Inheritance Law in Islam

Inheritance Law in Islam

As the main source of Islamic law, the Quran outlines general guidelines for Muslims to follow when dividing the estate of a deceased relative. The formulas are based on a foundation of fairness, ensuring the rights of each individual family member. In Muslim countries, a family court judge may apply the formula according to unique family makeup and circumstances. In non-Muslim countries, mourning relatives are often left to figure it out on their own, with or without the advice of Muslim community members and leaders.
The Quran only contains three verses that give specific guidelines on inheritance (Chapter 4, verses 11, 12 and 176). The information in these verses, together with the practices of the Prophet Muhammad, allow modern scholars use their own reasoningto expand on the law into great detail. The general principles are as follows:
Fixed Obligations
As with other legal systems, under Islamic law, the deceased’s estate must first be used to pay funeral expenses, debts, and other obligations. What remains is then divided amongst heirs. The Quran says: “…of what they leave, after any bequest they may have made, or debt” (4:12).
Writing a Will
Writing a will is recommended in Islam. The Prophet Muhammad once said: “It is the duty of a Muslim who has anything to bequeath not to let two nights pass without writing a will” (Bukhari).
Especially in non-Muslim lands, Muslims are advised to write a will to appoint an Executor, and to affirm that they wish their estate to be distributed according to Islamic guidelines. It is also advisable for Muslim parents to appoint a guardian for minor children, rather than relying on non-Muslim courts to do so.
Up to one-third of the total assets may be set aside for payment of a bequest of one’s choice. The beneficiaries of such a bequest may not be “fixed heirs” - family members who inherit automatically according to the divisions outlined in the Quran (see below). Making a bequest to someone who already inherits a fixed share would unfairly increase the share of that individual over the others. One may, however, bequest to individuals who are not one of the fixed heirs, other third parties, charitable organizations, etc. The personal bequest cannot exceed one-third of the estate, without unanimous permission from all of the remaining fixed heirs, since their shares would need to be reduced accordingly.
Under Islamic law, all legal documents, especially wills, must be witnessed. A person who inherits from a person cannot be a witness to that person’s will, as it is a conflict of interest. It is recommended to follow the laws of your country/location when drafting a will so that it will be accepted by the courts after your death.
Fixed Heirs: Closest Family Members
After accounting for personal bequests, the Quran explicitly mentions certain close family members who inherit a fixed share of the estate. Under no circumstances can these individuals be denied their fixed share, and these amounts are calculated directly after the first two steps are taken (obligations and bequests).
It is not possible for these family members to be “cut” out of a will because their rights are outlined in the Quran and cannot be taken away regardless of family dynamics. The “fixed heirs” are close family members including husband, wife, son, daughter, father, mother, grandfather, grandmother, full brother, full sister, and various half-siblings.
Exceptions to this automatic, “fixed” inheritance include disbelievers – Muslims do not inherit from non-Muslim relatives, no matter how close, and vice versa. Also, a person who is found guilty of homicide (either intentional or unintentional) will not inherit from the deceased. This is meant to discourage people from committing crimes in order to benefit financially.
The share that each person inherits depends on a formula which is described in Chapter 4 of the Quran. It depends on the degree of relation, and the number of other fixed heirs. It can become quite complicated. This document describes the division of assets as it is practiced among South African Muslims.
For help with specific circumstances, it is wise to consult with an attorney who specializes in this aspect of Muslim family law in your particular country. There are also online calculators (see below) that attempt to simplify the calculations.
Residual Heirs: Distant Relatives
Once the calculations are done for the fixed heirs, the estate may have a remaining balance. The estate is then further divided to “residual heirs” or more distant relatives. These may include aunts, uncles, nieces, and nephews, or other distant relatives if no other living close relatives remain.
Men vs. Women
The Quran clearly states: “Men shall have a share in what parents and kinsfolk leave behind, and women shall have a share in what parents and kinsfolk leave behind” (Quran 4:7). Thus, both men and women may inherit.
Setting aside portions of inheritance for women was a revolutionary idea at its time. In ancient Arabia, like in many other lands, women were considered part of the property and were themselves to be shared among purely male heirs. In fact, only the eldest son used to inherit everything, depriving all other family members of any share. The Quran abolished these unjust practices and included women as inheritors in their own right.
It is commonly known and misunderstood that “a female gets half of what a male gets” in Islamic inheritance. This over-simplification ignores several important points.
The variations in shares have more to do with degrees of family relation, and the number of inheritors, rather than a simple male vs. female bias. The verse that stipulates “a share for a male equal to that of two females” applies only to when children are inheriting from their deceased parents.
In other circumstances (for example, parents inheriting from a deceased child), the shares are equally divided between males and females.
Scholars point out that within the complete economic system of Islam, it makes sense for a brother to get double the shares of his sister, as he is ultimately responsible for her financial security. The brother is required to spend some of that money on his sister’s upkeep and care; this is a right she has against him that can be enforced by Islamic courts. It is fairness, then, that his share is larger.
Spending Prior to Death
It is recommended for Muslims to consider long-term, ongoing acts of charity throughout their lives, not just waiting until the end to distribute whatever money may be available. The Prophet Muhammad was once asked, “Which charity is the most superior in reward?” He replied:
The charity which you give out while you are healthy and are afraid of poverty and wish to become wealthy. Do not delay it to the time of approaching death and then say, ‘Give so much to so-and-so, and so much to so-and-so.
There is no need to wait until the end of one’s life before distributing wealth to charitable causes, friends, or relatives of any kind. During your lifetime, your wealth may be spent however you see fit. It is only after death, in the will, that the amount is capped at 1/3 of the estate in order to protect the rights of legitimate heirs.
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KITAB AL-FARA'ID (THE BOOK PERTAINING TO THE RULES OF INHERITANCE)

