Property division

As per hindu sucession amendment act 2005 , daughters will also have share in that house but they cant seek partition or sell their respective share untill the persons living in the dewelling house consented to do so. But your sisters can reliquish their rights over the house by reliquishment deed after that you both brothers will be owners and any one can sale or left his portion legally to other ...but where is concern of muslim family

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Islamic inheritance and the allotted shares for heirs

1. 1. Islamic Inheritance and the Allotted Shares for Heirs Surah Al-Ahzab (33:36) of the Quran states: "It is notfitting for a Believer, man or woman, when a matter has beendecided by Allah and His Apostle to have any option about theirdecision: if any one disobeys Allah and His Apostle, he isindeed on a clearly wrong Path." Therefore, every Muslim mustmake every effort to adhere to the teachings of the Quran andpreserve the sunnah of the Messenger of Allah (P.B.U.H.). Withthis being said, this section addressing Islamic inheritance andthe allotted shares for heirs is intended to give the Muslimsliving in South Carolina an overview of the Islamic laws ofinheritance with the aim of ensuring that the establishedinheritance laws of the State does not infringe upon the rightsof those specific heirs outlined in the Quran and sunnah. It isalso imperative to keep in mind that prior to addressing thelaws of inheritance, the previous three of the four basic dutiesregarding the deceased, namely, the payment of funeral expenses,the settling of debts, and the execution of their Last Will andTestament must be fulfilled.
2. 2. Surah Al-Nisa, verses 4:11, 4:12, and 4:176 are the onlythree verses in the Quran which gives specific detailspertaining to Islamic inheritance. These divine verses and thesunnah of the Messenger of Allah (P.B.U.H.) expound upon thelaws of inheritance and the allotted shares for specific heirs.Moreover, the premise of inheritance in the Quran is the hadithcollected by Bukhari, wherein Jabir narrated that once he wassuffering from an illness and was visited by the Messenger ofAllah (P.B.U.H.) who had asked for water to make wudu. Duringthe process of the Messenger of Allah (P.B.U.H.) performing hisablution, Jabir temporarily lost consciousness. However, Jabirregained consciousness when the Messenger of Allah (P.B.U.H.)sprinkled some of the water remaining from his ablution overhim. Upon awakening, Jabir immediately informed the Messenger ofAllah (P.B.U.H.) that he had sisters (perhaps he feared dyingfrom the illness before he could make arrangements to ensurethat they would be provided for). As a result, Allah revealedthe verses pertaining to the laws of inheritance to theMessenger of Allah (P.B.U.H.). The proof for this fact is thenarration of the hadith in question which reads: "While I wassick, the Prophet (P.B.U.H.) entered upon me and asked for somewater to perform ablution, and after he had finished hisablution, he sprinkled some water of his ablution over me,whereupon I became conscious and said, O Allahs Apostle! I have
3. 3. sisters. Then the divine verses regarding the laws ofinheritance were revealed." In view of the above mentioned information, it isimperative to reiterate that in order to avoid unnecessaryproblems occurring among heirs after one’s death, one must havetheir financial matters in order, with explicit detailspertaining to the aspects of their property; regarding mattersas important as one’s home to those minor items such as one’scan-opener or coffee mug. This course of action is imperative;because, the Quran makes it clear in Surah Al-Nisa (4:7): "Fromwhat is left by parents and those nearest related there is ashare for men and a share for women, whether the property besmall or large --a determinate share." Thus, having one’s affairin order will ensure that the rights of those entitled toinherit from close relatives will be honored. The Islamic laws of inheritance outlined in Surah Al-Nisa(4:11-12) of the Quran further states: " Yooseekumu Allahu feeawladikumlilththakari mithlu haththialonthayayni fa-in kunnanisaan fawqa ithnatayni falahunnathulutha ma taraka wa-in kanatwahidatanfalaha alnnisfu wali-abawayhi likulli wahidinminhumaalssudusu mimma taraka in kanalahu waladun fa-in lam yakun lahuwaladun wawarithahu abawahufali-ommihi alththuluthu fa-in kanalahu ikhwatunfali-ommihi alssudusu min baAAdi wasiyyatin
