PRINCIPLES REGARDING THE DISTRIBUTION OF DESEASED ESTATE AMONG LEGAL HERIS:

1-ASHAB-UL-FURUD ( ؤفؾبة ا فٌشوك ) OR OBLIGATORY (PRIMARY HEIRS)

Ashab-ul-Furud or Primary Heirs (ؤفؾبة ا فٌشوك ) means “possessors of obligatory share”. These are the family members with fixed shares whose share is exclusively set by Quran. All together there are twelve primary heirs, nine are mentioned by Quran and three are added by Fuqaha using Qiyas (Analogy) and Ijma.

Each of these heirs are entitled for their fixed share, however, the actual share may fluctuate depending upon number of inheritors. The fixed shares for these primary heirs are as follows:

1/2

• Husband (if no child),
• Daughter (if only one),
• Full Sister
• Half-Sister on Mother‟s side

1/4 

• Husband (if with child),
• Wife (if no child)

1/8

• Wife (if with child)

2/3         

• Daughters (if more than one)
• Daughter of Son (however low in chain, e.g. grand daughters),
• Full Sister (if more than one)
• Half-Sister on Mother‟s side (if more than one)

1/3 

• Mother (if there are no child or their descendants)
• Half Brother on Mother‟s side
• Half-Sister on Mother‟s side

1/6

• Father or True Grand Father (if there is no son)
• Mother (if there are child or their descendants) or True Grand Mother (if there is no mother)
• Daughter of Son (if they share with Daughter),
• Half Brother on Father‟s side
• Half-Sister on Father‟s side

EXPOSITIONS OF SHARES

SHARES OF PARENTS:

Parent‟s share is clearly identified in Quran:

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. (4:11)

 

1    FATHER SHARE

 

• If the deceased have son or son‟s son (however low in hierarchy), then the father will get 1/6 as primary heir.
• If the deceased has no children or no descendants from son, then father will receive inheritance as residuary after paying to the other primary heirs.
• if he is the sole heir he gets the whole estate

 

2     MOTHER SHARE:

 Mother is primary heir and she always gets a fixed inheritance share (expect any legal impediment blocks him).

 

• Mother gets 1/6, if there is Child, or Son‟s Son (however low in hierarchy), or Son‟s Daughter (however low in hierarchy) or Two or more full/half siblings,
• Mother gets 1/3, if there is No Child, or No Son’s Son (however low in hierarchy), or
• if she is the sole heir she gets the whole estate (hanafi/shafii fiqh)

 

3    SHARES OF GRANDPARENTS:

REAL GRANDMOTHER (PATERNAL/MATERNAL GRANDMOTHER):

 Grandmother‟s share is identified in Sunnah:Narrated Buraydah, Allah‟s Prophet (PBUH) appointed 1/6 to grandmother if no mother was left to inherit before her

• Grandmother no share, if there is Mother.
• Grandmother gets 1/6, if there is No Mother.

REAL GRANDFATHER (PATERNAL GRANDFATHER):

• Grandfather will get father‟s share, 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 may be totally excluded if father is alive. Similarly, Great grandfather is totally excluded if grandfather is alive, and so on.

 

4.     SHARE OF SPOUSE:

       A-  HUSBAND SHARE:

• Husband gets 1/2, if there is No Child, and No Son‟s Son (however low in hierarchy), and No Son‟s Daughter (however low in hierarchy)
• Husband gets 1/4, if there is a Child, or Son‟s Son (however low in hierarchy), or  Son‟s Daughter (however low in hierarchy).

 

      B. WIFE(VES) / WIDOW’S SHARE”

• Wife gets 1/4, if there is No Child or No Son‟s Son (however low in hierarchy) or No Son‟s Daughter (however low in hierarchy)
• Wife gets 1/8, if there is a Child or Son‟s Son (however low in hierarchy) or Son‟s Daughter (however low in hierarchy)
• If there is more than one wife (widows), then they all share in allotted entitlement (1/8 or 1/4).

 

5- SHARES OF SIBLINGS: (BROTHER (S) AND SISTERS(S))

    FULL SISTER(S) AND BROTHERS

    FULL SISTER(S)

• Full Sister shares as Primary Heir, if deceased is Kalala (no ascendents and no decesndants of deceased exists)
• Sister she gets 1/2, if there are more than one full sisters then they share 2/3 jointly. Residuary and will gets half of full brother’s share.

 

     FULL BROTHER (S) – RESIDUARY

• Full Brother gets No share, if deceased has has Father, or Son, or  Son‟s Son (how ever low in the hierarchy) or Real Grandfather (however high in the hierarchy
• Full Brother gets shares as residuary, if deceased is Kalala

 

   (CONSANGUINE SISTER AND BROTHER):

   

    HALF-SISTER(S) ON FATHER'S SIDE

 

     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) gets No share, if deceased has Father, or Son, or Son‟s Son (how ever low in the hierarchy), or Real Grandfather (however high in the hierarchy)
• Half sister (on father’s side) shares as Primary Heir, if there is no Half Brother (from father‟s side) or Full Sister(s) or Daughter or Son‟s Daughter (however low in).

 

      HALF-BROTHER (S) ON FATHER'S SIDE)

       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 (s) and Sister gets the share if the deceased was Kalala.

 

        UTERINE SISTER: (HALF-SISTER(S) ON MOTHER'S SIDE)

        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) shares as Primary Heir, if there is Kalala

 

• 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 on mother’s side (Uterine Brother)

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)

 

Half Brother (on mother’s side) shares as Primary Heir,

• 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 hierarchy) – hanafi only, or i.e. decease is not Kalala (on mother‟s side) then they share 1/3 jointly.

 

CHILDREN:

 

1. DAUGHTER(S)

 

“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” (4:11)

 

• 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
• Whole estate: if she is the sole heir she gets the whole estate (hanafi/shafii fiqh)

 

 

 

SON(S)

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.

 

 

AL-ASABAT  RESIDUARIES (SECONDARY HEIRS

 

“Residuaries”, are of two categories:

1. Blood relation
2. Special cause

 

Residuaries inherits whatever remains (the residue) of the estate after the fixed sharers (or Primary Heirs) have been allotted their share, as mentioned by the Prophet (PBUH).

 

BLOOD RELATIVE:

In Shariah, Blood Relative consists of all male agnates and four specified female agnates.

 

Male Residuaries: Agnate relatives of the deceased are those between whom and the deceased no female intervenes. All residuaries are related to the deceased through male.

 

Female Residuaries: four females are also included that are all connected through a male agnate, i.e., Daughter, Daughter of Son (however low), full sister, consanguine sister.

Exception: some heirs who normally inherit as primary heir can be converted into residuaries under certain circumstances

 

 

SPECIAL CAUSE :

Special cause are following:

1. By special reason
2. By contract
3. Distant kindred
4. Acknowledged kinsman