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 Muslim 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!

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 some 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
  • Aulad: (Children): Includes sons, daughters, grandsons, grand-daughters and so on
  • Narina Aulad (Male Children): Includes sons, grandsons, great grandsons and so on
  • Kalala: A person (male or female) who has died (& has taraka left behind) & has no Narina Aulad, and has no father, grandfather or great grandfather.
  • 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
  • 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: relatives of deceased who are neither from Zawil Furooz nor Asabaat, and are related to the decreased 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

  • Writing a will means, mentioning all the legal heirs & also allowing up to 1/3 of total wealth (bequest) to people, organizations besides his legal heirs.
  • 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. Allah says (interpretation of the meanings):
  • “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]
  • Similarly the Prophet (PBUH) said:

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]

  • 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:
  • 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.
  • It is NOT necessary for a person to make any other person a share holder of his inheritance other than his/her rightful heirs, but this should be mentioned in a 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
  • 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
  • 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)

Zawil Furoodh

  • These are the family members whose shares are exclusively set by Allah in the Holy Quran. They include:
  • Father
  • Mother
  • Wife (Widow)
  • Husband
  • Daughter(s) (if there are no sons)
  • A few others (described later)

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 son(s)” 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

Zawil-Arham

  • All females apart Zawil Furooz or Asabah – such as paternal aunts, maternal aunts, daughters of brothers, daughters of sisters, and daughters of paternal uncles – come under the heading of dhuwil arhaam or
  • 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 e.g. such as paternal aunts, maternal aunts, daughters of brothers, daughters of sisters, and daughters of paternal uncles, Maternal grandfather, maternal granddaughter etc

 

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

Rule Inheritor Case Condition Share of Inheritance
1 Daughter 1 Deceased also has son(s) Half of son
2 Deceased only has one daughter Half
3 Two or More than two daughters with no son All share 2/3 inheritance
2 Mother 1 Deceased has children 1/6
2 Deceased has no children & no brothers or sisters 1/3
3 Deceased has no children & has 1 brother or 1 sister 1/3
4 Deceased has no children & has 2 or more than 2 siblings (full, maternal or paternal) 1/6
3 Father 1 Deceased has son or grandson 1/6
2 Deceased has no son, grandson, but has daughter(s) or granddaughter(s) 1/6 plus whatever remains of Zawil Furoodh
3 Deceased has no children at all Whatever remains of Zawil Furoodh
4 Husband 1 Deceased has children 1/4
2 Deceased has no children 1/2
5 Wife or Wives (to be divided equally among all wives if more than one) 1 Deceased has children 1/8
2 Deceased has no children 1/4
6 Grand Daughter (From son only)

(Paternal Granddaughter)

1 1 daughter, no son & no grandson from a son 1/6
2 No son & no daughter, 1 granddaughter from a son & no grandson from a son 1/2
3 No children, 2 or more granddaughters from a son & no grandson from a son All share 2/3 inheritance
  4 No children, 2 or more grandchildren from son Female gets 1/2 of male
7 Paternal Grandfather 1 Deceased does not have a father & has children 1/6
2 Deceased does not have a father & has no children Whatever remains of Zawil Furoodh
Rule Inheritor Case Condition Share of Inheritance
8 Paternal Grand-mother 1 Deceased does not have parents & does not maternal grandmother 1/6
2 Deceased does not have parents & does have a maternal grandmother 1/12
9 Maternal Grand-mother 1 Deceased does not have parents & does not have a paternal grandmother 1/6
2 Deceased does not have parents & does have a paternal grandmother 1/12
10 Kalala

Case 1

Full Sister

1 Deceased has 1 full sister, no full brother & no male paternal ancestor 1/2
2 Deceased has 2 or more full sisters, no full brother, & no male paternal ancestor All share 2/3 inheritance
3 Deceased has full sisters & full brothers, & no male paternal ancestor Full sister(s) get half of full brother(s)
4 Deceased only has a daughter or granddaughter Whatever remains of Zawil Furoodh
11 Kalala