INTRODUCTION

Inheritance is the entry of living persons into possession of dead persons'property and exists in some form wherever the institution of private property is recognised as the basis of the social and economic system. The actual forms of inheritance and the laws governing it, however, differ according to the ideals of different societies.
The law of inheritance in Islam is based upon five main considerations:
⦁ To break up the concentration of wealth in individuals and spread it out in society.
⦁ To respect the property right of ownership of an individual earned through honest means.
⦁ To hammer in the consciousness of man the fact that man is not the absolute master of wealth he produces but he is its trustee and is not,therefore, authorised to pass it on to others as he likes.
⦁ To consolidate the family system which is the social unit of an Islamic society.
⦁ To give incentive to work and encourage economic activity as sanctioned by Islam.
In the pre-Islamic world and even in modern societies the law of inheritance has so many evils in it, which may be summed up in the following points:
⦁ Women had been completely denied the share of inheritance. They were rather regarded as part of the property of the deceased and, therefore,their right to property by inheritance was out of question.
⦁ In pre-Islamic Arabia and other countries where there had been tribal societies not only women were deprived of the right of inheritance but even weak and sick persons and minor children were given no share in it, as the common principle of inheritance was that he alone is entitled to inherit who wields the sword.
⦁ Then in certain societies there had been existing the law of primogeniture and it exists even today in some of the so-called civilised parts of the world which entitles only the eldest son to inherit the whole of the father's property or to get the lion's share.
Islam introduced so many reforms in the laws of inheritance which can be succinctly summed up as follows.
⦁ It defined and determined in clear-cut terms the share of each inheritor and imposed limits on the right of the property-owner to dispose of his property according to his whim and caprice.
⦁ It made the female, who had been prevously thought a chattel, the co-sharer with the male and thus not only restored her dignity, but safeguarded her social and economic rights.
⦁ It laid the rules for the break-up of the concentrated wealth in the society and helped in its proper and equitable distribution amongst a large number of persons.
⦁ It gave a death-blow to the law of primogeniture and thus provided the democratic basis for the division of the property of the deceased.
The above are some of the distinguishing features of the Islamic law of inheritance. While laying down the rules for the distribution of the estate of the deceased,the first principle to be observed is that the property both movable and immovable can be distributed after meeting the following obligations :
⦁ funeral expenses;
⦁ clearing off the debts incurred by the deceased;
⦁ payment of bequest, if any, to the extent of one-third of the total assets. It may be remembered that the Mahr of the wife, if it had not been paid, is included in the debt. Moreover, it is not lawful to make a bequest in favour of a person who is entitled to a share in the inheritance.
Four persons cannot get inheritance:
(a) a fugitive slave who has fled away from his master,
(b) one who has murdered one's predecessor intentionally or unintentionaly
(c) one who professes a religion other than Islam,
(d) one living in Dar-ul-Harb cannot inherit the property of one living in Dar-ul-Islam and vice versa.
According to Islam, the heirs have been divided into three classes.
(A) Dhaw-u'l-Fara'id are those persons who have a right to definite shares in assets left by the deceased. These sharers are twelve in number; four males: father, grandfather, uterine brothers and husband; and eight females: wife, single daughter, son's daughter, mother, grandmother, full sister, consanguine sister, uterine sister.
⦁ Father's share is one-sixth when the deceased leaves a son or a son's son, but if the deceased is not survived by a son or grandson his father will, in addition to this share (one-sixth), also get a share of being 'Asaba.
⦁ The grandfather's share is like that of father's share but in three conditions:
⦁ According to Imam Bukhiri and Imam Muslim, the presence of father deprives even the brothers of their share in the inheritance.but this is not the case with the grandfather. Imam Abu Hanifa is of the opinion that the presence of grandfather deprives the brother of his share in the inheritance.