4. 4. yooseebiha aw daynin abaokum waabnaokum latadroona ayyuhumaqrabu lakum nafAAan fareedatan mina Allahiinna Allaha kanaAAaleeman hakeeman;" which transliterates into English as: Allahcommands you as regards your children’s (inheritance): to themale, a portion equal to that of two females; if (there are)only daughters, two or more, their share is two-thirds of theinheritance; if only one, her share is a half. For parents, asixth share of inheritance to each if the deceased leftchildren; 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 allcases is) after the payment of legacies he may have bequeathedor debts. You know not which of them, whether your parents oryour children, are nearest to you in benefit; (these fixedshares) are ordained by Allah. And Allah is ever All Knower, AllWise (4:11)." The key points of verse 4:11 of Surah Al-Nisa include:  If a man has left children as heirs, a male gets a portion equal to that of two females from the inheritance  If a man has only daughters, two or more, their share is two-thirds of the inheritance
5. 5.  If a man has only one (daughter) and no other children, her share is half of the inheritance  If a man has left children as heirs, then each of his parents gets a one-sixth share of the inheritance (mother and father get equal shares of the inheritance)  If a man has no children and the parents are the (only) heirs, the mother gets one-third of the inheritance  If a man has left brothers or (sisters), then the mother gets one-sixth of the inheritance.Walakum nisfu ma taraka azwajukumin lam yakun lahunna waladunfa-in kana lahunna waladunfalakumu alrrubuAAu mimma tarakna minbaAAdi wasiyyatinyooseena biha aw daynin walahunnaalrrubuAAumimma taraktum in lam yakun lakum waladun fa-inkanalakum waladun falahunna alththumunu mimma taraktummin baAAdiwasiyyatin toosoona biha awdaynin wa-in kana rajulun yoorathukalalatan awiimraatun walahu akhun aw okhtun falikulli wahidinminhumaalssudusu fa-in kanoo akthara min thalikafahum shurakaofee alththuluthi min baAAdi wasiyyatinyoosa biha aw dayninghayra mudarrin wasiyyatanmina Allahi waAllahu AAaleemunhaleemun;" which transliterates into English as: "In that whichyour wives leave, your share is a half if they have no child;but if they leave a child, you get a fourth of that which they
6. 6. leave after payment of legacies that they may have bequeathed ordebts. In that which you leave, their (your wives) share is afourth if you leave no child; but if you leave a child, they getan eighth of that which you leave after payment of legacies thatyou may have bequeathed or debts. If the man or woman whoseinheritance is in question has left neither ascendants nordescendants, but has left a brother or a sister, each one of thetwo gets a sixth; but if more than two, they share in a third,after payment of legacies he (or she) may have bequeathed ordebts, so that no loss is caused (to anyone). This is aCommandment from Allah; and Allah is ever All Knowing, MostForbearing (4:12)." The key points of verse 4:12 of Surah Al-Nisa include:  From the wife’s inheritance, a husband is entitled to half if they did not have a child  A husband is entitled to one-fourth of his wife’s inheritance if the couple had a child  A wife is entitled to one-fourth of her husband’s inheritance if they did not have a child  A wife is entitled to one-eighth of her husband’s inheritance if they did have a child
7. 7. In instances where a man or woman dies without havingliving parents or children, a brother and a sister are entitledto one-sixth of their deceased sibling’s inheritance when thedeceased in question dies without having any living parents orchildren (the brother and sister share equally in thisinstance). In instances where a man or woman dies without havingliving parents or children and there are three or more siblingsas heirs, they all share one-third of the inheritance(regardless of gender, the siblings share equally in thisscenario). In addition, verse 4:176 of Surah Al-Nisa states:"Yastaftoonaka quli Allahu yufteekumfee alkalalati ini imruonhalaka laysa lahu waladun walahuokhtun falaha nisfu ma tarakawahuwayarithuha in lam yakun laha waladun fa-in kanataithnataynifalahuma alththuluthani mimmataraka wa-in kanoo ikhwatan rijalanwanisaanfalilththakari mithlu haththialonthayayni yubayyinuAllahu lakum an tadilloo waAllahubikulli shay-in AAaleemun;"which transliterates into English as: "They ask thee for a legaldecision. Say: Allah directs (thus) about those who leave nodescendants or ascendants as heirs. If it is a man that dies,leaving a sister but no child, she shall have half theinheritance: If (such a deceased was) a woman, who left nochild, Her brother takes her inheritance: If there are twosisters, they shall have two-thirds of the inheritance (betweenthem): if there are brothers and sisters, (they share), the male
