Indeed all praises are due to Allah, we praise Him, we seek His help, we ask for His forgiveness, and we rely solely on Him. We seek His refuge from the evil in our souls and from our wicked deeds. Whoever Allah guides, no one can misguide. And whomever Allah misguides, no one can guide. I bear witness that there is no one worthy of worship except Allah, He is One, with no partners, and I testify that Mohammad (ﷺ) is His Messenger and His slave.
This article is published in 6 parts:
- Introduction & General Rules: Inheritance in Islam (1)
- Primary Heirs: Inheritance in Islam (2)
- Secondary Heirs: Inheritance in Islam (3)
- Other Rules: Inheritance in Islam (4)
- Share Distribution & Examples: Inheritance in Islam (5)
- Islamic Will: Inheritance in Islam (6)
- Conclusion: Inheritance in Islam (7)
PART 2: PRIMARY HEIRS - Ashab-ul-Furud (أصحاب الفروض)
Primary Heirs or Obligatory Heirs are referred to as Ashab-ul-Furud (أصحاب الفروض) means “possessors of obligatory share”. These are the family members with fixed shares whose share is exclusively set by Quran. Hence, they are called Quranic heirs or Obligatory shares. See the verses in Surah Nisa 4:11-4:12 earlier in the paper.
All together there are twelve primary heirs, nine are mentioned by Quran and three are added by Fuqaha using Qiyas (Analogy). These include:
CATEGORIES OF PRIMARY HEIRS |
||
CATEGORY |
GENDER |
HEIRS |
NINE from Quran: Explicitly mentioned in Quran | ||
PARENT | MALE | 1. Father |
SPOUSE | MALE | 2. Husband |
SIBLINGS | MALE | 3. Uterine Brothers (brother from mother full or half) |
PARENT | FEMALE | 4. Mother |
SPOUSE | FEMALE | 5. Wife (ves) |
CHILDREN | FEMALE | 6. Daughter (s) |
SIBLINGS | FEMALE | 7. Full Sister (s) |
SIBLINGS | FEMALE | 8. Consanguine sisters (half sister from father) |
SIBLINGS | FEMALE | 9. Uterine sisters (half sister from mother) |
THREE from Qiyas (analogy) and Ijma (Consensus): Added by Jurists based on Qiyas (Analogy). They replace (father, mother, daughter) in their absence. Grandmother is also mentioned in Hadith. | ||
GRANDPARENTS | MALE | 10. True Grandfather (father’s father or how ever high in chain) |
GRANDPARENTS | FEMALE | 11. True Grandmother |
CHILDRENS | FEMALE | 12. Son’s daughters (However low in chain) |
Shares of the Primary Heirs
Parents:
Parent’s share is clearly identified in Quran:
وَلأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلأُمِّهِ الثُّلُثُ فَإِن كَانَ لَهُ إِخْوَةٌ فَلأُمِّهِ السُّدُسُ مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ
4:11 For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts.26
Father
- Only the real father is considered as primary heir.
- Father is primary heir and he always gets a fixed inheritance share (expect if any legal impediment that blocks him).
- Adopted parents, foster parents etc. are all excluded from Mirath (inheritance) in Shariah.
- Adultery and fornication (Zina) is forbidden in Islam, hence, no inheritance is given in such situation.
- Father can inherit in three ways, as primary heir (fara’id) or secondary heir (residuary) or both:
- Primary Heir (Obligatory): if the deceased have son or son’s son (however low in hierarchy), then the father will get 1/6 as primary heir.
- Secondary Heir (Residuary): if the deceased has no children or no descendants from son, then father will receive inheritance as Asabah (residuary) after paying to the other primary heirs.
- Both primary & secondary heir: if the deceased has no son or son’s son, but there is daughters or son’s daughter, then father will received his primary share (1/6) and also gets a secondary share in residue after paying to all other primary heirs.
- Whole estate: if he is the sole heir he gets the whole estate
Father’s share table is following:
FATHER'S SHARES |
||
AS PRIMARY HEIR: (1/6) |
AS SECONDARY (RESIDUARY) HEIR: (EITHER WHOLE OR 2/3) |
AS PRIMARY AND SECONDARY (RESIDUARY) HEIR: (1/6 + RESIDUE) |
Depending on situation, Father can be a heir as "Primary", as "Secondary", or both as "Primary & Secondary): | ||
Father gets 1/6, if there is:
|
Father becomes a secondary sharer if :
If father is the sole heir, he gets the whole estate. If father/mother is sole heirs, then mother gets 1/3 and father gets 2/3. |
Father becomes primary and secondary heir both when.