Case 2

Maternal brother/  sister

1 Deceased has 1 (maternal brother or sister) 1/6
2 Deceased has 2 or more brothers and/or sisters & no male paternal ancestor All share 1/3
3 Deceased has a daughter or granddaughter Mahjoob (Blocked)
12 Kalala

Case 3

Paternal Sister/ brother

1 One paternal sister ½
2 More than one paternal sisters All share 2/3
3 Paternal brothers & sisters Sisters get ½ of brothers
4 One full sister & one paternal sister 1/6
5 One full sister & daughter(s) or granddaughter(s) Mahjoob (Blocked
6 No full sisters, but has daughter(s) or granddaughter Whatever remains of Zawil Furoodh
7 Two full sisters Mahjoob (Blocked)

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.

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
  • Rule 22. Full sister 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, paternal sister
  • A daughter often does NOT block the same as a son
  • 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

4) Full Brother, Full sister (Kalalah starts here)

5) Paternal Brother, Paternal Sister

6) Paternal Grandfather

7) Full brother’s son

8) Paternal brother’s son

9) Full brother’s son’s son

10) Paternal brother son’s son

11) Paternal Uncle

13) Paternal Uncle’s son (cousin)

And so on……

  • Rule 24. Every category below it will get blocked from inheritance EXCEPT the father
  • 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.
  • 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

Deceased has NO relatives at all (Near or Far)

  • Government takes the whole estate

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)

Examples

Now we shall discuss some cases:

  1. Relatives deceased left behind:

Mother, Wife, son, paternal grandson

1st find Shares of Zawil Furoodh: (Rule 1A)

Mother: 1/6 (Rule 2.1)

Wife: 1/8 (Rule 5.1)

Take common denominator of 6 & 8, we get 24

So mother gets 1/6 x 24 = 4/24

Wife gets 1/8 x 24 = 3/24

Shares: Asabah (Residuaries/remainder): Rule 12b

Son will get the rest means 17/24

Paternal Grandson Mahjoob (Blocked by son, Rule 15)

  1. Relatives deceased left behind:

                        Husband, 2 sons, 2 daughters

Shares: Zawil Furoodh: (Rule 1A)

Husband: ¼ (Rule 4.1)

Shares: Asabah: Rule 12b

2 sons and 2 daughters will get the remainder (3/4)

They will get in ratio of (Brother: Sister) = 2 : 1 (Rule 13)

Estate divided into 8 Shares

Husband: ¼ x 8 = 2/8

1st brother: ¼ x 8 = 2/8

2nd brother: ¼ x 8 = 2/8

1st sister: 1/8 x1 = 1/8

2nd sister = 1/8 x1 = 1/8

  1. Relatives deceased left behind:

Mother, father, wife, daughter, paternal grandfather

Shares: Zawil Furoodh: (Rule 1A)

Mother: 1/6 (Rule 2.1)

Father: 1/6 plus remainder of Zawil Furoodh (Rule 3.2)

Daughter: ½ (Rule 1.2)

Wife: 1/8 (Rule 5.1)

Paternal grandfather: Blocked by father (Rule 18)

Estate divided into 24 shares

Mother: 1/6 x 24 = 4/24

Daughter: ½ x 24 = 12/24

Wife: 1/8 x 24 = 3/24

Father 1/6 x 24 = 4/24

Total shares 4 + 12 + 3 + 4 = 23, one share remaining which goes to father

So father gets 4/24 + 1/24 = 5/24

  1. Relatives deceased left behind:

Mother, father and 3 children

 Shares of Zawil Furoodh:

Mother: 1/6 (Rule 2.1)

Father: 1/6 plus whatever remains of Zawil Furoodh (Rule 3.2)

Daughters share 2/3 (Rule 1.3)

Total Shares: 18

Mother 1/6 x 18 = 3/18

Father 1/6 x 18 = 3/18

Daughters 2/3 x 18 = 12/18

Each daughter gets 4/18

Remaining of Zawil Furoodh = 0. So father gets only 1/6 = 3/18

  1. Relatives deceased left behind:

Wife and son

Share of Zawil Furoodh:

Wife: 1/8 (Rule 5.1)

Share of Asabah

Son gets the remainder 7/8

  1. Relatives deceased left behind:

Wife, mother, father

 Hazrat Umar’s special case detected (Rule 29)

Share Zawil Furoodh

Wife ¼

Remaining: father gets twice as mother

So father gets ½

Wife gets ¼

  1. Relatives deceased left behind:

2 daughters only

Share: Zawil Furoodh

2 daughters 2/3 (Rule 1.3)

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

  1. Relatives deceased left behind:

1 daughter, 2 full sisters

Share: Zawil Furoodh

Daughter: ½ (Rule 1.2)

Share Asabah:

2 full sisters will get remaining half

So each sister will get ¼

  1. Relatives deceased left behind:

Daughter, paternal granddaughter, 2 full sisters

Share: Zawil Furoodh

Daughter: ½ (Rule 1.2)

Paternal Granddaughter: 1/6 (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

Total Shares: 6

Daughter ½ x 6 = 3/6

Paternal Granddaughter: 1/6

Both sisters get : 1/6 each

  1. 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%)

  1. Relatives deceased left behind:

Husband, mother, 2 full brothers, maternal brother, maternal sister

 Share Zawil Furoodh:

Husband: ½ (Rule 4.2)

Mother: 1/6 (Rule 2.4)

Maternal brother & maternal sister: share 1/3, each gets 1/6 (Rule 11.2)

Full brothers cannot get less than maternal brothers; get same as maternal siblings which is 1/6 each (Rule 27)

Total Shares 12

Husband ½ x 12 = 6/12

Mother 1/6 x 12 = 2/12

Maternal brother 1/6

Maternal sister 1/6

Each full brother 1/6

  1. Relatives deceased left behind:

Mother, 1 full sister

Share Zawil Furoodh:

Mother 1/6 (Rule 2.4)

Sister ½ (Rule 10.1)

No other heirs; but total 1/6 + ½ does not equal one

Shares should now be increased proportionally among all heirs (Rule 14)

Total Shares 5

Mother: 2/5

Sister: 3/5

  1. Relatives deceased left behind:

Wife, mother, daughter

 Shares Zawil Furoodh:

Mother: 1/6

Wife: 1/8

Daughter ½

Still some shares left. Shares should now be increased proportionally among all heirs except the spouse (Rule 14)

Total Shares: 32

Wife: 1/8 x 32 = 4

Mother: 7/32

Daughter 21/32

  1. Relatives deceased left behind:

Wife, mother, daughter, full brother

Shares Zawil Furoodh:

Mother: 1/6

Wife: 1/8

Daughter ½

 Shares: Asabah

Full brother

Total shares 24

Mother: 1/6 x 24 = 4

Wife 1/8 x 24 = 3

Daughter ½ x 24 = 12

Remaining = 5/24

So brother will get 5/24

  1. Relatives deceased left behind:

Wife, mother, son, full paternal uncle

Shares: Zawil Furoodh:

Mother: 1/6

Wife: 1/8

Shares: Asabah

Full Paternal uncle is blocked by son: (Rule: 16)

So son will get all the remainder

Total Shares: 24

Wife: 1/8 x24 = 3

Mother: 1/6 x 24 = 4

Son: 17/24 (remaining)

  1. Relatives deceased left behind:

Wife, mother, 2 daughters, full paternal uncle

Shares Zawil Furoodh:

Mother: 1/6

Wife: 1/8

Daughters: 2/3 (Rule 1.3)

Shares: Asabah

Paternal will get remainder

Total Shares: 24

Mother: 1/6 x 24 = 4

Wife: 1/8 x 24 = 3

Daughters: 2/3 x 24 = 16, (1/3 each = 8/24 each)

Remaining goes to Paternal uncle = 1/24

 

