Sunday, 12 April 2015

Fara'idh, Distribution of Inheritance, according to Shari'ah

بِسۡمِ ٱللهِ ٱلرَّحۡمَـٰنِ ٱلرَّحِيمِ

Fara’idh is a field of fiqh dealing with inheritance, a topic prominently dealt with in the Qur'an.  There are only three verses that directly address it.


Allah (thus) Directs you as regards your children's (inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half.  For parents a sixth share of the 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 and debts.  Ye know not whether your parents or your children are nearest to you in benefit.  These are settled portions Ordained by Allah; and Allah is All-Knowing All-Wise.  In what your wives leave, your share is a half, if they leave no child; but if they leave a child, ye get a fourth; after payment of legacies and debts.  In what ye leave; their share is a fourth, if ye leave no child; but if ye leave a child, they get an eighth; after payment of legacies and debts.  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 legacies and debts; so that no loss is caused (to anyone).  Thus is it Ordained by Allah and Allah is All-Knowing, Most Forbearing. (Surah an-Nisa’:11-12)

  
They ask thee for a legal decision.  Say: Allah Directs (thus) about those who leave no descendants or 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 (between them): if there are brothers and sisters, (they share), the male having twice the share of the female.  Thus doth Allah Make Clear to you (His Law) lest ye err.  And Allah hath Knowledge of all things. (Surah an-Nisa’:176)

When a Muslim dies, before the estate is parcelled out, there are three duties which need to be performed.  They must first pay funeral expenses, settle outstanding debts and execute the testamentary will of the deceased which can only be a maximum of one third of the property.  Only then can the executors distribute the remainder of estate and property to the relatives of the deceased according to shari’ah.

It is necessary to determine the relatives of the deceased who are entitled to inherit, and their shares.  These laws take greater prominence in Islam because of the restriction placed on the testator, a person who makes a will.  Shari’ah places two restrictions on the testator: To whom he or she can bequeath his or her wealth and the amount that he or she can bequeath, which must not exceed one third of the overall wealth.

There are different types of heirs.  Heirs referred to as primary heirs are always entitled to a share of the inheritance.  They can never be totally excluded.  These primary heirs consist of the spouse relict, both parents, the sons and the daughters.  All remaining heirs can be totally excluded by the presence of other heirs.  Under certain circumstances, other heirs can also inherit as residuaries, namely the father, paternal grandfather, daughter, agnatic granddaughter, full sister, consanguine sister and mother.  Those who inherit are usually confined to three groups: quota heirs, members of the residuaries and the Bayt al-Mal.

Quota heirs, dzawu al-fara’idh, usually include daughters, parents, grandparents, husband and wives, brothers and sisters, and others.  This group usually take a designated share or quota of the estates.  Members of the ‘aswabah, residuaries, are usually a combination of male and sometimes female relatives that inherit as residuaries after the shares of the quota heirs are distributed.  In cases where a person leaves no direct relatives and there is no ‘uswabah, his property goes to the state treasury, Bayt al-Mal.

In shari’ah, only relatives with a legitimate blood relationship to the deceased are entitled to inherit.  Illegitimate and adopted children have no shares in inheritance.  In general, a full brother will exclude a consanguine brother, but not uterine brother.  In a case where a deceased man leaves a pregnant woman, the unborn child's share will be reserved.  Also a woman during the time of ‘iddah, the waiting after divorce is considered as a wife of the deceased for purposes of inheritance.

There are even further rules of exclusion and inclusion of different relatives.  The only practical situations which may cause disqualification are differences of religion and homicide.  But the madzahib of fiqh differed whether a Muslim can inherit from a non-Muslim or not.  All the jurists agree that intentional or unjustifiable killing would exclude a person form inheritance.

The following is a table of wealth distribution of the deceased according to shari’ah.  To use this table, one should first ascertain whether the deceased left a wife or husband, and if she or he survived, should look under the appropriate heading.  Only in default of either should search be made under the children, parents and the various appropriate headings, and then in the order given in the first margin.  In each instance, it is supposed that there are no nearer relations than those named.