But if there is:
|
- An Exception: when father inherits with mother and spouse
- If father inherits with spouse (wife or husband) and mother, then spouse gets their fix share.
- Spouse share is (husband 1/2, widow 1/4)
- Whatever residue remains parents takes their share from it.
- This is based on decision of Umar bin Khattab (ra) who actually based his opinion on Zaid bin Thabit (ra)
- If Father inherits with (Widower) Husband: 1/2 then, Father gets: 1/3 Mother gets: 1/6
- If Father inherits with (Widow) Wife: 1/4 then, Father gets: 1/2 Mother gets: 1/4
- This is an exception to ensure that father doesn’t get less than mother.
- If father inherits with spouse (wife or husband) and mother, then spouse gets their fix share.
- Father can totally exclude (حجب حرمان) other potential heirs when he is present at inheritance, these include:
- Grandfather (however high in hierarchy) & Paternal grandmother (however high in hierarchy)
- Brothers (full or half both mother/father side) and Sisters (full or half both mother/father side)
- Uncles and their sons
Mother
- Only the real mother is considered as primary heir.
- Mother is primary heir and she always gets a fixed inheritance share (expect any legal impediment blocks him). However, her share can be partially excluded (حجب نقصان), i.e. 1/6 or 1/3
- Adopted parents, foster parents etc are all excluded from Mirath (inheritance) in Shariah.
- Adultery and fornication (Zina) is forbidden in Islam, hence, no inheritance is given in such situation.
- Whole estate: if she is the sole heir she gets the whole estate (hanafi/shafii fiqh)
- Based on hanafi/shafii fiqh she gets 1/3 as primary heir and 2/3 as Al-Radd.
Mother’s share table is following:
MOTHER'S SHARES |
|
AS PRIMARY HEIR: (1/6) |
AS PRIMARY HEIR: (1/3) |
Depending on situation, Mother can be a heir as "Primary 1/6" or as "Primary 1/3": | |
Mother gets 1/6, if there is:
|
Mother gets 1/3, if there is:
|
- Exception: if mother inherit with father or spouse or both, then she either gets 1/4 or 1/6. See Father’s section where we defined this exception.
- Mother can totally exclude (حجب حرمان) other potential heirs when he is present at inheritance, these include:
- True Grandmothers (however high in hierarchy) – Mother’s Mother.
Grand parents:
Real Grandmother (Paternal/Maternal Grandmother)
Grandmother’s share is identified in Sunnah
- Real Grandmother are mother of father (however high in hierarchy), i.e. Paternal Grandmother. Also Mother of Mother is considered as Real Grandmother, i.e. Maternal Grandmother.
- Hanafi/Hanbali considers all real grandmothers as one group.
- Maliki/shafii divides real grandmothers in two groups (maternal and paternal).
- Grandmother may be totally excluded:
- if mother is alive. Similarly, Great grandmother is totally excluded if grandmother is alive, and so on.
- Paternal Grandmother:
- Hanafi/Maliki/Shafii: All Paternal grandmothers are excluded by Father
- Hanbali: Father doesn’t exclude the paternal grandmother
- Please note if father is not alive, but grandfather and grandmother is alive, then grandfather doesn’t block grandmother’s share.
Grandmother's share table is following:
GRANDMOTHER'S SHARES |
|
AS PRIMARY HEIR: NONE |
AS PRIMARY HEIR: (1/6) |
Depending on situation, Grand mother can be a heir as "Primary None" or as "Primary 1/6": | |
Grandmother no share, if there is:
Paternal Grandmother no share, if there is:
|
Grandmother gets 1/6, if there is:
Paternal Grandmother gets 1/6, if there is:
If there are more than one real Grandmothers then they all share in 1/6 |
Real Grandfather (Paternal Grandfather)
- Shares of Grandfather or Great grandfather (or higher) are like father.
- Real Grandfathers are father of father (however high in hierarchy), i.e. Paternal Grandfathers. Father of Mother is considered as false Grandfather.
- Only Read Grandfathers are considered as Ashab-ul-Furud. The False grandfathers are considered as Dhawul-Arham (ذو الرحام) - Distant Kindred by Hanafis, Shafaiis, Hanbalis.
- Grandfather may be totally excluded:
- if father is alive. Similarly, Great grandfather is totally excluded if grandfather is alive, and so on.