⦁ If the father of the deceased is alive, then the share of the mother is of what is left from the share of the wife of the deceased. The presence of grandfather does not reduce the share of the mother of the deceased.
⦁ The grandmother of the deceased has no share in the presence of the father of the deceased but she has a share in the presence of the grandfather.
⦁ The third set of sharers are uterine brothers and sisters. They are entitled to one-sixth if their number is one, and one-third if they are more than one.
⦁ The husband's share is one-half of the property of the deceased wife if she has no children, but in case of children it is one-fourth.
⦁ The wife is entitled to one-fourth if the husband dies childless; otherwise it is one-eighth.
⦁ Real daughter: one-half when alone, and two-thirds if more than one. If the deceased is survived by a male child also. the daughters are then treated as Asaba and the male child would get double of what falls to the lot of daughters. The granddaughters stand on the same level as daughters. But in case the deceased is survived by one real daughter and one or more than one granddaughter they would get one-sixth. The granddaughter is not entitled to any share if the deceased is survived by a son, but if he is survived by grandsons and granddaughters, they would be treated as 'Asaba and the male grandchild would get double of what goes to the female grandchild.
⦁ Full sister gets one-half if she is alone, and two-thirds if they are more than one.
⦁ Consanguine sister is entitled to one-half if one, and two thirds if more.
⦁ Mother is entitled to one-sixth when she has a child or grandchild, and in case of being childless she gets one-third of the share.
⦁ If the deceased is survived either by paternal grandmother or maternal grand- mother or even by both, they are entitled to one-sixth. The grandmother (maternal) is deprived of her share if the mother of the deceased is alive; and if father is alive the paternal grandmother is deprived of this share.
(B) When the heirs of the first group have received the respective shares, the residue of the assets falls to the share of those relatives who are called Asaba which, according to the Shari'ah, implies those relatives in whose line of relationship no female enters. This is the second group of inheritors.
There is no fixed share of the 'Asabat. If the deceased is not survived by any Dhaw-u'l-Fara'id, the whole of the property falls to their share; and If Dhaw-u'I.Fara'id are there to get their due share, the residue will be taken by the Asabat. The following are the 'Asabat:
⦁ Son: He is the first to get the residue in order of succession. The daughters are entitled to half of the share as given to the son. The grandsons are not entitled to any share in the presence of the son. If the son is not living, then the grandson is entitled to a share in the inheritance. If there are more than one son, the inheritance will be distributed equally amongst them.
⦁ The father, grandfather and the great-grandfather are included in the category of Dhaw-u'l-Fara'id. If, however, the deceased is not survived by category of a son, grandson of great-grandson, then the father will fall under the category of 'Asaba, and, in the absence of the father, the grandfather assumes that position.
⦁ If the deceased is not survived by son, or grandson or father or grandfather, i.e. none amongst the 'Asabat, then the brother, and in the absence of brother his son, and in the absence of son, his grandson will be entitled to share in the inheritance as 'Asaba and the female would also join them in share claiming half of the share as compared with male.
⦁ If unfortunately the deceased is survived by none of the above-mentioned relatives amongst the 'Asabat, then consanguine brother will be entitled to share in the inheritance and he will be preferred to full brother's son.
⦁ Then comes the turn of full paternal uncle.
(C) The last category of inheritors are known ad Dhaw-u'l Arham, i.e. relations connected through females, but it is in extremely rare cases that they get any share in the inheritance. The following relatives come under this category.
⦁ The son of the daughter and daughter of the daughter.
⦁ The son of the daughter of the son, and daughter of the daughter of the son and their children.
⦁ Maternal grandfather, maternal grandfather of the father, the grandfather of the mother, maternal grandfather of the mother, the grandmother of the mother, the children of the sisters, the sisters of the father and those of the mother, etc.