WIFE
Wife and no relations: 1/4 to the wife and 3/4 to the Bayt al-Mal.

Wife and son or sons: 1/8 to the wife and the rest to the son or equally among the sons.

Wife, son and daughter: 1/8 to the wife, 7/12 to the son and 7/24 to the daughter.  The daughters in such case being residuaries with the son.

Wife, two sons and two daughters: 1/8 to the wife, 7/24 to each son and 7/48 to each daughter.  The daughters in such case being residuaries with the son.

Wife and one daughter: 1/8 to the wife, 1/2 to the daughter and 3/8 to the Bayt al-Mal.

Wife and daughters: 1/8 to the wife, 2/3 to the daughters and 5/24 to the Bayt al-Mal.

Wife, daughter and one son’s son: 1/8 to the wife, 1/2 to the daughter and the rest to the son’s son.

Wife, daughters and one son’s son: 1/8 to the wife, 2/3 to the daughters equally, and the rest to son’s son.

Wife, daughter, one son’s son and one son’s daughter: 1/8 to the wife, 1/3 to the daughter, 1/4 to the son’s son and 1/8 to the son’s daughter.  The son’s daughters being residuary with the son’s son.

Wife, daughter and son’s daughters: 1/8 to the wife, 1/2 to the daughter, 1/6 to the son’s daughters equally and the rest to the Bayt al-Mal.

Wife, daughters and one son’s daughter: 1/8 to the wife, 2/3 to the daughters equally and the rest to the Bayt al-Mal.

Wife, daughter and three full brothers: 1/8 to the wife, 1/2 to the daughters and 1/8 to each brother.

Wife, daughters and two paternal uncles: 1/8 to the wife, 2/3 to the daughters equally and 5/48 to each uncle.

Wife, daughters and four true grandmothers: 1/8 to the wife, 2/3 to the daughters equally and 1/6 to the grandmothers equally and the rest to the Bayt al-Mal.

Wife, son and father: 1/8 to the wife, 1/4 to the father, the rest to the son.

Wife, daughter and mother: 1/8 to the wife, 1/6 to the mother and ½ to the daughter and the rest to the Bayt al-Mal.

Wife, daughters, father and mother: 3/27 to the wife, 4/27 each to the father and the mother and 16/27 to the daughters.  This is the principle of awl.

Wife, father and mother: 1/4 to the wife, 1/2 to the father and 1/4 to the mother.  The mother gets 1/3 of 3/4, that is, after deducting the wife’s share.  This follows a fatwa of ‘Umar ibn al-Khaththab (r.a.).

Wife, four full brothers and two full sisters: 1/4 to the wife, 6/40 to each brother and 3/40 to each sister.  The brothers and the sisters are residuaries.

Wife, four true grandmothers and two paternal uncles: 1/4 to the wife, 1/24 to each grandmother and 7/24 to each uncle.

Wife, mother and true grandmother: 1/4 to the wife, 1/3 to the mother and the residue 5/12 to the true grandmother.

Wife, mother, full sister, and uterine brother and sister, consanguine brother and consanguine sister: 3/15 to the wife, 2/15 to the mother, 6/15 to the full sister and 4/15 equally between the uterine brother and uterine sister.  The consanguine brother and consanguine sister get no shares.  This is also an example of awl.

Wife, mother and two sons: 1/8 to the wife, 1/6 to the mother and residue 34/48 equally to the sons.

Wife, daughter and two paternal uncles: 1/8 to the wife, 1/2 to the daughter and the residue 6/16 to the uncles equally.

Wife, uterine sister, four sons of brother and son of uncle: 1/8 to the wife, 1/6 to the uterine sister and the residue 28/48 to the sons of the brother equally.  The son of the uncle gets nothing.

Wife, mother and sister: 3/13 to the wife, 4/13 to the mother and 6/13 to the sister.  This is an example of the principle of awl.

Wife, mother and two sisters: 3/13 share to the wife, 2/13 share to the mother and 8/13 shares to the sisters equally.  This is an example of awl.