- Grandfather will get father’s share, if:
- If father is not alive, but deceased has son or son’s son then Grandfather will get father’s share, i.e. 1/6
- Grandfather will get higher shared, if:
- If father is not alive and deceased do not have son or son’s son, but deceased has daughter or son’s daughter, then Grandfather will get father’s share 1/6 as Dhul-Fard and will also get remaining Residue (whatever is left from Dhul-Furud)
- If father is not alive and deceased do not have child (either son or daughter), neither deceased has grandchild (son’s son and sons’s daughter however low in hierarchy), then grandfather will become a residuary and will get remainder of shares after distributing the shares of Dhul-Furud (obligatory primary sharers)
Grandfather’s share table is following:
GRANDFATHER'S SHARES |
|||
AS PRIMARY HEIR: NONE |
AS PRIMARY HEIR: (1/6) |
AS PRIMARY & SECONDARY (RESIDUARY) HEIR : (1/6 + Residue) |
AS SECONDARY (RESIDUARY) HEIR: (Remainder Residue) |
Depending on situation, Grand father can be a heir as "Primary None", as "Primary 1/6", "Primary & Secondary 1/6+Residue" or "Secondary Remainder Residue): | |||
Grandfather gets no share, if the deceased has:
|
Grandfather gets 1/6, if there is:
|
Grandfather gets 1/6 + Residue, if there is:
Grandfather will get 1/6 as primary heir, and will also get residue (whatever remains after distributing to Dhul-Furud |
Grandfather gets residue, if the deceased has:
Grandfather will become Al-Asabah (العصبة) residuary and will get all remaining residue after distributing shares amongst Dhul-Furud (obligatory Primary Sharers) |
- Grandfather can totally exclude (حجب حرمان) other potential heirs when he is present at inheritance, these include:
- Great Grandfathers (however high in hierarchy)
- Siblings, Descendants of father, i.e. Brothers/Sisters or Uterine Brothers/Sisters. There was difference of opinion amongst companions on Grandfather excluding Siblings.
- Paternal Uncles and their offspring, Descendants of Grandfather.
Spouse:
Husband / Widower
Husband’s share is clearly identified in Quran:
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ
4:12 In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts29
- Husband is primary heir and he always gets a fixed inheritance share (expect any legal impediment blocks him). However, his share can be partially excluded in certain situation, i.e. 1/4 from 1/2.
- Husband share is either 1/2 or 1/4.
Husband share table is following:
HUSBAND'S SHARES |
|
AS PRIMARY HEIR: (1/2) |
AS PRIMARY HEIR: (1/4) |
Depending on situation, Grand mother can be a heir as "Primary 1/2" or as "Primary 1/4": | |
Husband gets 1/2, if there is:
|
Husband gets 1/4, if there is a:
|
Wife(ves) / Widow(s)
Quran identified wife’s (or widow) share as:
وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ
4:12 In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts30.
- Wife is primary heir and he always gets a fixed inheritance share (expect any legal impediment blocks him). However, her share can be partially excluded, i.e. 1/8 from 1/4.
- Wife’s share is either 1/4 or 1/8.
- If there is more than one wife (widows), then they all share in allotted entitlement (1/8 or 1/4).
Wife’s share table is following:
WIVE'S SHARES |
|
AS PRIMARY HEIR: (1/2) |
AS PRIMARY HEIR: (1/4) |
Depending on situation, Grand mother can be a heir as "Primary None" or as "Primary 1/6": | |
Wife gets 1/4, if there is:
|
Wife gets 1/8, if there is a:
|
Siblings:
Brother (s) and Sisters(s)
Brother and Sister’s share is clearly identified in Quran:
يَسْتَفْتُونَكَ قُلِ اللّهُ يُفْتِيكُمْ فِي الْكَلاَلَةِ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ وَهُوَ يَرِثُهَآ إِن لَّمْ يَكُن لَّهَا وَلَدٌ فَإِن كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ وَإِن كَانُواْ إِخْوَةً رِّجَالاً وَنِسَاء فَلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ يُبَيِّنُ اللّهُ لَكُمْ أَن تَضِلُّواْ وَاللّهُ بِكُلِّ شَيْءٍ عَلِيمٌ
4:176 . They ask you for a legal verdict. Say: "Allah directs (thus) about AlKalalah (those who leave neither descendants nor ascendants as heirs). If it is a man that dies, leaving a sister, but no child, she shall have half the inheritance. If (such a deceased was) a woman, who left no child, her brother takes her inheritance. If there are two sisters, they shall have two-thirds of the inheritance; if there are brothers and sisters, the male will have twice the share of the female. (Thus) does Allah makes clear to you (His Law) lest you go astray. And Allah is the All-Knower of everything."31.
