Importance of learning Islamic Law of inheritance & Practical Guide

**'Abdullah** · 08-10-2020

Bismillahi , WalHamdulillah , WasSalaatu wasSalaamu alaa Rasoolillah,

I am creating this thread with an intention to educate myself and other brothers and sisters in Islam on this sensitive topic of Inheritance in Islam. I will try to provide references to everything I quote specifically to the basis of rulings ( In Sha'a Allah), and if I make any mistakes please correct me.

When it comes to inheritance distribution, I have seen that this is something many Muslims don't practice. Often times, we end up giving preference to cultural traditions and customs and teachings of Islam are ignored. This is true in many cases but inheritance is more important because it directly relates to dealing with rights of our close relatives. For example, it is common that married couples write their will in a way which dictates giving everything to the surviving spouse after death when there are other beneficiaries. While it is assumed the surviving spouse will take care of the children with what he/she gets, this is not necessarily the case. The survivor may (and if it is a male, will likely quickly) get married. If the survivor also dies, the new spouse may be the beneficiary, accidentally disinheriting the children. The surviving spouse can also be sued or go through a financial calamity such as endure bankruptcy. Unfortunately, people unwittingly organize assets in a way that causes injustices upon death. Part of Islamic Inheritance is an awareness of how you own your wealth & hence seeking knowledge of inheritance law is important. In a hadith ( which is classified as weak due to its chain not due to its matan), Prophet (peace be upon him) encouraged to learn about the knowledge Inheritance and called it half of the knowledge ( the hadith is quoted below):

It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said:
“O Abu Hurairah. Learn about the inheritance and teach it, for it is half of knowledge, but it will be forgotten. This is the first thing that will be taken away from my nation.’”

حَدَّثَنَا إِبْرَاهِيمُ بْنُ الْمُنْذِرِ الْحِزَامِيُّ، حَدَّثَنَا حَفْصُ بْنُ عُمَرَ بْنِ أَبِي الْعَطَّافِ، حَدَّثَنَا أَبُو الزِّنَادِ، عَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏ "‏ يَا أَبَا هُرَيْرَةَ تَعَلَّمُوا الْفَرَائِضَ وَعَلِّمُوهَا فَإِنَّهُ نِصْفُ الْعِلْمِ وَهُوَ يُنْسَى وَهُوَ أَوَّلُ شَىْءٍ يُنْتَزَعُ مِنْ أُمَّتِي ‏"‏ ‏.‏

Grade: Da’if (Darussalam)
English reference: Vol. 4, Book 23, Hadith 2719
Arabic reference: Book 23, Hadith 2823
https://sunnah.com/urn/1271870

It is so true that knowledge of inheritance has been taken as we see that many Muslims even in Muslim majority countries have absolute no knowledge how inheritance system works. In most cases, either inheritance in never divided or is divided among male heirs unjustly or deceased will deprive off his/her heirs which he/she has no right to do with exception of only few cases. As a result, people keep resentments and ties of kinship are broken. If we only submit to Allah's commandments then perhaps we can end up fixing many issues in our society.

In another hadith, It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said:

A man may do the deeds of the people of goodness for seventy years, then when he makes his will, he is unjust in his will, so he ends (his life) with evil deeds and enters Hell. And a man may do the people of evil for seventy years, then he is just in his will, so he ends (his life) with good deeds and enters Paradise.
Abu Hurairah said: “Recite, if you wish: “These are the limits (set by) Allah (STW) up to His saying: 'a disgraceful torment'”