8. 8. having twice the share of the female. Thus doth Allah make clearto you (His law), lest ye err. And Allah hath knowledge of allthings." It is also important to note that verse 4:176 of SurahAl-Nisa is the last verse of the Quran to be revealed to theProphet regarding inheritance (P.B.U.H.). The proof for thisfact is the hadith of Bukhari that was narrated by Al-Bara, whoreported: "The last Quranic Verse that was revealed (to theProphet) was the final verse of Surah Al-Nisa, i.e., They askyou for a legal verdict Say: Allah directs (thus) About thosewho leave No descendants or ascendants as heirs....(4:176)" The key points of verse 4:176 of Surah Al-Nisa include:  A man who dies without having living parents or children, and leaves a sister as his sole heir, she is entitled to half his inheritance  A woman who dies without having living parents or children, and leaves a brother as her sole heir, he is entitled to the entire amount of her inheritance  A woman who dies without having living parents or children, and leaves two sisters as heirs, the will both share two-thirds of her inheritance  When a woman who dies without having living parents or children, and leaves both brothers and sisters as heirs,
9. 9. the males (brothers) will be entitled to twice the share of the females (sisters) It is also important to note that certain individuals arenot entitled to a share in the inheritance of a deceased Muslim;namely:  One who has murdered their predecessor. The evidence for this ruling is a hadith in the collection of Tirmidhi wherein it is reported: "The Prophet (P.B.U.H.) said, One who kills a man cannot inherit from him." However, the individual who unintentional kills another may inherit from the victim, excluding the diyyah (blood money) amount which must be paid as compensation.  A non-Muslim. The evidence for this ruling is a hadith in the collection of Bukhari wherein it is reported: "The Prophet (P.B.U.H.) said, A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim."The three classes of heirs in Islam include:I. Dhaw-ul-Faraid, which are those entitled to a definite share of the assets left by the deceased. Dhaw-ul-Faraid include the father, grandfather, uterine (same mother) brothers, husband, wife, single daughter, sons daughter
10. 10. (agnatic granddaughter), mother, grandmother, full(germane) sister, consanguine (same father) sister, anduterine (same mother) sister. It is also important to notethat the heirs specifically mentioned in the Quran are themother, father, husband, wife/widow, daughter, uterinebrother, full sister, uterine sister, and consanguinesister; whereas, the paternal grandfather, maternalgrandmother, and agnatic granddaughter are three heirsadded by juristic method of analogy. The fathers share is one-sixth when the deceasedleaves a son or a sons son (agnatic grandson), but if thedeceased is not survived by a son or agnatic grandson, hisfather will, in addition to receiving the one-sixth asDhaw-ul-Faraid, also get a share as being asaba (which,according to the Islamic Shariah are those relatives inwhose line of relationship no female enters; i.e., malerelatives in the male line/agnatic). The evidence for thisruling is a hadith in the collection of Bukhari wherein itwas reported by Ibn Abbas that the Messenger of Allah(P.B.U.H.) said: "Give the prescribed share of inheritanceto those who are due it and the remainder is for thenearest male relative of the deceased."Grandfather: The grandfathers share is like that offathers share; however, he does not inherit whenever the
11. 11. father is present as an eligible heir. The evidence forthis ruling is a hadith collected by Bukhari wherein IbnAbbas narrated: "The person about whom Allahs Apostle(P.B.U.H.) said, If I were to take a Khalil from thisnation (my followers), then I would have taken him (i.e.,Abu Bakr), but the Islamic Brotherhood is better (or said:good); regarded a grandfather as the father himself (ininheritance)." Furthermore, a hadith in the Muwatta of ImamMalik states: "Malik said: The generally agreed on way ofdoing things among us and what I have seen the people ofknowledge in our city doing is that the paternalgrandfather does not inherit anything at all with thefather." Moreover, in instances where the deceased has nofather, but has sons or son’s sons (agnatic grandsons), thegrandfather is entitled to one-sixth (assumes theinheritance role of his deceased son - father of thedeceased). What is more, when the deceased has no fatherand no child, the grandfather inherits as asaba only andgets the residue. Lastly, the Muwatta of Imam Malik furtherstates: "He is given a sixth as a fixed share with the sonand the grandson through a son. Other than that, when thedeceased does not leave a mother or a paternal aunt, onebegins with whoever has a fixed share, and they are giventheir shares. If there is a sixth of the property left