- Mawdudi states that the apportioned shares in inheritance mentioned here are those of brothers and sisters, whether related through both parents or through a common father only. Abu Bakr gave this interpretation in one of his pronouncements and none of the Companions expressed any dissent. This view is, therefore, considered to be supported by consensus (ijma'). [Tafheem].
- Brother (s) and Sister (s) gets the share if the deceased was Kalala (كَلاَلَةً). See Definition of Kalala later in this Chapter.
Full Sister(s)
- Full sister is whose father and mother are same as the deceased’s.
- Full sister inherits either as Ashab-ul-Furd or as Asabah (Residuary), if she is entitled.
- Full Sister share’s is identified in Quran when deceased is Kalala.
- Full Sister has an exception when there is a daughter and son’s daughter then Full Sister will share as Al-Asabah ma’a ghayriha.
- This is based on Prophet’s Sunnah where Ibn Masud was asked and he replied: “..The verdict I will give in this case, will be the same as the Prophet (ﷺ) did, i.e. 1/2 for the daughter, and 1/6 for Son’s daughter, i.e. both shares make 2/3 of total property, and the residue is for the sister..” [Part of hadith, Sahih Al-Bukhari, Sunnan Thirmidi and Sunnan Ibn Majah]
Full Sister’s share table is following:
FULL SISTER'S SHARES |
|||
AS PRIMARY HEIR: NONE |
AS PRIMARY HEIR: (1/2 alone or 2/3 jointly) |
AS RESIDUARY as Al-Asabah bi-ghayriha (العصبة بغيرها) |
AS RESIDUARY as Al-Asabah ma’a ghayriha (العصبة ما غيرها) |
Depending on situation, Full Sister can be a heir as "Primary None", as "Primary 1/2 or 2/3", "Secondary as Al-Asabah Bi-Ghairiha" or "Secondary as Al-Asabah ma'a Ghairiha): | |||
Full Sister gets No share, if deceased has:
|
Full Sister shares as Primary Heir, if deceased is:
|
Full Sister shares as Residuary as Al-Asabah bighayriha (العصبة بغيرها) – Because of Others, if deceased:
|
Full Sister shares as Residuary as Al-Asabah ma’a ghayriha (العصبة ما غيرها) – Asabah together with others, if deceased:
|
- Full Brother (s) and Full Sister (s) are excluded if deceased has,
- If deceased has Father, Son, Son’s Son (however low in hierarchy
- If deceased has Father or Real Grandfather (however high in hierarchy). According to Hanafi, real grandfather excludes Full Brother(s) and Full Sister(s).
- Full Sister (s) totally exclude (حجب حرمان) following,
- Half-Sister (on father’s side)
- Half Brother (on father’s side), if Full sister is Residuary as Al-Asabah ma’a ghayriha (العصبة ما غيرها), ie. When there is Full Sister and Son’s Daughter then Half-Brother is excluded
Half-sister(s) on Father's Side (Consanguine Sister)
- Half sister (on father’s side) is one whose father is same as the deceased’s, but mother is different.
- Half sister (on father’s side) inherits either as Ashab-ul-Furd or as Asabah (Residuary), if she is entitled.
- Half sister (on father’s side) inherits when there is no Full Sister, and then she inherits in position of Full Sister.
Half sister (on father’s side)’s share table is following:
CONSANGUINE SISTER'S SHARES |
||||
NO SHARE / EXCLUDED |
AS PRIMARY HEIR: (1/2 alone or 2/3 jointly) |
AS PRIMARY HEIR: (1/6 jointly or Nothing) |
AS RESIDUARY as Al-Asabah bi-ghayriha (العصبة بغيرها) |
AS RESIDUARY as Al-Asabah ma’a ghayriha (العصبة ما غيرها) |
Depending on situation, Consanguine Sister can be a heir as "Excluded", as "Primary 1/2 or 2/3", as "Primary 1/6", as Secondary as Al-Asabah Bi-Ghairiha" or "Secondary as Al-Asabah ma'a Ghairiha): | ||||
Half sister (on father’s side) gets No share, if deceased has:
|
Half sister (on father’s side) shares as Primary Heir, if there is:
If there is only One Half Sister she gets 1/2, if there are more than one Half Sisters then they share 2/3 jointly. |
Half sister (on father’s side) shares as Residuary, if deceased:
When full sister is present, Half Sister (one or more) gets only 1/6 jointly and Full Sister gets 1/2 (making it 2/3) Half Sister gets nothing, if there is more than one full sister. |
Half Sister shares as Residuary as Al-Asabah bighayriha (العصبة بغيرها) – Because of Others, if deceased:
Half-Brother convert Half-Sister into Residuary. Due to Half-Brother, Half-Sister gets half of Half-Brother’s share. If there are more than one Half-Brother and Half-Sisters, they all share in 1/3 jointly |
Half Sister shares as Residuary as Al-Asabah ma’a ghayriha (العصبة ما غيرها) – Asabah together with others, if deceased:
|
- Half Brother (s) and Half Sister (s) on father’s side are excluded if deceased has,
- If deceased has Father, Son, Son’s Son (however low in hierarchy
- If deceased has Father or Real Grandfather (however high in hierarchy).