Chapter 1 : GIVE THE INHERITANCE TO THOSE ENTITLED TO IT
Book 11, Number 3928:
Usama b. Zaid reported Allah's Messenger (may peace be upon him) as saying: A Muslim is not entitled to inherit from a non-Muslim, and a non-Muslim is not entitled to inherit from a Muslim.
Book 11, Number 3929:
Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) as saying: Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir.
Book 11, Number 3930:
Ibn 'Abbas (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) as saying: Give the shares to those who are entitled to them, and what is left from those wno are entitled to it goes to the nearest male heir.
Book 11, Number 3931:
Tawus reported on the authority of his father Ibn Abbas (Allah be pleased with them) narrating that Allah's Messenger (may peace be upon him) said: Distribute the property amongst Ahl al-Fara'id, according to the Book of Allah, and what is left out of them goes to the nearest male heir.

Chapter 2 : THE LAW OF INHERITANCE IN REGARD TO AL-KALALA (THE PERSON WHO DIES LEAVING NO CHILD OR PARENT)
Book 11, Number 3932:
Jabir b. 'Abdullah (Allah be pleased with them) reported: I fell sick and there came to me on foot Allah's Messenger (may peace be upon him) and Abu Bakr for inquiring after my health. I fainted. He (the Holy Prophet) performed ablution and then sprinkled over me the water of his ablution. I felt some relief and said: Allah's Messenger, how should I decide about my property? He said nothing to me in response until this verse pertaining to the law of inheritance was revealed: "They ask you for a decision ; say: Allah gives you a decision concerning the person who has neither parents nor children" (iv. 177).
Book 11, Number 3933:
Jabir b. 'Abdullah (Allah be pleased with him) reported: Allah's Apostle(may peace be upon him) and Abi Bakr (Allah be pleased with him) visited me on foot in Banu Salama, and found me unconscious. He (the Holy Prophet) called for water and performed ablution and sprinkled out of it (the water) over me. I felt relieved. I said: Allah's Messenger, what should I do with my property? And this verse was revealed: "Allah enjoins you concerning your children: for the male is equal of the portion of two females."
Book 11, Number 3934:
Jabir b. 'Abdullah (Allah be pleased with them) reported: While I had been ill Allah's Messenger (may peace be upon him) visited me and Abu akr (Allah be pleased with him) was with him, and they both came walking on foot. He (the Holy Prophet) found me unconscious. Allahs Messenger (may peace be upon him) performed ablution and then sprinkled over me the water of his ablution. I felt relieved regained my consciousness) and found Allah's Messenger (may peace be upon him) there. I said:Allah's Messenger, what should I do with my property ? He gave me no reply until the verse (iv. 177) relating to the law of inheritance was revealed.
Book 11, Number 3935:
Jabir b. Abdullah (Allah be pleased with him)reported: Whilo I was ill Allah's Messenger (may peace be upon him) came to me and found me unconscious. He(the Holy Prophet) performed ablution, and sprinkled over me the water of his ablution. I regained my consciousness and said: Allah's Messenger, my case of inheritance is that of Kalala. Then the verse pertaining to the inheritance ( of Kalala) was revealed. I (one of the narrators) said: I said to Muhammad b. Munkadir: (Do you mean this verse) "They ask you ; say: Allah gives you decision in regard to Kalala" (iv. 177) ? He said: Yes, it was thus revealed.
Book 11, Number 3936:
This hadith is transmitted on the authority of Shu'ba but with a slight variation of words.
Book 11, Number 3937:
Abu Talha reported: 'Umar b. al-Khattab (Allah be pleased with him) delivered a sermon on Friday and made a mention of Allah's Apostle (may peace be upon him) and he also made a mention of Abu Bakr (Allah be pleased with him) and then said: I do not leave behind me any problem more difficult than that of Kalala. I did not refer to Allah's Messenger (may peace be upon him) more repeatedly than in case of the problem of Kalala, and he (the Holy Prophet) never showed more annoyance to me than in regard to this problem, so much so that he struck my chest with his fingers and said: 'Umar, does the verse revealed in summer season, at the end of Sura al-Nisa' not suffice you ? Hadrat 'Umar (then) said : If I live I would give such verdict about (Kalala) that everyone would be able to decide whether he reads the Qur'an or he does not.
Book 11, Number 3938:
This hadith has been narrated on the authority of Qatada with the same chain of transmitters.