حَدَّثَنَا أَحْمَدُ بْنُ الأَزْهَرِ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ بْنُ هَمَّامٍ، أَنْبَأَنَا مَعْمَرٌ، عَنْ أَشْعَثَ بْنِ عَبْدِ اللَّهِ، عَنْ شَهْرِ بْنِ حَوْشَبٍ، عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏"‏ إِنَّ الرَّجُلَ لَيَعْمَلُ بِعَمَلِ أَهْلِ الْخَيْرِ سَبْعِينَ سَنَةً فَإِذَا أَوْصَى حَافَ فِي وَصِيَّتِهِ فَيُخْتَمُ لَهُ بِشَرِّ عَمَلِهِ فَيَدْخُلُ النَّارَ وَإِنَّ الرَّجُلَ لَيَعْمَلُ بِعَمَلِ أَهْلِ الشَّرِّ سَبْعِينَ سَنَةً فَيَعْدِلُ فِي وَصِيَّتِهِ فَيُخْتَمُ لَهُ بِخَيْرِ عَمَلِهِ فَيَدْخُلُ الْجَنَّةَ ‏"‏ ‏.‏ قَالَ أَبُو هُرَيْرَةَ وَاقْرَءُوا إِنْ شِئْتُمْ ‏{تِلْكَ حُدُودُ اللَّهِ}‏ إِلَى قَوْلِهِ {عَذَابٌ مُهِينٌ}‏
Grade: Hasan (Darussalam)

English reference: Vol. 3, Book 22, Hadith 2704
Arabic reference: Book 22, Hadith 2808

https://sunnah.com/urn/1270210

This is very scary warning. Imagine someone praying, fasting and doing everything right but ends up doing injustice when righting his/her will and thus entering into hell fire? Ignorance can't be an excuse for this action. We need to learn how inheritance system works in Islam and need to make sure we only do what Allah has commanded us to do. In Islam, inheritance goes to your son, your daughter, your husband, wife, parents and maybe others. This is not because you like them, you love them, they return your phone calls and so forth. They get inheritance because the Quran ordains they receive the specific inheritance they have a right to. This protects society and helps to keep the family ties.
At this point it is also important to know deep down that everything belong to Allah and this includes even our wealth. We need to understand that Allah is The Most Wise (Al-Hakeem), The Most Kind/compassionate/Merciful (Al-Rahman) and The Most Loving (Al-Wadud) and He is the only one who can truly do the justice. So even if the laws of inheritance may not makes sense to someone, we should know that these laws are given by The Most Wise (Al-Hakeem).

Allah says in the Quran:

يُرِيدُ ٱللَّهُ أَن يُخَفِّفَ عَنكُمْ وَخُلِقَ ٱلْإِنسَٰنُ ضَعِيفًا

Allah wishes to lighten (the burden) for you; and man was created weak. [Quran 4:28]

Our creator knows that we are weak and it is His Mercy that He guides us to what is the best for us in this world and Hereafter. It is part of His mercy that He has revealed the laws of Inheritance to the Muslims. Let's see what has been revealed by Allah in this regard:

يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَٰدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ فَإِن كُنَّ نِسَآءً فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِن كَانَتْ وَٰحِدَةً فَلَهَا ٱلنِّصْفُ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ فَإِن كَانَ لَهُۥٓ إِخْوَةٌ فَلِأُمِّهِ ٱلسُّدُسُ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِى بِهَآ أَوْ دَيْنٍ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا فَرِيضَةً مِّنَ ٱللَّهِ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًا

Allah commands ( gives you a beneficial advice) you as regards your children's (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. 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. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise. [Quran 4:11]

Let me emphasize on few important points:
Allah says that He gives us an advice which will benefit us. And towards the end of the above verse, Allah says that we have no knowledge who can benefit us from our relatives. We don't know who is going to die first and hence may benefit those who he/she will leave behind with his/her wealth. And it is only Allah who knows everything and who is The Most Wise. We can listen to the advise given by doctors because he know he has more knowledge in his field that us and we know whatever the doctor recommends is for our benefit. Why is then the case that we don't pay attention to the advice given by our Creator?
Let's look at the next verses:

4:13

تِلْكَ حُدُودُ ٱللَّهِ وَمَن يُطِعِ ٱللَّهَ وَرَسُولَهُۥ يُدْخِلْهُ جَنَّٰتٍ تَجْرِى مِن تَحْتِهَا ٱلْأَنْهَٰرُ خَٰلِدِينَ فِيهَا وَذَٰلِكَ ٱلْفَوْزُ ٱلْعَظِيمُ
These are the limits (set by) Allah (or ordainments as regards laws of inheritance), and whosoever obeys Allah and His Messenger (Muhammad Peace be upon him) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success.