12. 12. over, the grandfather is given a sixth as a fixed share."Malik said, "When someone shares with the grandfather andthe full siblings in a specified share, one begins withwhoever shares with them of the people of fixed shares.They are given their shares. What is left over after thatbelongs to the grandfather and the full siblings. Then onesees which is the more favorable of two alternatives forthe portion of the grandfather. Either a third is allottedto him and the siblings to divide between them, and he getsa share as if he were one of the siblings, or else he takesa sixth from all the capital. Whichever is the best portionfor the grandfather is given to him. What is left afterthat, goes to the full siblings. The male gets the portionof two females except in one particular case. The divisionin this case is different from the preceding one. This caseis when a woman dies and leaves a husband, mother, fullsister and grandfather. The husband gets a half, the mothergets a third, the grandfather gets a sixth, and the fullsister gets a half. The sixth of the grandfather and thehalf of the sister are joined and divided into thirds. Themale gets the share of two females. Therefore, thegrandfather has two thirds, and the sister has one third."Malik said, "The inheritance of the half-siblings by thefather with the grandfather when there are no full siblings
13. 13. with them, is like the inheritance of the full siblings (inthe same situation). The males are the same as their malesand the females are the same as their females. When thereare both full siblings and half-siblings by the father, thefull siblings include in their number the number of half-siblings by the father, to limit the inheritance of thegrandfather, i.e., if there was only one full sibling withthe grandfather. They would share, after the allotting ofthe fixed shares, the remainder of the inheritance betweenthem equally. If there were also two half-siblings by thefather, their number is added to the division of the sum,which would then be divided four ways. A quarter going tothe grandfather and three-quarters going to the fullsiblings who annex the shares technically allotted to thehalf-siblings by the father. They do not include the numberof half-siblings by the mother, because if there were onlyhalf-siblings by the father they would not inherit anythingwith the grandfather and all the capital would belong tothe grandfather, and so the siblings would not get anythingafter the portion of the grandfather. "It belongs to thefull siblings more than the half-siblings by the father,and the half-siblings by the father do not get anythingwith them unless the full siblings consist of one sister.If there is one full sister, she includes the grandfather
14. 14. with the half-siblings by her father in the division,however many. Whatever remains for her and these half-siblings by the father goes to her rather than them untilshe has had her complete share, which is half of the totalcapital. If there is surplus beyond half of all the capitalin what she and the half-siblings by the father acquire itgoes to them. The male has the portion of two females. Ifthere is nothing left over, they get nothing."Uterine brother: A uterine brother is entitled to one-sixthif their number is one, and one-third if they are more thanone. Likewise, a Uterine sister is entitled to one-sixth iftheir number is one and one-third if they are more thanone. The evidence for these rulings are found in Surah 4:12of the Quran which reads: "If the man or woman whoseinheritance is in question, has left neither ascendants nordescendants, but has left a brother (uterine) or a(uterine) sister, each one of the two gets a sixth; but ifmore than two, they share in a third; after payment oflegacies and debts; so that no loss is caused (to any one).Thus is it ordained by Allah; and Allah is All-knowing,Most Forbearing." Additional evidence is found in a faraidhadith in the Muwatta of Imam Malik, wherein it reads:"Yahya related to me from Malik from Zayd ibn Aslam ...Malik said, If a man or a woman has no direct heir, but