Chapter 3 : THE LAST VERSE REVEALED WAS THAT PERTAINING TO KALALA
Book 11, Number 3939:
Al-Bara' (Allah be pleased with him) reported that the last verse revealed in the Holy Qur'an is: "They ask thee for a religious verdict; say: Allah gives you a religious verdict about Kalala (the person who has neither parents nor children)"(iv 177).
Book 11, Number 3940:
Abu Ishaq said that he heard al-Bara' b. 'Azib (Allah be pleased with him say: The last verse revealed (in the Holy Quran) is that pertaining to Kalala, and the last sura revealed is Sura al-Bara'at.
Book 11, Number 3941:
Abu Ishaq said that he heard al-Bara' b. 'Azib (Allah be pleased with him)say : The last complete sura revealed (in the Holy Qur'an) is Sura Tauba (i e. al-Bara'at, ix.), and the last verse revealed is that pertaining to Kalala.
Book 11, Number 3942:
Aba Ishaq reported this hadith on the authority of al-Bara' (Allah be pleased with him) with a slight variation of words, viz. the last sura that was revealed complete.
Book 11, Number 3943:
Al-Bara' (Allah be pleased with him) reported that the last verse revealed was: "They ask of thee religious verdict . . " (iv. 177).

Chapter 4 : HE WHO LEAVES BEHIND PROPERTY, THAT IS FOR THE HEIRS
Book 11 ,Number 3944:
Abu Huraira (Allah be pleased with him) reported that when the body of a dead person having burden of debt upon him was brought to Allah's Messenger(may peace be upon him) he would ask whether he had left property enough to clear off his debt, and if the property left had been sufficient for that (purpose), he observed funeral prayer for him, otherwise he said (to his companions): You observe prayer for your companion. But when Allah opened the gateways of victory for him, he said: I am nearer to the believers than themselves, so if anyone dies leaving a debt, its payment is my responsibility, and if anyone leaves a property, it goes to his heirs.
Book 11, Number 3945:
This hadith has been narrated on the authority of al-Zuhri through another chain of transmitters.
Book 11, Number 3946:
Abn Huraira (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) having said this: By Him in Whose Hand is the life of Muhammad, there is no believer on the earth with whom I am not the nearest among all the people. He who amongst you (dies) and leaves a debt, I am there to pay it, and he who amongst you (dies) leaving behind children I am there to look after them. And he who amongst You leaves behind property, that is for the inheritor whoever he is.
Book 11, Number 3947:
Hammam b. Munabbih reported: This is what Abu Huraira (Allah be pleased with him) narratted to us from Allah's Messenger (may peace he upon him). And he narrated many ahadith, and one was this: Allali's Messenger (may peace be upon him said: I am, according to the Book of Allah, the Exalted and Majestic, nearest to the believers of all the human beings. So whoever amongst you dies in debt or leaves behind destitute children, you should call me (for help)), for I am his guardian. And who amongst you leaves property, his inheritor is entitled to get it, whoever he is.
Book 11, Number 3948:
Abu Huraira (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) as saying : He who leaves property, that is for the inheritors; and he who leaves behind destitute children, then it is my responsibility (to look after them).This hadith has been narrated on the authority of Shu'ba with the same chain of transmitters.

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Inheritance in Islam

The law of inheritance is called ‘I lmil-farâyied, or Ilmil-mirâth’ – i.e. science of obligations of inheritance. The verses in the Quran upon which the law of inheritance is founded begin at the 11th verse of Chapter 4 of the Quran. They are rendered as follows: -

“With regard to your children, God commands you to give the male the portion of two females, and if they be females more than two, then they shall have two-thirds of that which their father hath left: but if she be an only daughter, she shall have the half; and the father and mother of the deceased shall each of them have a sixth part of what he hath left, if he has a child; but if he has no child, and his parents be his heirs, then his mother shall have the third; and if he has brethren, his mother shall have the sixth, after paying the bequests he shall have bequeashed and his debts. As to your fathers or your children, ye know not which of them is the most advantageous to you. This is the law of God. Verily God is Knowing and Wise.”