- If deceased has Full Brother (s) and Full Sister (s)
- If deceased has two Full Sisters
- Exception: if deceased has no Full Brother, but has One Full Sister, and all the above conditions, then Half-Sister (s) gets 1/6
Full Brother (s)
- * Even though Brother is a secondary heir, he is mentioned here due to relation with Siblings to be in same section.
- Full brother is whose father and mother are same as the deceased’s.
- Full Brother inherits either as Asabah (Priority 3 Residuary), if he is entitled.
- Full Brother share’s is identified in Quran when deceased is Kalala.
Full Brother’s share table is following:
FULL BROTHER'S SHARES |
|
AS SECONDARY (RESIDUARY) HEIR: (NONE) |
AS SECONDARY (RESIDUARY) HEIR: (Residue) |
Depending on situation, Full Brother can be a heir as "Secondary none" or as "Secondary Residue": | |
Full Brother gets No share, if deceased has:
i.e. decease is not Kalala |
Full Brother shares as residuary, if deceased:
After distributing shares of all Primary Heirs, Residue will go to Brother. If there are Full Sisters, then Full Brother will get twice as much of sisters. |
- Full Brother (s) and Full Sister (s) are excluded if deceased has,
- a. If deceased has Father, Son, Son’s Son (however low in hierarchy
- b. If deceased has Father or Real Grandfather (however high in hierarchy). According to Hanafi, real grandfather excludes Full Brother(s) and Full Sister(s).
- Full Brother (s) totally exclude (حجب حرمان) following,
- Half-Brother & Half Sister (on father’s side) and their children
- Full Brother’s Son (however low in hierarchy)
- All Uncles and their offsprings
Half-brother (s) on Father's Side (Consanguine Brother)
- Half brother (on father’s side) is one whose father is same as the deceased’s, but mother is different.
- Half brother (on father’s side) inherits either as Asabah (Priority 3 Residuary), if he is entitled.
- Half brother (on father’s side) inherits when there is no Full Brother, and then he inherits in position of Full Brother.
- Half brother (on father’s side) is excluded if both Full Sister and Son’s Daughter is present
Uterine Brother and Sister
- Uterine Brother and Sister are those who mother is same as the deceased’s, but father is different
Quran Defines share of Uterine Brother (s) and Sister (s)
وَإِن كَانَ رَجُلٌ يُورَثُ كَلاَلَةً أَو امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ فَإِن كَانُوَاْ أَكْثَرَ مِن ذَلِكَ فَهُمْ شُرَكَاء فِي الثُّلُثِ مِن بَعْدِ وَصِيَّةٍ يُوصَى بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ وَصِيَّةً مِّنَ اللّهِ وَاللّهُ عَلِيمٌ حَلِيمٌ
4.12 … If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of lagacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever AllKnowing, MostForbearing
- Uterine Brother (s) and Sister gets the share if the deceased was Kalala (كَلاَلَةً).
- Mawdudi states that Mufasireen (Commentators) agreed that the sisters and brothers mentioned here mean half-brothers and half-sisters, i.e. those who have kinship with the deceased on the mother's side. Injunctions affecting full brothers and sisters, and half-brothers and half-sisters on the father's side are mentioned towards the end of the present surah. (See verse 176). – [Tafheem]
Kalala (كَلاَلَةً)
- Kalala32 (كَلاَلَةً) is either man or woman who does not have descendants or ascendants, i.e. neither they have sons or daughters, nor do they have father or grandfathers.