4:14

وَمَن يَعْصِ ٱللَّهَ وَرَسُولَهُۥ وَيَتَعَدَّ حُدُودَهُۥ يُدْخِلْهُ نَارًا خَٰلِدًا فِيهَا وَلَهُۥ عَذَابٌ مُّهِينٌ
And whosoever disobeys Allah and His Messenger (Muhammad SAW), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.

Allah says that these are the limits established by Allah. Often times Hadud are mentioned for major sins and when Allah mentions His Hadud (limits/boundaries) then it is usually followed up with a punishment. And in this case, there is a glad tiding for those who act upon these commandments of Allah and a warning of severe punishment by Allah in the Hereafter. Allah describes that true success is in obedience to Allah and His messenger, it is not in getting more wealth and unjustly taking rights of others. This is almost the same message which is mentioned in the last hadith I quoted above.

I hope this highlights the importance of this important topic.

**'Abdullah** · 08-10-2020

RELEVANT ISSUES REGARDING WILL

When shall one write a will?
The answer is as soon as possible. Narrated `Abdullah bin `Umar:

Allah's Messenger (ﷺ) said, "It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him."

حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ، أَخْبَرَنَا مَالِكٌ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ ـ رضى الله عنهما ـ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ ‏ "‏ مَا حَقُّ امْرِئٍ مُسْلِمٍ لَهُ شَىْءٌ، يُوصِي فِيهِ يَبِيتُ لَيْلَتَيْنِ، إِلاَّ وَوَصِيَّتُهُ مَكْتُوبَةٌ عِنْدَهُ ‏"‏‏.‏ تَابَعَهُ مُحَمَّدُ بْنُ مُسْلِمٍ عَنْ عَمْرٍو عَنِ ابْنِ عُمَرَ عَنِ النَّبِيِّ صلى الله عليه وسلم‏.‏

Reference: Sahih al-Bukhari 2738
In-book reference: Book 55, Hadith 1
USC-MSA web (English) reference: Vol. 4, Book 51, Hadith 1
https://sunnah.com/bukhari/55/1

How much wealth can I will?
The answer is, no more than 1/3. Narrated Sa`d:

I fell sick and the Prophet (ﷺ) paid me a visit. I said to him, "O Allah's Messenger (ﷺ)! I invoke Allah that He may not let me expire in the land whence I migrated (i.e. Mecca)." He said, "May Allah give you health and let the people benefit by you." I said, "I want to will my property, and I have only one daughter and I want to will half of my property (to be given in charity)." He said," Half is too much." I said, "Then I will one third." He said, "One-third, yet even one-third is too much." (The narrator added, "So the people started to will one third of their property and that was Permitted for them.")

حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ الرَّحِيمِ، حَدَّثَنَا زَكَرِيَّاءُ بْنُ عَدِيٍّ، حَدَّثَنَا مَرْوَانُ، عَنْ هَاشِمِ بْنِ هَاشِمٍ، عَنْ عَامِرِ بْنِ سَعْدٍ، عَنْ أَبِيهِ ـ رضى الله عنه ـ قَالَ مَرِضْتُ فَعَادَنِي النَّبِيُّ صلى الله عليه وسلم فَقُلْتُ يَا رَسُولَ اللَّهِ ادْعُ اللَّهَ أَنْ لاَ يَرُدَّنِي عَلَى عَقِبِي‏.‏ قَالَ ‏"‏ لَعَلَّ اللَّهَ يَرْفَعُكَ وَيَنْفَعُ بِكَ نَاسًا ‏"‏‏.‏ قُلْتُ أُرِيدُ أَنْ أُوصِيَ، وَإِنَّمَا لِي ابْنَةٌ ـ قُلْتُ ـ أُوصِي بِالنِّصْفِ قَالَ ‏"‏ النِّصْفُ كَثِيرٌ ‏"‏‏.‏ قُلْتُ فَالثُّلُثِ‏.‏ قَالَ ‏"‏ الثُّلُثُ، وَالثُّلُثُ كَثِيرٌ أَوْ كَبِيرٌ ‏"‏‏.‏ قَالَ فَأَوْصَى النَّاسُ بِالثُّلُثِ، وَجَازَ ذَلِكَ لَهُمْ‏.‏

Reference: Sahih al-Bukhari 2744
In-book reference: Book 55, Hadith 7
USC-MSA web (English) reference: Vol. 4, Book 51, Hadith 7
https://sunnah.com/bukhari/55/7

What are rules for the will?
The answer is that will can't be made for someone who is already getting a share in inheritance. Nor it can deny anyone their due share. It can be used for others who do not get a share (orphan grandchild, non-Muslim family member, adopted child, step child/ parent, etc) or for charity. Narrated AbuHurayrah:

I heard the Messenger of Allah (ﷺ) say: Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.