“Half of what your wives leave shall be yours if they have no issue; but if they have issue, then a fourth of what they have shall be yours, after paying the bequests and debts.”

“And your wives shall have a fourth part of what ye leave if ye have no issue, but if ye have issue, then they shall have an eighth part of what ye leave, after paying the bequests and debts, if any.”

“If a man or woman makes a distant relation their heir, and he or she has a brother or a sister each of these two shall have a sixth : but if there are more than this, then shall they be sharers in a third after payment of the bequests and debts.” “Without loss to any one. This is the ordinance of God, and God is Knowing and Gracious.”

The foregoing general rules of inheritance are detailed in the following.

The property of a deceased Moslem is applicable, in the first place, to the payment of his funeral expenses; secondly to the discharge of his debts; and thirdly, to the payment of legacies as far as one-third of the residue. The remaining two-thirds with so much of the one-third as is not absorbed by legacies are the patrimony of the heirs. A Moslem is, therefore, disabled from disposing of more than one-third of his property by will.

The clear residue of the state descends to the heirs; and among these the first are persons for whom the law has provided certain specific shares or portions and who are thence denominated the sharers or Za-wul-farûd in Arabic.

In most cases, there must be a residue after the shares have been satisfied; and this passes to another class of persons who, under that circumstance, are termed residuaries or ‘asaba in Arabic.

It can seldom happen that the deceased should have no individual connected with him who would fall under these two classes; but to guard against this possible contingency, the law had provided another class of persons who, by reason of their remote position with respect to the inheritance, have been denominated “distant kindred” Zawul Arhâm in Arabic.

Gifts And Donations

During his lifetime a Moslem has absolute power over his property. He may dispose of it in whatever way he likes. But such dispositions, in order to be valid and effective, are required to have operation given to them during the lifetime of the owner. If a gift be made, the subject of the gift must be made over to the donee during the lifetime of the donor; he must, in fact, divest himself of all proprietary rights in it and place the donee in possession. To make the operation of the gift dependent upon the donor’s death would invalidate the donations. So also in the case of endowments for charitable or religious purposes. A disposition in favour of a charity, in order to be valid, should be accompanied by the complete divestment of all proprietary right. As regards testamentary dispositions, the power is limited to one-third of the property, provided that it is not in favour of one who is entitled to share in the inheritance. For example, the proprietor may devise by will one-third of his property to a stranger; should the device, however, relate to more than one-third, or should it be in favour of a legal heir, it would be invalid.

Points of Contact

A Moslem upon his death may leave behind him a numerous body of relations. In the absence of certain determinate rules, it would be extremely difficult to distinguish between the inheriting and the non-inheriting relations. In order to obviate this difficulty and to render it easy to distinguish between the two classes, it is the general rule and one capable of universal application, that when a deceased Moslem leaves behind him two relations, one of whom is connected with him through the other, the former shall not succeed while the intermediate person is alive. For example, if a person on his death leaves behind him a son son’s son, this latter will not succeed to his grandfather’s estate while his father is alive. Again if a person dies leaving behind him a brother’s son and a brother’s grandson and his own daughter’s son, the brother’s son, being a male agnate and nearer to the deceased than the brother’s grandson, takes the inheritance in preference to the others.

The law of inheritance is a science acknowledged even by Moslem doctors to be an exceedingly difficult object of study. Although it is not easy to follow it out in all its intricacies, a carefully drawn table on the Sunni law of inheritance is given hereinafter: -

A. – LEGAL HEIRS AND SHARERS

1. Father
As mere sharer, when there is a son or a son’s son, how low soever, he takes 1/6. As mere residuary, when no successor but himself, he takes the whole: or with a sharer, not a child or son’s child, how law soever, he takes what is left by such sharer. As sharer and residuary, as when there are daughters and son’s daughter but no son or son’s son, he, as sharer, takes 1/6; daughter takes 1/2, or two or more daughters 2/3; son’s daughter 1/6; and father the remainder.

2. True Grandfather
Father’s father, his father and so forth, into whose line of relationship to the deceased no mother enters, is excluded by father and excludes brothers and sisters; he comes into father’s place when no father; but does not, like father, reduce mother’s share to 1/3 of residue, nor entirely exclude paternal grandmother.