- Inheritance from Kalala is defined in Chapter 4 An-Nisa (The Woman) verse 4:12 and 4:176
- The verse 4:176 states Shares of Full Brother and Full Sister,if deceased is Kalala
- The verse 4:12 state Shares of Half-Brother and Half-Sister (Uterine Brother/Sister), if deceased is Kalala.
Half-sister(s) on Mother's Side (Uterine Sister)
- Half sister (on Mother’s side) is one whose mother is same as the deceased’s, but father is different. It’s also called Step Sister.
- Half sister (on Mother’s side) inherits as Ashab-ul-Furd, if she is entitled.
- Uterine Sister share’s is identified in Quran when deceased is Kalala.
- General rule of male inherits twice as female doesn’t apply to Half sister (on Mother’s side)
Half sister (on Mother’s side)’s share table is following:
UTERINE SISTER'S SHARES |
|
NO SHARE / EXCLUDED |
AS PRIMARY HEIR: (1/6 singly or 1/3 jointly) |
Depending on situation, Uterine Sister can be a heir as "Excluded" or as "Primary 1/6 or 1/3": | |
Half sister (on mother’s side) gets No share, if deceased has:
i.e. decease is not Kalala |
Half sister (on mother’s side) shares as Primary Heir, if there is::
If there is only One Half Sister (on mother’s side) she gets 1/6, if there are more than one Half Sisters or Half Brothers (on mother’s side) then they share 1/3 jointly. |
- Half Brother (s) and Half Sister (s) on mother’s side are excluded if deceased has,
- If deceased has Father, Son, Son’s Son (however low in hierarchy
- If deceased has Father or Real Grandfather (however high in hierarchy)
Half-Brother on mother’s side (Uterine Brother)
- Uterine Brother has the same mother but different fathers. Its also called Step Brother.
- Uterine Brother inherits as Ashab-ul-Furd, if he is entitled.
- Uterine Brother share’s is identified in Quran when deceased is Kalala.
- General rule of male inherits twice as female doesn’t apply to Half sister (on Mother’s side)
- Uterine Brother share as Ashab-ul-Furd, while Full Brother and Half Brother (on father’s side) share as Asabah (Priority 3 Residuaries)
Half sister (on Mother’s side)’s share table is following:
UTERINE BOTHER'S SHARES |
|
NO SHARE / EXCLUDED |
AS PRIMARY HEIR: (1/6 singly or 1/3 jointly) |
Depending on situation, Uterine Brother can be a heir as "Excluded" or as "Primary 1/6 or 1/3": | |
Half brother (on mother’s side) gets No share, if deceased has:
i.e. decease is not Kalala |
Half brother (on mother’s side) shares as Primary Heir, if there is::
If there is only One Half Brother (on mother’s side) he gets 1/6, if there are more than one Half Sisters or Half Brothers (on mother’s side) then they share 1/3 jointly. |
- Half Brother (s) and Half Sister (s) on mother’s side are excluded if deceased has,
- If deceased has Father, Son, Son’s Son (however low in hierarchy
- If deceased has Father or Real Grandfather (however high in hierarchy).
Al-himariyyah (الحمارية) Case: Full Brother and Uterine Brothers
- This is a famous cased known as Al-Himariyyah (donkey) case or famously referred to as “our father is stone cast into the sea..” case or Al-Hajariyyah (the stone) case. This case was decided by Umar ibn Al-Khattab (ra), however, later jurists have disagreed with Caliph Umar.
- Heirs are: Deceased woman left behind a Husband, 1 Mother, 2 Uterine Brothers, and 2 Full Brothers.
- Based on Hanafi/Hanabli fiqh this case is decided as follows:
- Mother gets 1/6 and Husband gets 1/2
- Uterine Brother and Sister inherits 1/3 jointly (1/6 each)
- Full Brothers gets residue. But since there is no residue, they are left with nothing!
- Umar bin Khattab decided this case as following:
- Background: A Deceased woman left behind a Husband, 1 Mother, 2 Uterine Brothers, and 2 Full Brothers. Umar bin Khattab (ra) first decided that Husband gets 1/2, Mother gets 1/6, 2 Uterine Brothers gets 1/3. The Full Brothers are entitled to remaining residue but since there is no residue, they get nothing.
- Two full brothers argued that even if the father was a donkey (Himar) or a stone cast into the sea and they have no paternal relationship, they still had the same and equal relationship with the deceased as the Uterine Brothers through the same “Mother”.