Wife, two daughters and fathers mother: 1/8 to the wife, 2/3 equally to the daughters, 1/6 to the mother and the residue 1/24 to the Bayt al Mal.

HUSBAND
Husband and no relations: 1/s to the husband and the balance to the Bayt al-Mal.

Husband and son or sons: 1/4 to the husband and the rest to the son or equally among the sons.

Husband, son and daughter: 1/4 to the husband, 1/2 to the son, 1/4 to the daughter.

Husband, two sons and two daughters: 1/4 to the husband, 1/4 to each son and 1/8 to each daughter.

Husband and one daughter: 1/4 to the husband, 1/2 to the daughter and the rest to the Bayt al-Mal.

Husband and daughters: 1/4 to the husband, 2/3 to the daughters and the rest to the Bayt al-Mal.

Husband, daughter and one son’s son: 1/4 to the husband, 1/2 to the daughter and the rest to son’s son.

Husband, daughters and one son’s son: 1/4 to the husband, 2/3 to the daughters equally and 1/12 to the son’s son.

Husband and father: 1/2 to the husband and 1/2 to the father.

Husband, daughter, one son’s son and one son’s daughter: 1/4 to the husband, 1/2 to the daughter, 2/12 to the son’s son and 1/12 to the son’s daughter.  The son’s son and son’s daughter are residuaries.

Husband, daughter and three full brothers: 1/4 to the husband, 1/2 to the daughter and the rest to the brothers equally.

Husband, daughters and two paternal uncles: 1/4 to the husband, 2/3 to the daughters equally and 1/12 to the uncles equally.

Husband, daughter and true grandmothers: 1/4 to the husband, 1/2 to the daughter, 1/6 to the grandmothers equally, and the rest to the Bayt al-Mal.

Husband, son and father: 1/4 to the husband, 1/6 to the father and rest to son.

Husband, daughter and father: 1/4 to the husband, 1/2 to the daughters and the rest to the father.

Husband, daughters and mother: 3/13 to the husband, 2/13 to the mother and 8/13 to the daughters equally.  This is an example of awl.

Husband, daughters, father and mother: 3/15 to the husband, 8/15 to the daughters and 2/15 each to the father and the mother.  This is an example of awl.

Husband, daughter, mother, father, son’s son and son's daughter: 6/13 to the father, 3/13 to the husband, 2/13 to the mother and 2/13 to the father.  The son’s son and son’s daughter are excluded.  This is an example of awl.

Husband, daughter and paternal uncle: 1/4 to the husband, 1/2 to the daughter and 1/4 to the paternal uncle.

Husband, daughter, son’s daughter and two full sisters: 1/4 to the husband, 1/2 to the daughter, 1/6 to the son’s daughter and 1/12 shared equally among the sisters.  In this case, the daughter and son’s daughter get their Qur’anic shares, while the sister takes as residuary.

Husband, daughter, son’s daughter, one full sister and one consanguine sister: 1/4 to the husband, 1/2 to the daughter, 1/6 to the son’s daughter and 1/12 to the full sister.  The consanguine sister gets nothing.  In this case, the daughter and son’s daughter get their Qur’anic shares, while the sister takes as residuary.

Husband, daughter, son’s daughter and two uterine sisters: 1/4 to the husband, 1/2 to the daughter, 1/6 to the son’s daughter, and the rest to the Bayt al-Mal.

Husband, daughter, father, mother, son’s son and son’s daughter: 3/13 to the husband, 6/13 to the daughter, and 2/13 each to the father and the mother.  This is an example of awl.

Husband, father and mother: 1/2 to the husband, 1/6 to the mother and the rest to the father.  The mother gets 1/3 of 1/2, that is, after deducting the husband’s share.

Husband, father, mother and two daughters: 3/15 share to the husband, 2/15 to the father, 2/15 to the mother and 8/15 to the daughters equally.  This is an example of awl.

Husband, mother and three full sisters: 1/2 to the husband, 1/6 to the mother and 2/3 to the sisters equally.