15. 15. has a brother or a sister by the mother, each of the twohas a sixth. If there are more than that, they shareequally in a third." It is also important to note that a uterine brotherand sister, unlike a germane and consanguine brother andsister, inherit equally, as do their descendants. Theevidence for this ruling is also contained in a faraidhadith in the Muwatta of Imam Malik, which reads: "Maliksaid, The generally agreed upon way of doing things amongus is that maternal half-siblings do not inherit anythingwhen there are children or grandchildren through sons, maleor female. They do not inherit anything when there is afather or the fathers father. They inherit in what isoutside of that. If there is only one male or female, theyare given a sixth. If there are two, each of them has asixth. If there are more than that, they share in a thirdwhich is divided among them. The male does not have portionof two females. That is because Allah, the Blessed, theExalted, says in His Book, If a man or woman has no directheir, and he has a brother or sister, by the mother, eachof them has a sixth. If there are more than two, they shareequally in a third."Husband: The husbands share is one-half of the property ofhis deceased wife if she has no children, but in case of
16. 16. children, it is one-fourth. The evidence for this ruling issurah 4:12 of the Quran which reads: "In what your wivesleave, your share is a half, if they leave no child; but ifthey leave a child, ye get a fourth; after payment oflegacies and debts."Wife: The wife is entitled to one-fourth if the husbanddies childless; otherwise it is one-eighth. The evidencefor this ruling is surah 4:12 of the Quran which reads: "Inwhat ye leave, their share is a fourth, if ye leave nochild; but if ye leave a child, they get an eighth; afterpayment of legacies and debts." The ruling pertaining to the allotted share for ahusband and wife is also highlighted in a hadith collectedby Bukhari wherein Ibn Abbas narrated: "(During the earlydays of Islam), the inheritance used to be given to onesoffspring and legacy used to be bequeathed to the parents,then Allah cancelled what He wished from that order anddecreed that the male should be given the equivalent of theportion of two females, and for the parents one-sixth foreach of them, and for ones wife one-eighth (if thedeceased has children) and one-fourth (if he has nochildren), for ones husband one-half (if the deceased hasno children) and one-fourth (if she has children)."
17. 17. Real (germane) daughter: A real daughter is entitled toone-half when she is the sole heir, and two-thirds whenthere are more than one. The evidence for this ruling isfound in Surah 4:11 of the Quran which reads: " Allah (thus)directs you as regards your Childrens (Inheritance): ...if only daughters, two or more, their share is two-thirdsof the inheritance; if only one, her share is a half."Moreover, if the deceased is survived by a son along with adaughter, the daughter(s) will get half the share of theson(s). The evidence for this ruling is found in Surah 4:11of the Quran which reads, " Allah (thus) directs you asregards your Childrens (Inheritance): to the male, aportion equal to that of two females..."Granddaughter: A granddaughter stand on the same level asdaughters. This fact is documented in the Muwatta of ImamMalik wherein it reads: "Yahya related to me from Malik,...When there are no children, grandchildren through sonshave the same position as children, so that grandsons arelike sons and grand-daughters are like daughters..."However, in instances where the deceased is survived by onereal (germane) daughter and one or more granddaughter(s),the granddaughters will get one-sixth. The evidence forthis ruling is a hadith collected in the Muwatta of ImamMalik wherein it reads: "Yahya related to me from Malik,
18. 18. ...If the only descendant is a daughter, she takes half,and if there are one or more grand-daughters through a sonwho are in the same position to the deceased, they share asixth..." It is also important to note that thegranddaughter is not entitled to any share of theinheritance when the deceased is survived by a son. Thisfact is also documented in the Muwatta of Imam Malik whichreads: "Yahya related to me from Malik, ...If there areboth children and grandchildren through sons, and there isa male among the children, then the grandchildren throughsons do not share in the inheritance with him..." However,if the deceased is survived by grandsons andgranddaughters, they would be treated as Asaba and themale grandchild would get double of what goes to the femalegrandchild. The evidence for this ruling is documented inthe Muwatta of Imam Malik which reads: "Yahya related to mefrom Malik, ...If there is no surviving male among thechildren, and there are two or more daughters, thegranddaughters through a son do not share in theinheritance with them unless there is a male who is in thesame position as them in relation to the deceased, orfurther than them. His presence gives access to whatever isleft over, if any, to whoever is in his position andwhoever is above him of the granddaughters through sons. If