حَدَّثَنَا عَبْدُ الْوَهَّابِ بْنُ نَجْدَةَ، حَدَّثَنَا ابْنُ عَيَّاشٍ، عَنْ شُرَحْبِيلَ بْنِ مُسْلِمٍ، سَمِعْتُ أَبَا أُمَامَةَ، سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ ‏ "‏ إِنَّ اللَّهَ قَدْ أَعْطَى كُلَّ ذِي حَقٍّ حَقَّهُ فَلاَ وَصِيَّةَ لِوَارِثٍ ‏"‏ ‏.‏

Grade: Hasan Sahih (Al-Albani)
Reference: Sunan Abi Dawud 2870
In-book reference: Book 18, Hadith 9
English translation: Book 17, Hadith 2864
https://sunnah.com/abudawud/18/9

When is "will" applicable?
Will is only applicable/ actionable AFTER death. It can be changed and updated again and again during life time of a person. The final version will be used.

What if someone makes a wrong will? (Such as using more than 1/3rd of wealth, making a will in favor of a heir who is already getting a share or denying share from legitimate heir)
Making a wrong will is a major sin. It should be corrected during life of the person, otherwise heirs should correct it after the death of the deceased.

It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said:
“A man may do the deeds of the people of goodness for seventy years, then when he makes his will, he is unjust in his will, so he ends (his life) with evil deeds and enters Hell. And a man may do the people of evil for seventy years, then he is just in his will, so he ends (his life) with good deeds and enters Paradise.”Abu Hurairah said: “Recite, if you wish: “These are the limits (set by) Allah (STW) up to His saying: 'a disgraceful torment'”

حَدَّثَنَا أَحْمَدُ بْنُ الأَزْهَرِ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ بْنُ هَمَّامٍ، أَنْبَأَنَا مَعْمَرٌ، عَنْ أَشْعَثَ بْنِ عَبْدِ اللَّهِ، عَنْ شَهْرِ بْنِ حَوْشَبٍ، عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏"‏ إِنَّ الرَّجُلَ لَيَعْمَلُ بِعَمَلِ أَهْلِ الْخَيْرِ سَبْعِينَ سَنَةً فَإِذَا أَوْصَى حَافَ فِي وَصِيَّتِهِ فَيُخْتَمُ لَهُ بِشَرِّ عَمَلِهِ فَيَدْخُلُ النَّارَ وَإِنَّ الرَّجُلَ لَيَعْمَلُ بِعَمَلِ أَهْلِ الشَّرِّ سَبْعِينَ سَنَةً فَيَعْدِلُ فِي وَصِيَّتِهِ فَيُخْتَمُ لَهُ بِخَيْرِ عَمَلِهِ فَيَدْخُلُ الْجَنَّةَ ‏"‏ ‏.‏ قَالَ أَبُو هُرَيْرَةَ وَاقْرَءُوا إِنْ شِئْتُمْ ‏{تِلْكَ حُدُودُ اللَّهِ}‏ إِلَى قَوْلِهِ {عَذَابٌ مُهِينٌ}‏
Grade: Hasan(Darussalam)

English reference: Vol. 3, Book 22, Hadith 2704
Arabic reference: Book 22, Hadith 2808

https://sunnah.com/urn/1270210

In fact, it is encouraged in Quran to correct the wrong will:

فَمَنْ خَافَ مِن مُّوصٍ جَنَفًا أَوْ إِثْمًا فَأَصْلَحَ بَيْنَهُمْ فَلَآ إِثْمَ عَلَيْهِ إِنَّ ٱللَّهَ غَفُورٌ رَّحِيمٌ