Husband, mother, full sister, consanguine sister: 3/8 to the husband, 1/8 to the mother, 3/8 to the full sister and 1/8 to the consanguine sister.  This is an example of awl.

Husband, two full brothers and three full sisters: 1/2 to the husband, 2/14 to each brother and 1/14 to each sister.  The brothers and sisters are residuaries.

Husband, mother, full brother and two uterine sisters: 1/2 share to the husband, 1/6 to the mother and the balance of 1/3 between the two uterine sisters and the full brother.  This is the case of himariyyah or musharakah.  The full brother and the uterine sisters share the 1/3 share.

Husband and daughters of two daughters: 1/2 to the husband and the rest to the Bayt al-Mal.

Husband, mother, sister and grandfather: 3/9 to the husband, 2/9 to the mother, 4/27 to the sister and 8/27 to the fathers’ father.

Husband, mother, grandfather, one consanguine brother and one or more uterine brothers: 1/2 to the husband, 1/6 to the mother, 1/6 to the grandfather and 1/6 to the consanguine brother.  The uterine brother is excluded.

SONS & DAUGHTERS

One son and no other relations: All to the son.

One daughter only: 1/2 to the daughter and the rest to the Bayt al-Mal.

Daughters: 2/3 to the daughters equally and the rest to the Bayt al-Mal.

Sons and daughters: Equally between all sons and daughters, but such that the share of each son is double that of each daughter.

One son and son’s son or son’s daughters: All to the son.

One son and father, or mother: 1/6 to the father or the mother, and the rest to the son.

One son, father and mother: 1/6 to each father and mother, and the rest to the son.

One daughter and son’s son: 1/2 to the daughter, and the rest to the son’s son.

One daughter, son’s son and son’s daughter: 1/2 to the daughter, 2/6 to the son’s son and 1/6 to the son’s daughter.

Daughters and son’s son: 2/3 to the daughters equally and the rest to the son’s son.

One daughter, one son’s daughter, and one full brother: 1/2 to the daughter, 1/6 to the son’s daughter, and the rest to the full brother.

Daughters, one son’s daughter and one full brother: 2/3 to the daughter and the rest to the full brother.

Daughters and son’s daughters: 2/3 to the daughter and the rest to the Bayt al-Mal.  The son’s daughters are excluded unless there is a lineal male descendant of the same or lower degree.

Daughter and father: 1/2 to the daughter and 1/2 to the father; 1/6 as Qur’anic heir and 1/3 as agnatic heir.

Daughters and father: 2/3 to the daughters equally and the rest to father.

Daughters, son’s daughters and father: 2/3 to the daughter, and the rest to the father.  There is a doubt whether the son’s daughters, who are excluded as Qur’anic heirs, are nevertheless entitled to take as residuaries together with the agnatic ascendant or collateral.

One daughter, father and mother: 1/2 to the daughter, 1/6 to the mother, and the rest to the father

One daughter, mother, four full brothers: 1/2 to the daughter, 1/6 to the mother, 1/12 to each brother.

One daughter and mother: 1/2 to the daughter, 1/4 to the mother and the rest to the Bayt al-Mal.

Daughters and mother: 2/3 to the daughters equally, 1/5 to the mother and the rest to the Bayt al-Mal.

Daughters, father, mother and son’s son: 2/3 to the daughters equally, 1/6 each to the father and the mother, and nothing to the son’s son, there being no residue.

Daughters and four paternal uncles: 2/3 to the daughters equally and 1/22 to each uncle

Daughter or son’s daughter and full or consanguine sister: 1/2 to the daughter or son’s daughter, and 1/2 to the full or consanguine sister.

Daughters or son’s daughters, and full or consanguine sisters: 2/3 to the daughters or son’s daughter, and 1/3 to the full or consanguine sister.

Daughters, four true grandmothers and six paternal uncles: 2/3 to the daughters equally, 1/6 to the grandmothers equally, meaning 1/24 each; and 1/36 to each uncle.