- Umar bin Al-Khattab (ra) reconsidered and made the final verdict as Husband gets 1/2, Mother gets 1/6, 2 Uterine Brothers gets 1/6 and 2 Full Brothers get 1/6 (hence they share 1/3 equally)
- Al-Himariyyah rule doesn’t apply to Consanguine brother/sister (as they don’t have same mother)
- Al-Himariyyah rule override principle of Asabah (male / female gets same share)
- Jurist considers it’s unfair that Full Brothers (who are closer relative to deceased) gets nothing while uterine brother gets a share.
- Hence, some of highly respected Companions of Prophet (ﷺ) including Umar bin Al-Khattab, Uthman bin Affan, Abdullah bin Masud, Zaid bin Thabit, as well as Imam Malik and Imam Shafii (may Allah be pleased with all of them) adopted a rule (now well known as Al-Himariyyah Rule) that when there is Uterine siblings inheriting with full siblings, they all share 1/3 portion equally.
- Two famous jurists, Imam Abu Hanifa and Imam Ahmed bin Hanbal did not adopt Al-Himariyyah Rule. They argued that Ashab-ul-Furud has priority and secondly Al-Himariyyah Rule goes against Quran one two counts:
- Quran states that two or more Uterine Siblings should get 1/3 (which they don’t get under Al-Himariyyah Rule), and
- In case of Full Brother and Full Sisters male should get twice as much as female, which doesn’t happen in case of Al-Himarriyah Rule, where Full Brother/Sister inherits equally.
- They argued that Quran’s rule must be left unchanged, even if under some circumstances the Umar bin Khattab’s ruling was sound.
Al-Mukhtasarah (المختصرة) case: Full Sister and Consanguine Brother/Sister
- Al-Mukhtasarah (المختصرة) means abridged.
- Full Brother excludes Consanguine Brother and Consanguine Sister.
- However, Full Sister doesn’t not completely exclude C/Brother and C/Sister rather she is restricted to her own share of 1/2. If there is anything left after 1/2 then C/brother and C/Sister takes it. This situation is termed as المختصرة (abridged).
Children:
Daughter(s)
Daughter’s share is clearly identified in Quran:
يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ فَإِن كُنَّ نِسَاء فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ
4:11 Allah commands you as regards your childrens (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half.33
- Only the legitimate daughter is considered as primary heir.
- Daughter is a primary heir and she always gets a share in inheritance (expect any legal impediment blocks him). They inherit as a primary heir with fixed share or as a residuary.
- Adopted child, foster child etc are all excluded from Mirath (inheritance) in Shariah.
- Adultery and fornication (Zina) is forbidden in Islam, hence, no inheritance is given to illegitimate child.
- Daughter can share in 3 ways:
- 1/2 As Primary Heir: if she is only daughter and there is no son.
- 2/3 As Primary Heir: if deceased has more than one daughter then they share 2/3
- As Residuary - Al-Asabah bighayriha (عصبة بغيرها): if deceased has both son(s) and daughter(s), then daughter becomes Al-Asabah bighayriha (عصبة بغيرها) and their share is half of son (فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ). i.e. male:female ratio is 2:1.
- Whole estate: if she is the sole heir she gets the whole estate (hanafi/shafii fiqh)
- Based on hanafi/shafii fiqh she gets 1/2 as primary heir and 1/2 as Al-Radd.
Daughter’s share table is following:
DAUGHTER'S SHARES |
||
AS PRIMARY HEIR: (1/2) |
AS PRIMARY HEIR: (2/3) |
AS SECONDARY (RESIDUARY) HEIR - Al-Asabah bighayriha (عصبة بغيرها): (Ratio 1:2) |
Depending on situation, Daughter can be a heir as "Primary 1/2", as "Primary 2/3", as "Secondary 1:2 Ratio", or "Sole Heir whole estate": | ||
Daughter gets 1/2, if there is:
|
Daughter jointly share 2/3, if there is:
The maximum joint share for daughter(s) and son’s daughter(s) (however low in hierarchy) is 2/3. |
Daughter(s) becomes residuary when.
The ratio in this situation is 2:1 [male 2: female 1] |
- Daughter can totally exclude (حجب حرمان) other potential heirs when he is present at inheritance, these include:
- Two or more daughters can exclude Son’s Daughter (however low in hierarchy), except if Son’s son is also present.
Son's Daughter(s)
- Granddaughter (s) (Son’s Daughter) shares as Ashab-ul-Furud when there is no Daughter of the deceased. Then they share in the place of Daughter (s).
- If Son is present, then Granddaughter is excluded.