  1. Relatives deceased left behind:

Husband, 1 full sister, 1 full brother

Kalala case

Shares: Zawil Furoodh:

Husband: ½ (Rule: 4.2)

Share Asabah:

Full brother and full sister will share the remaining ½ in ratio 2 : 1 (Rule 10.3)

Total shares 6

Husband ½ x 6 = 3/6

Full brother: 2/6

Full sister: 1/6

  1. Relatives deceased left behind:

Father, mother, 1 full sister

 Share Zawil Furoodh

Mother: 1/6

Father: 1/6

Share Asabah:

Father blocks share of full sister (Rule 18)

Father gets what is left of Zawil Furoodh (Rule 3.3)

Total shares: 6

Mother 1/6

Father 5/6

Full sister: Zero

 

  1. Relatives deceased left behind:

Husband, father, daughter

 Share Zawil Furoodh:

Husband: ¼

Daughter: ½

Father: 1/6

Share Asabah:

No other heir, so father gets what is left of Zawil Furoodh (Rule 3.3)

Total Shares 4

Husband: ¼

Daughter: ½

Father: ¼ (instead of 1/6, now he gets ¼ due to rule 3.3)

  1. Relatives deceased left behind:

Husband, paternal granddaughter, full male cousin (father’s full brother’s son)

Kalala case

 Share Zawil Furoodh:

Husband: ¼

Paternal Granddaughter: ½ (Rule 6.2)

Share Asabah

Full Cousin will inherit in order of priority (Rule 12b)

Total Shares 4

Husband: ¼

Paternal Granddaughter: ½

Full male cousin: ¼

  1. Relatives deceased left behind:

Husband, paternal granddaughter, full female cousin (father’s full brother’s daughter) Kalala case

Share Zawil Furoodh:

Husband: ¼

Paternal Granddaughter: ½ (Rule 6.2)

Share Asabah

Full female cousin does not inherit; female paternal relatives not included in list of priorities of Asabah (Rule 12b)

Grandfather will get what remains of Zawil Furoodh

Total Shares: 4

Husband: ¼

Paternal grandfather: ¾

  1. Relatives deceased left behind:

Mother, maternal brother, paternal brother

Share Zawil Furoodh:

Mother: 1/6 (Rule 2.4)

Maternal brother: 1/6 (Rule 11.1)

Share Asabah

Paternal brother will inherit rest in order of priority (Rule 12b)

Total Shares: 6

Mother: 1/6

Maternal brother: 1/6

Paternal brother: 4/6

  1. Relatives deceased left behind:

Mother, paternal brother, paternal sister

Share Zawil Furoodh:

Wife: 1/4

Paternal brother & paternal sister will inherit rest in ratio 2:1 (Rule: 12.3)

Total Shares: 4

Wife: ¼

Paternal brother: ½

Paternal sister: ¼

 

  1. Relatives deceased left behind:

Wife, 2 daughters, mother, paternal grandfather, paternal brother

 Share Zawil Furoodh:

Wife: 1/8

2 Daughters: 2/3 (Rule 1.3)

Mother: 1/6

Paternal grandfather: 1/6 (Rule 7.1)

Share Asabah:

Nothing remaining

Paternal brother gets zero; shares have already 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 15-Awal)

Total Shares: 27

Wife: 1/9x 27 = 3/27

Mother: 4/27

Paternal grandfather: 4/27

Daughters each get: 8/27

Paternal Brother: 0/27

  1. 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

26. 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

Mother: 12/81

Wife: 9/81

Each Daughter: 16/81

This is the Final Answer

27. Relatives deceased left behind

Two full sisters, two nephews (sons of full brother)

(Kalala Case)

First find share of Zawil Furoodh

Two sisters will get 2/3 of the estate (Holy Quran Sura Nisa 176)

Remaining for Asaba

The two nephews will get the remaining 1/3 (rule 12b 7).

So they will get 1/6 each

Conclusion

I think these 27 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

  1. 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 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 26 above.

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