But he who fears from a testator some unjust act or wrong-doing, and thereupon he makes peace between the parties concerned, there shall be no sin on him. Certainly, Allah is Oft-Forgiving, Most Merciful. [Quran 2:182]

What are the practical steps needed to make a will?
Here are the essential items for a legitimate will

A written or verbal will that is witnessed by two people who are: believers, honest, and do not have any conflict of interest in inheritance or will (means a heir can't be a witness of the will).
The laws of the land where you reside should also be fulfilled so the will can be executed legally. For example, in USA, a will needs to be written and signed by two witnesses who do not have any direct benefit or conflict in inheritance or will. USA law allows the distribution of wealth as per Islamic laws if this is mentioned in the will. Otherwise the default distribution will be as per country and state rules.

**'Abdullah** · 08-10-2020

INELIGIBLITY FOR INHERITANCE

HOMICIDE: The murderer of the deceased will be disqualified from his/ her inheritance, even if he/ she has a prescribed share.

Allah’s Messenger (peace be upon him)said, “One who kills a man cannot inherit from him.” (Tirmidhi, Ibn Majah, Abu Dawud)
DIFFERENCE OF FAITH: A non-Muslim does not inherit from a Muslim and a Muslim does not inherit from non-Muslim. If someone has a non-Muslim relative and would like to give them a share, they can use their will of up to 1/3rd of wealth for this purpose.

Prophet Muhammad (peace be upon him) said, “A Muslim does not inherit from a disbeliever, a disbeliever does not inherit from a Muslim.” (Sahih Bukhari & Sahih Muslim, the book of Fara’id)
ILLIGETIMATE CHILD: A child born out of adultery (out of wed-lock) will only be regarded as the child of mother. However, falsely denying paternity is a major sin.

A man and his wife had a case of Lian during the lifetime of the Prophet and the man denied paternity of her child. The Prophet gave his verdict for their separation (divorce) and then the child was regarded as belonging to the wife only. (Sahih Bukhari, the book of Fara’id)

Note: Please seek opinion of a local scholar to understand how these rules apply to each individual case.

**'Abdullah** · 08-13-2020

Rules of Inheritance - Prescribed Shares

1) Husband [AnNisa 4:12]
a. Gets 1/2: If deceased does not have any offspring
b. Gets 1/4: If deceased has offspring

2) Wife (Divided equally among all wives) [AnNisa 4:12]
a. Gets 1/4: If deceased does not have any offspring
b. Gets 1/8: If deceased has offspring

3) Daughter (Divided equally among all daughters) [AnNisa 4:12]
a. Gets 1/2

i. Deceased has only 1 daughter, and

ii. Deceased does not have any sons

b. Gets 2/3

i. Deceased has multiple daughters, and

ii. Deceased does not have any sons

4) Son's Daughter (Daughter's son or daughter don't have any prescribed share)
a. Gets 1/2

i. Deceased has only 1 Grand daughter from a son
ii. Deceased does not have a son or a daughter
iii. Deceased does not have a Grandson from a son

b. Gets 2/3

i. Deceased has multiple Granddaughters from a son
ii. Deceased does not have a son or a daughter
iii. Deceased does not have a Grandson from a son

c. Gets 1/6

i. Deceased has just one daughter
ii. Deceased does not have a son
iii. Deceased does not have a Grandson from a son

5) Father [AnNisa 4:11]
a. Gets 1/6: If deceased has offsprings

6) Mother [AnNisa 4:11]
a. Gets 1/3

i. Deceased does not have any offspring, and
ii. Deceased does not have multiple siblings (full, paternal, maternal)

b. Gets 1/6

i. Deceased has offspring, or
ii. Deceased has multiple siblings (full, paternal, maternal)

7) Paternal Grand Father
a. Gets 1/6

i. Deceased does not have a father
ii. Deceased has offspring

8) Paternal Grand Mother

a. Gets 1/6

i. Deceased does not have a mother
ii. Deceased does not have a father
iii. Deceased does not have a maternal grandmother

b. Gets 1/12

i. Deceased does not have a mother
ii. Deceased does not have a father
iii. Deceased has a maternal grandmother