3. Half Brothers by Same Mother
They take, in the absence of children or son’s descendants and father and true grandfather one 1/6, two or more between them 1/3, being those who benefit by the “return”.

4. Daughters
When there are no sons, daughters take on 1/2 two or more 2/3 between them; with sons they become residuaries and take each half a son’s share, being in this case of those who benefit by the “return”.

5. Son’s Daughters
They take as daughters when there is no child; take nothing when there is a son or more daughters than one; take 1/6 when only one daughters; they are made residuaries of male cousin, how low soever.

6. Mother
The mother takes 1/6 when there is a child or son’s child, how low soever, or two more brothers or sisters of whole or half blood; she takes 1/3 when none of these: when husband or wife and both parents, she takes 1/3 of the remainder after deducing their shares, the residue going to father: if no father but grandfather, she takes 1/3 of the whole.

7. True Grandmother
Father’s or mother’s mother, how high soever; when no mother, she takes 1/6; ! if more than one, 1/6 between them. Paternal grandmother is excluded by both father and mother; maternal grandmother by mother only.

8. Full Sisters
These take as daughters when no children, son’s children how low soever, father, true grandfather or full brother; with full brother, they take half share of male; when daughters or son’s daughters, how low soever, but neither sons, nor brothers, the full sisters take as residuaries what remains after daughter or son’s daughter has had her share.

9. Half Sisters by Same Father
They take as full sisters, when there are none; with one full sister they take 1/6; when two full sisters, they take nothing, unless they have a brother who make them residuaries and then they take half a male’s share.

10. Half Sisters by Mother only
When there are no children or son’s children, how low soever, or father or true grandfather, they take one 1/6; two or more 1/3 between them.

11. Husband
If no child or son’s child, how low soever, he takes ½; otherwise ¼.

12. Wife
If no child or son’s child how low soever, she takes ¼; if otherwise, 1/8. Several widows share equally.

Corollary
All brothers and sisters are excluded by son, son’s son, how low soever, father or true grandfather. Half brothers and sisters on father’s side are excluded by these and also by full brother. Half brothers and sisters on mother’s side are excluded by any child or son’s child, by father and true grandfather.

B. – RESIDUARIES

I – Residuaries in their own right, being males into whose line of relationship to the deceased no female enters : -

(a) Descendants : -
1. Son.
2. Son’s son.
3. Son’s son’s son.
4. Son of No. 3.
(4a) Son of No. 4.
(4b) And so on how low soever.
(b) Ascendants : -
5. Father.
6. Father’s father.
7. Father of No. 6.
8. Father of No. 7.
(8a) Father of No. 8.
(8b) And so on how high soever.
(a) Collaterals : -
9. Full.
10. Half brother by father.
11. Son of No. 9.
12. Son of No. 10.
(11a) Son of No. 11.
(11a) Son of No. 12.
(11b) Son of No.11e.
(12b) Son of No.12a.
and so on how low soever.
13. Full paternal uncle by father.
14. Half maternal uncle by father.
15. Son of No. 13.
16. Son of No. 14.
(15a) Son of No.15.
(16a) Son of No.16.
17. Father’s full paternal uncle by father’s side.
18. Father’s half paternal uncle by father’s side.
19. Son of No. 17.
20. Son of No. 18.
(19a) Son of No.19.
(20a) Son of No.20.
21. Grandfather’s full paternal uncle by father’s side.
22. Grandfather’s half paternal uncle by father’s side.
23. Son of No. 21.
24. Son of No. 22.
(19a) Son of No.23.
(20a) Son of No.24.
and so on, how low soever.

Notes: -

(a) a nearer residuary in the above table is preferred to and excludes a more remote residuary.
(b) Where several residuaries are in the same degree, they take per capita not per stripes, i.e. they share equally. The whole blood is preferred to and excludes the half blood at each stage.

II – Residuaries in another’s right, being certain females, who are made residuaries by males parallel to them; but who, in the absence of such males, are only entitled to legal shares. These female residuaries take each half as much as the parallel male who makes them residuaries. The following four persons are made residuaries: -
(a) Daughters made residuary by son.
(b) Son’s daughter made residuary by full brother.
(c) Full sister made residuary by full brother.
(d) Half sister by father made residuary by her brother.