- Granddaughter (Son’s Daughter) inherits either as Ashab-ul-Furd or as Asabah (Residuary), if she is entitled.
Granddaughter (Son’s Daughter) share table is following:
SON'S DAUGHTER'S SHARES |
||
Excluded / No Share |
AS PRIMARY HEIR: (2/3) |
AS SECONDARY (RESIDUARY) HEIR - Al-Asabah bighayriha (عصبة بغيرها): (Ratio 1:2) |
Depending on situation, Daughter can be a heir as "Excluded, No Share", as "Primary 1/2 or 2/3", as "Secondary 1:2 Ratio": | ||
Grand Daughter gets no share, if deceased:
|
Grand Daughter shares as primary heir, if deceased has:
If there is No Daughter, then If there is only one Grand Daughter (son’s daughter) she gets 1/2, if there are more than one Grand Daughters then they share 2/3 jointly. If there is One Daughter and Grand Daughters, then max share for all of them is 2/3, where Grand Daughters get fixed share of 1/6. If there are two or more daughters, then Granddaughters are excluded. |
Grand Daughter becomes residuary when
The ratio in this situation is 2:1 [male 2: female 1] |
- Granddaughter (Son’s Daughter) are excluded if deceased has,
- If deceased Son
- If deceased has two or more daughters
Son(s)
Son(s) - Residuary
- Please note that Son is not part of Ashab-ul-Furud, and no fixed share is defined for him in Quran.
- However, He always gets a share in inheritance (expect any legal impediment blocks him).
- He gets his share as a Residuary as he is not mentioned in Quran with any fixed share, rather he is mentioned in context of daughter, e.g. ratio of 2:1.
- Quran did not explicitly spell out a fixed share for son. Hence, he is gets his share after all the heirs with fixed share are allocated e.g. father, mother, spouse etc. Then son gets the residue, and if there are daughters, she shares residue with daughter with ratio of 2:1.
يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ فَإِن كُنَّ نِسَاء فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ
4:11 Allah commands you as regards your childrens (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half.34
- Hence, Son minimum share is twice as much as daughters’. And he also gets remainder of residue after distributing shares to Ashab-ul-Furud.
- Only the legitimate son is considered as a heir.
- Adopted child, foster child etc are all excluded from Mirath (inheritance) in Shariah.
- Adultery and fornication (Zina) is forbidden in Islam, hence, no inheritance is given to illegitimate child.
- Son always gets his share as a Residuary. After all the primary heirs with fixed share have been given their allotted share, then the residue is given to the son.
- If there is a daughter, then son and daughter both shares as Residuaries.
- General rule that Male gets twice as female applies. If there is daughter, son gets twice as much share as daughter.
- If son is the sole heir, then he takes the whole state.
- Son can totally exclude (حجب حرمان) other potential heirs when he is present at inheritance, these include:
- All grandchildren (however low in hierarchy)
- All siblings and their descendants (however low in hierarchy)
- All uncles and their descendants (however low in hierarchy)
- Any other farther relative (Dhuwul-Arhams)
FOOTNOTES
- Quran, Chapter 4:11 – An-Nisa [The Women]
- According to Ibn Abbas (ra) Three or more brothers are necessary to reduce the mother’s share to 1/6 because Quran use plural form of brother (إِخْوَةٌ) rather than dual form.. “… if the deceased left brothers (or sisters), the share of the mother is one-sixth..” Quran 4:11
- Sunnan Abu Dawood, Sunnan Ibn Majah
- Quran, Chapter 4:12 – An-Nisa [The Women]
- Quran, Chapter 4:12 – An-Nisa [The Women]
- Quran, Chapter 4:176 – An-Nisa [The Women]
- Mawdudi states: There is disagreement about the meaning of the word kalalah. According to some scholars, it means one who dies leaving neither issue nor father nor grandfather. According to others, it refers to those who die without issue (regardless of whether succeeded by either father or grand father). On this question 'Umar remained undecided up to the last. But the majority of jurists accept the opinion of Abu Bakr that the former meaning is correct. The Qur'an also seems to support this, for here the sister of the kalalah has been apportioned half of the inheritance whereas, had his father been alive, the sister would not have inherited from him at all. -- Tafheem
(For relevant traditions on the subject see the commentary on this verse by Ibn Kathir. For legal discussion on the question see the commentaries of Jassas and Qurtubi)
- Quran, Chapter 4:11 – An-Nisa [The Women]
- Quran, Chapter 4:11 – An-Nisa [The Women]