9) Maternal Grand Mother
a. Gets 1/6

i. Deceased does not have a mother

b. Gets 1/12

i. Deceased does not have a mother
ii. Deceased does not have a father
iii. Deceased has a paternal grandmother

10) Full Sister [AnNisa 4:176]
a. Gets ½

i. Deceased has only 1 full sister
ii. Deceased does not have any offspring
iii. Deceased does not have any male paternal ancestor
iv. Deceased does not have any full brother

b. Gets 2/3

i. Deceased has multiple full sisters
ii. Deceased does not have any offspring
iii. Deceased does not have any male paternal ancestor
iv. Deceased does not have any full brother

11) Paternal Sister [AnNisa 4:176]
a. Gets 1/2

i. Deceased has only 1 paternal sister
ii. Deceased does not have any offspring
iii. Deceased does not have any male paternal ancestor
iv. Deceased does not have any full brother, full sister or paternal brother

b. Gets 2/3

i. Deceased has multiple paternal sisters
ii. Deceased does not have any offspring
iii. Deceased does not have any male paternal ancestor
iv. Deceased does not have any full brother, full sister or paternal brother

c. Gets 1/6

i. Deceased has just 1 full sister
ii. Deceased does not have any offspring
iii. Deceased does not have any male paternal ancestor
iv. Deceased does not have any full brother or paternal brother

12) Maternal Brother & Sister (Equal division regardless of gender)[AnNisa 4:12]
a. Gets 1/6

i. Deceased has only 1 maternal brother or sister
ii. Deceased does not have any offspring
iii. Deceased does not have any male paternal ancestor such as father or father's father

b. Gets 1/3

i. Deceased has two or more maternal brother and sisters
ii. Deceased does not have any offspring
iii. Deceased does not have any male paternal ancestor such as father or father's father

I will try to put these in the form of a table later so that it becomes easy for us to use in future, In Sha'a Allah.

**'Abdullah** · 08-17-2020

TERMINOLOGIES

Mirath - Gross Inheritance: All movable or immovable property left behind by deceased whether the deceased earned it, inherited it or was gifted this property.
Warith - Heir: A relative who may potentially inherit from the wealth of deceased
Wassiya – Will: An order for allocation of certain amount of property of deceased after death based on his/her order. This is not allocated during the person’s lifetime rather is asked to be allocated after death.
A will of up to 1/3rd property is allowed. If a will is made in excess to this proportion then only 1/3rd will be spent on it. A will cannot be made for a person who is already entitled to receive a share as heir (warith)
Walad (awlaad) - Children (CH): This include any one of the following: son (S), daughter (D), son’s son (SS), son’s daughter (SD), son’s son’s son (SSS), son’s son’s daughter (SSD).
Other types of grandchildren are not included in this definition however will be classified in Dhilihram (see below)
Ikhwa – Siblings (IK): A total of 2 or more persons alive from real, paternal or maternal brothers and sisters, irrespective of their type or gender
Real brother (RB) and Real sister (RS): siblings who have same parents as the deceased (haqiqi)
Paternal brother (PB) and Paternal sister (PS): siblings who have same father as the deceased but have different mothers (step-siblings with a common father) (allati)
Maternal brother and Maternal sister (MT): siblings who have same mother as the deceased but have different fathers (step-siblings with a common mother) (akhyafi)
Dhil-Furoodh - 1st tier of heirs: They have a prescribed proportion of share under different circumstances.
Asbah – Residuary (Res) - 2nd tier of heirs: Their proportion is not fixed, rather after applicable distribution among Dhil-Furoodh, the rest is entitled to the closest relation among Asbah. Asbah are male relatives related through a chain of males (exception: real sister and paternal sister)
Dhil-irham (DI) – 3rd tier of heirs after Dhil-Furooz and Asbah. If there is still left over property after distribution to Dhil-Furooz, and there are no Asbah then Dhil-irham may be entitled to have a share. The closest in relationship will get all the remaining share.
Kalala – A person who at time of death does not have any living CH (S, D, SS, SD, SSS, SSD), nor has a living father or grandfather.