III – Residuaries in their own right, being males into whose line of relationship to the deceased no female enters : -

IV – Residuaries with another, being certain females who become residuaries with other females. These are: -
(a) Full sisters with daughters or daughter’s sons.
(b) Half sisters with father.

Notes: -

When there are several residuaries of different or classes, e.g. residuaries in their own right and residuaries with another, propinquity to deceased gives a preference, so that the residuary with another, when nearer to the deceased than the residuary in himself, is the first.

If there be residuaries and no sharers, the residuaries take all the property.

If there be sharers and no residuaries, the sharers take all the property by the doctrine of the “return.” Seven persons are entitled to the “return.” 1st. mother; 2nd, grandmother; 3rd, daughter; 4th, son’s daughter; 5th, full sister; 6th, half sister by father; 7th, half brother or sister by mother.

A posthumous child inherits. There is no presumption as to commorients, who are supposed to die at the same time unless there be proof otherwise.

If there be neither sharers nor residuaries, the property will go to the following class (distant kindred):

C. – DISTANT KINDRED

(ALL Relatives who are neither Sharers nor Residuaries)

CLASS 1.

Descendants : Children of daughters and son’s daughters:

1. Daughter’s son.
2. Daughter’s daughter.
3. Son of No. 1.
4. Daughter’s of No. 1.
5. Son of No. 2.
6. Daughter’s of No. 2 and so how low soever, and whether male or female.
7. Son’s Daughter’s son.
8. Son’s Daughter’s daughter.
9. Son of No. 7.
10. Daughter’s of No. 7.
11. Son of No. 8.
12. Daughter’s of No. 8, and so on how low soever and whether male or female.

Notes: -

(a) Distant kindred of Class 1 take according to proximity of degree; but when equal in this respect, those who claim through an heir, i.e. sharer or residuary, have a preference over those who claim through one who is not an heir.

(b) When the sexes of their ancestors differ, distribution is made having regard to such difference of sex, e.g. daughter of daughter’s son gets a portion double that of son of daughter’s daughter, and when the claimants are equal in degree but different in sex, males take twice as much as females.

CLASS 2.

Ascendants : False grandfathers and false grandmothers.
13. Maternal grandfather.
14. Father of No. 13, father of No. 14 and so on as high soever (i.e. all false grandfathers).
15. Maternal grandfather’s mother.
16. Mother of No. 15 and so on how high soever (i.e. all false grandmothers).

Notes:

Rules (a) and (b), applicable to Class 1, apply also to Class 2.

Furthermore, when the sides of relation differ, the claimant by the paternal sides gets twice as much as the claimant by the maternal.

CLASS 3.

Parents Descendants :

17. Full brother’s daughter and her descendants.
18. Full sister’s son.
19. Full sister’s daughters and their descendants, how low soever.
20. Daughter of half brother by father, and her descendants.
21. Son of half sister of father.
22. Daughter of half sister by father, and her descendants, how low soever.
23. Son of half brother by mother.
24. Daughter of half brother by mother, and her descendants, how low soever.
25. Son of half sister by mother.
26. Daughter of half sister by mother, and their descendants, how low soever.

Note: -

Rules (a) and (b), applicable to Class 1, apply also to Class 3. Furthermore, when two claimants are equal in respect of proximity, one who claims through a residuary is preferred to one who cannot so claim.

CLASS 4.

Descendants of the two grandfathers and the two grandmothers.
27. Full paternal aunt and her descendants, male or female, and how low soever.
28. Half paternal aunt and her descendants, male or female, how low soever.
29. Father’s half brother by mother and his descendants, male or female, how low soever.
30. Father’s half sister by mother and her descendants, male or female, how low soever.

Note: -

The sides of relations being equal, uncles and aunts of the whole blood are preferred to those of the half, and those connected by the same father only, whether males or females, are preferred to those connected by the same mother only. Where sides of relation differ, the claimant by paternal relation gets twice as much as the claimant by maternal relation. Where sides and strength of relation are equal, the male gets twice as much as the female.

General Rule. – Each of these classes as above mentioned excludes the next following class.

Note: -

In cases where there are no sharers, residuaries, or distant kindred to claim inheritance, the whole property of the deceased shall be gone over to the Public Treasury, i.e. The State.

Source: islamic-message.net

[1]) ) “Al-Sirajiyah” by Sirajud-din Mohammad, based on the Traditions of the Prophet on the subject, as collected by Zaid ibn Thabit, one of the earliest companions.
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