inheritance in islam

















Inheritance of siblings

Uterine brother
  1. He receives 1/6 of the estate when alone or in the presence of other heirs who do not exclude him.

Son, grandson (or his descendant), daughter, granddaughter through a son, father and paternal grandfather (or his ascendant) EACH excludes uterine brother (rule 19).

  1. Two or more uterine brothers share 1/3 of the estate equally.

Uterine sister

  1. She is given 1/6 of the estate if she is the only heir or in the presence of other heirs who do not exclude her. Note that rule 19 also applies to her.
  2. Two or more uterine sisters share 1/3 of the estate equally.

Uterine brother(s) and sister(s)
A combination of uterine brother(s) and sister(s) share 1/3 of the estate EQUALLY. The general rule of a male having double the share of a female does not apply to them.

The uterine sibling we recall has the same mother but different father with the deceased. Similarly, any individual that will inherit from his mother only is considered a uterine. For instance, a woman ‘W’ has a son ‘A’ outside wedlock. (Islam does not encourage this. This is just a hypothetical example IN CASE it happens; nevertheless, appropriate punishment applies).  She then marries ‘X’ and gave birth to a daughter ‘B’. Unfortunately, ‘X’ denies her paternity through li’an. The marriage did not work out, so they divorced. Later, she marries ‘Y’ who already has a wife ‘Z’ with a son, ‘P’. As the second wife, ‘W’ is blessed with two daughters, ‘C’ and ‘D’. So, what happens if:

a) ‘Y’ dies?
His two wives, ‘Z’ and ‘W’ will share 1/8 equally while the children, ‘P’, ‘C’ and ‘D’ are to distribute the residue in a ration of 2 to 1 to 1 (2:1:1).

b) ‘W’ passes on when the status quo remains (i.e. ‘Y’ is absent)?
Her four children, ‘A’, ‘B’, ‘C’ and ‘D’ share the whole estate in a ratio of 2 to 1 to 1 to 1 (2:1:1:1).

c) ‘C’ dies (given that ‘Y’ and ‘W’ are absent)?
Her uterine brother and sister, ‘A’ and ‘B’ gets 1/3 of the estate which they will share equally; her full sister ‘D’ is given ½ and the residue goes to ‘P’, the consanguine brother (Inheritance of full sister and consanguine brother shall be discussed shortly).

d) ‘P’ is absent?
His mother ‘Z’ inherits 1/3 and his surviving consanguine sister ‘D’ is given ½.

e) ‘A’ passes on?
‘B’ and ‘D’, his uterine sisters share 1/3 equally.

Full brother

  1. He inherits the whole estate if he is the only heir
  2. In the presence of other heirs who do not exclude him, he receives the residue.
  3. Two or more full brothers share the whole estate equally if they are the only heirs or distribute the residue equally in the presence of other heirs.

Son, grandson or his descendant and father each excludes full brother (rules 15, 16, 17).

Full sister
            Like a daughter, she is entitled to:

  1. ½ of the estate when alone or in the presence of other heirs who do not exclude her.
  2. Two or more full sisters share 2/3 of the estate equally if they are the only heirs or in the presence of other heirs who do not exclude them.

The same heirs that exclude full brother are the ones that exclude full sister.

  1. When a full sister is inheriting along with daughter(s), granddaughter(s) through son(s) or a combination of daughter and granddaughter(s) through son(s), she receives residue of the estate. In this situation, she acts as a full brother and excludes whomsoever he excludes.
  2. Two or more full sisters inheriting along with daughter(s), granddaughter(s) through son(s) or a combination of daughter and granddaughter(s) through son(s), share the residue in equal proportions.

Note that granddaughter(s) can only inherit along with a single daughter in view of the fact that they cannot exhaust the 2/3 maximum share of daughters. Hence, in the presence of two or more daughters who receive 2/3, granddaughter(s) will be excluded. That is why the combinations in 3 and 4 above are both that of (a single) daughter and granddaughter(s).

Full brother(s) and full sister(s)

  1. A combination of full brother(s) and full sister(s) share the whole estate in a ratio of 2 to 1 if they are the only heirs.
  2. In the presence of other heirs who do not exclude them, they share the residue in the same proportion (i.e. 2:1).

Consanguine brother

  1. He inherits the whole estate if he is the only heir.
  2. In the presence of other heirs who do not exclude him, he receives the residue.
  3. Two or more consanguine brothers share the whole estate equally if they are alone or distribute the residue equally when other heirs who do not exclude them are present.

Remember that any heir that excludes full brother automatically excludes all other members of alpha which consanguine brother is a member. Thus, son, grandson or his descendant and father each excludes consanguine brother. In addition, full brother excludes consanguine brother (rule 8).   

Consanguine sister

  1. When she is the only heir or in the presence of other heirs who do not exclude her, a single consanguine sister gets ½ of the estate while two or more consanguine sisters inherit 2/3.

A consanguine sister is excluded by those who exclude consanguine brother. She is also excluded by two or more full sisters (rule 6). One full sister does not exclude her (rule 5).

  1. When inheriting along with daughter(s), granddaughter(s) through son(s) or a combination of daughter and granddaughter(s), a consanguine sister is given the residue of the estate. Two or more consanguine sisters share the residue equally.

Consanguine brother(s) and consanguine sister(s)

  1. A combination of consanguine brother(s) and consanguine sister(s) distribute the whole estate in a proportion of 2 to 1 when they are the only heirs.
  2. In the presence of other heirs who do not exclude them, they receive the residue and share in a ratio of 2 to 1.

Full sister(s), consanguine brother(s) and consanguine sister(s)
In the presence or absence of other heirs, whenever they are not excluded, the following apply:

  1. One full sister, one consanguine brother: Full sister = ½; consanguine brother = residue. Residue means ½ in the absence of other heirs or the leftover after other heirs have received their shares.
  2. One full sister, more than one consanguine brother: Full sister = ½; consanguine brothers share the residue equally.
  3. One full sister, one consanguine sister: Full sister = ½; consanguine sister = 1/6.
  4. One full sister, more than one consanguine sister: Full sister = ½; consanguine sisters share 1/6 equally.
  5. More than one full sister, one consanguine brother: Full sisters = 2/3; consanguine brother = residue.
  6. More than one full sister, more than one consanguine brother: Full sisters = 2/3; consanguine brothers share the residue equally.
  7. More than one full sister, any number of consanguine sisters: Full sisters = 2/3; consanguine sisters get nothing.
  8. One full sister, any number of consanguine brothers, any number of consanguine sisters: Full sister = ½; consanguine brothers and sisters share the residue in a ratio of 2 to 1.
  9. More than one full sister, any number of consanguine brothers, any number of consanguine sisters: Full sister = 2/3; consanguine brothers and sisters share the residue in a 2 to 1 ratio.

Full brother, consanguine brother(s), consanguine sister(s)
Full brother excludes consanguine brother (rule 8) and by extension, consanguine sister. So, in the presence of at least a full brother, whether he is inheriting alone or along with full sister, consanguine brother(s) and sister(s) receive nothing.



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inheritance of grandparents
Inheritance of grandparents



residuaries
Residuaries ('Asabah)