Serial #	Heir	Share	Condition	Reference
1	Husband (H)	1/2 1/4	No Children Children	2 2
2	Wife (W)	1/4 1/8	No Children Children	2 2
3	Daughter (D)	2/3 1/2	Two or more D, No son Only one D, No son	1 1
4	Son's Daughter (SD)	2/3 1/2 1/6	Two or more SD, No (S, D, SS) One SD, No (S,D,SS) One D , No (S, SS)	1 1 5
5	Son's Son's Daughter (SSD)	2/3 1/2 1/6	Two or more SSD, No (S, D, SS, SD, SSS) One SSD, No (S,D,SS, SD, SSS) One D or one SD , No (S, SS, SSS)	1 1 5
6	Father (F)	1/6	No Children	1
7	Mother	1/6 1/4 1/3	CH or IK, Husband & Father W & F, Does not meet the conditions of 1/6 does not meet above two conditions	1,6 6 1
8	Father's Father (FF)	1/6	Children, No Father	1
9	Father's Mother (FM)	1/6	No mother, No Father* * This condition of father is only in Hanafi & Maliki school of thought.	7
10	Mother's Mother	1/6	No mother If both FM & MM are eligible, then split 1/6 ( that is 1/12 each)	7
11	Real Sister (RS)	2/3 1/2	Two or more RS, No (CH, F, FF, RB) One RS, No (CH, F, FF, RB)	4 4
12	Paternal Sister (PS)	2/3 1/2 1/6	Two or more PS, No (CH, F, FF, RB, RS, PB) One PS, No (CH, F, FF, RB, RS, PB) One RS, No (CH, F, FF, RB, PB)	4 4 4
13	Maternal Brother and Sister (MT)	1/3 1/6	2 or more MT, No (CH, F, FF) One MT, No (CH, F, FF) Equal distribution regardless on gender.	2 2

References:

Surah Al-Nisa 4. Verse 11
Surah Al-Nisa 4. Verse 12
Surah Al-Nisa 4. Verse 13 & 14
Surah Al-Nisa 4. Verse 176
https://sunnah.com/bukhari/85/13
https://sunnah.com/urn/411040
https://sunnah.com/bulugh/7/214
https://sunnah.com/bukhari/85/9
https://sunnah.com/bukhari/85/11
In case of excess wealth beyond prescribed shares then options are to give the excess to:

a. Baytul-Maal (Islamic state funds) - On condition is that it is properly administered. This condition is not fulfilled in most societies, hence the second option is more applicable.

b. Redistribute among the blood relatives, in light of this verse of Quran (33:6); “Blood relatives are nearer, the one to other, than other believers.” Hence the redistribution is only among blood relatives. This excludes spouses as they are not from blood lineage.

**'Abdullah** · 08-26-2020

Table 2: Inheritance shares (Residuary)

Sr. #	14	15	16	17	18	19	20	21	22	23	24	25	26
Heir	S	SS	SSS	F	FF FFF FFFF	RB	RS	PB	PS	Res R27-144	Radd (Problem of access)	DI	State ( Bait-ul-mal)
Add On	D	SD	SSD			RS		PS
Detail	A*	A*	A* B*		C*	A*	D*	A*	D*	E*	F*	G*
Reference ( see previous post)	1	1	1	8	8	4,8	5,9	4,8	5,9	8	10

Guide for using above Table:
Move on this table from Left to right (Sr. # 14 towards 26) and assign all left over shares from table 1 ( in my previous post) to the first eligible category on Table 2. The other categories will not get any share.
A*: shares are divided in males and females of this category by 2:1. (eg: 2 parts for each son and 1 part for each daughter)
B*: From this share SD will also get a share, if she did not get it while using table 1
C*: The most proximal one in this sequence will receive the share. (eg: if FF is present then F3 will not get share, if FF is not present and F3 is present then F4 will not get share).
D*: These females will only get a share here (using table 2) if they were not eligible for a share using table 1
E*: This category of Asbah (Res) refers to additional male relatives that are related through chain of males. The closest one among them will receive the share and the rest will not. Use Table 3 ( which I will post in my next post) to find out who is the closet in relation (Sr. # 27 to 144).
F*: Problem of excess is explained in next section.
G*: in absence of all relatives from Sr. # 1 to 24, the property can then be distributed among DhilIrham. The closest relative in this category will receive all the wealth.