I am an Accountant & Master Tax Practitioner in South Africa.
I’m an only child, from my mother, but have a half brother from my father, and my parents are divorced. My mother has 1 brother and 3 sisters.
If my mother passes away do I inherit everything ? My mothers parents are deceased.
Assalaamu alaykum,
Hope you’re well. I want to enquire if the deceased leaves behind a wife, four daughters and three sons. How will the inheritance be distributed?
Wa alaikum salam wa rahmat ullah
Alhamdulillah.
Answer
*Shares of Zawil Furoodh*
Wife in the presence of children gets 1/4 = 25 %
*Shares of Asabah (residual heirs)*
Remaining will be shared by the 3 sons and 4 daughters in a 2 : 1 ratio
Remaining is 1 – 1/4 = 3/4
Divide this 3/4 into 10 shares, two shares each for the 3 sons and one share each for the 4 daughters
Hence,
Each son will get:
3/4 x 2/10 = 3/20 = 15 %
And each daughter will get:
3/4 x 1/10 = 3/40 = 7.5 %