Two daughters, one consanguine sister and one brother’s son: 2/3 to two daughters and 1/3 to the sister.  The brother’s son gets nothing.

Two daughters, a son’s daughter and a son’s son: 2/3 to the daughters, 1/9 to the son’s daughter and 2/9 to the son’s son.  In all these cases, as there are two daughters, the son’s daughter cannot inherit as Qur’anic heir.  She therefore takes as an agnatic heir and shares the residue with the lower son’s son.

Two daughters, a son's daughter and a son’s son’s son: 2/3 to the daughters, 1/9 to the son’s daughter and 2/9 to the son’s son.  In all these cases, as there are two daughters, the son’s daughter cannot inherit as Qur’anic heir.  She therefore takes as an agnatic heir and shares the residue with the lower son’s son.

Two daughters of a son, daughter of son’s son, and son of son’s son’s son: 2/3 to the daughters equally, 1/9 to the daughter of son’s son and 2/9 to son of son’s son’s son.  As there is a ‘nearer’ daughter, the share of the son’s son’s daughter is 1/6, that is, the remainder of the 2/3 share of the daughters.

Son’s daughter, daughter’s son and brother: 1/2 share to the son’s daughter and 1/2 share to the brother.   The daughter’s son gets nothing.

Son’s sons and son’s daughters of the same degree: Equally between son’s son and son’s daughters but such that the share of each of the former is double of each of the latter.  The son’s daughter is a residuary with an equal share to the son’s son.

Son’s daughters and son’s son’s son: 2/3 to the son’s daughters, and the rest to the great-grandsons equally.

Son’s daughter and son’s son’s daughter: 1/2 to the son’s daughter and 1/6 to the son’s son’s daughter and the rest to the Bayt al-Mal.  As there is a ‘nearer’ daughter, the share of the son’s son’s daughter is 1/6, that is, the remainder of the 2/3 share of the daughters.

FATHER & MOTHER

Father and no other relations: All to the father.

Father and mother: 2/3 to the father and 1/3 to the mother

Father, full brothers and sisters: All to the father.

Father, mother, three son’s daughters: 1/6 to the father, 1/6 to the mother and 2/3 to the three son’s daughters in equal shares.

Father, mother, daughter, four son’s daughters: 1/6 to the father, 1/6 to the mother, 1/2 to the daughter and 1/6 to the son’s daughters in equal shares.

Father, mother, two son’s daughters and son’s son’s daughter: 1/6 to the father, 1/6 to the mother and 2/3 to the son’s daughters in equal shares.  The son’s son’s daughter is excluded by the two son’s daughters.

Father, mother, son’s daughter, son’s son’s daughter: 1/6 to the father, 1/6 to the mother, 1/2 to the son’s daughter and 1/6 to the son’s son’s daughter; the son’s daughter and son’s son’s daughter share the Qur’anic share of two or more daughters.

Mother and no other relations: 1/3 to the mother and the rest to the Bayt al-Mal.

Mother, and full brothers: 1/6 to the mother, the rest to the brothers equally.

Mother, full brother and uterine brother: 1/3 to the mother, 1/6 to the uterine brother, and the rest to the full brother.

Mother and full sisters: 1/6 to the mother, 2/3 to the sisters equally and the rest to the Bayt al-Mal.

Mother, full sister, and consanguine brother and sister: 1/6 to the mother, 1/2 to the full sister, and the rest to consanguine brother and sister but such that the former receives double the share of the latter.

Mother, full sisters, and consanguine brother and sister: 1/6 to the mother, 2/3 to the full sisters equally, and the rest as in in the preceding examples.

Mother, two full sisters, a consanguine sister and a uterine sister or brother: 1/6 to the mother, 2/3 equally among the sisters, and 1/6 to the uterine sister or brother; the consanguine sister is excluded by two full sisters.

Mother, consanguine sisters and uterine sister: 1/6 to the mother, 2/3 to the consanguine sisters equally, and 1/6 to the uterine sister.

Mother and paternal uncles: 1/3 to the mother, 2/3 to the paternal uncles equally.


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