19. 19. something is left over, they divide it among them, and themale takes the portion of two females. If nothing is leftover, they have nothing..." When a Muslim daughter and a Muslim sister are theonly heirs, both the daughter and sister get one-half each.The evidence for this ruling is a hadith collected byBukhari wherein Al-Aswad bin Yazid narrated: "Muadh binJabal came to us in Yemen as a tutor and a ruler, and we(the people of Yemen) asked him about (the distribution ofthe property of ) a man who had died leaving a daughter anda sister. Muadh gave the daughter one-half of the propertyand gave the sister the other half." When a Muslim daughter, a sons Muslim daughter(agnatic granddaughter), and a Muslim sister are the onlyheirs, one-half is the daughter, one-sixth is for the sonsdaughter, and the rest (one-third) is for the sister. Theevidence for this ruling is a hadith collected by Bukhariwherein Huzail bin Shirahbil narrated: "Abu Musa was askedregarding (the inheritance of) a daughter, a sonsdaughter, and a sister. He said, The daughter will takeone-half and the sister will take one-half. If you go toIbn Masud, he will tell you the same. Ibn Masud wasasked and was told of Abu Musas verdict. Ibn Masud thensaid, If I give the same verdict, I would stray and would
20. 20. not be of the rightly-guided. The verdict I will give inthis case, will be the same as the Prophet did, i.e. one-half is for the daughter, and one-sixth for the sonsdaughter, i.e. both shares make two-thirds of the totalproperty; and the rest is for the sister. Afterwards wecame to Abu Musa and informed him of Ibn Masuds verdict,whereupon he said, So, do not ask me for verdicts, as longas this learned man is among you."Full (germane) sister: A full sister is entitled to one-half when she is the sole heir, and two-thirds when thereare more than one. The evidence for this ruling is surah4:176 which reads: " They ask thee for a legal decision.Say: Allah directs (thus) about those who leave nodescendants or ascendants as heirs. If it is a man thatdies, leaving a (germane) sister but no child, she shallhave half the inheritance..." This rule also applies to aConsanguine sister. Thus, a consanguine sister, like agermane sister, is entitled to one-half when there is onlyone and two thirds when there are more than one.Mother: The mother is entitled to one-sixth of theinheritance when she has a child or grandchild. However, ininstances where she is childless, her share increases to aone-third share of the inheritance. The evidence for thisruling is Surah 4:11 of the Quran which reads, "... For
21. 21. parents, a sixth share of the inheritance to each, if thedeceased left children; if no children, and the parents arethe (only) heirs, the mother has a third..." The mother isalso entitled to one-sixth when the deceased leavesbrothers or sisters, two or more (any combination ofgermane, consanguine or uterine). The evidence for thisruling is surah 4:11 which reads: "If the deceased Leftbrothers (or sisters) the mother has a sixth. (Thedistribution in all cases is after the payment of legaciesor debts. You know not whether your parents or yourchildren are nearest to you in benefit. These are settledportions ordained by Allah; and Allah is All-knowing, Al-wise."Grandmother: If the deceased is survived either by apaternal/maternal grandmother or both, they are entitled toone-sixth. However, the maternal grandmother is deprived ofher share of the inheritance whenever the mother of thedeceased is alive as an eligible heir, and the paternalgrandmother is deprived of her share whenever the father ofthe deceased is alive as an eligible heir. The evidence forthis ruling is found in the Faraid of Maliks Muwatta whichreads: "Yahya related to me from Malik from Abdu Rabbih ibnSaid that Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibnHisham only gave a fixed share to two grandmothers
22. 22. (together). Malik said, The generally agreed on way ofdoing things among us in which there is no dispute andwhich I saw the people of knowledge in our city doing, isthat the maternal grandmother does not inherit anything atall with the mother. Outside of that, she is given a sixthas a fixed share. The paternal grandmother does not inheritanything along with the mother or the father. Outside ofthat she is given a sixth as a fixed share. If both thepaternal grandmother and maternal grandmother are alive,and the deceased does not have a father or mother outsideof them, Malik said, I have heard that if the maternalgrandmother is the nearest of the two of them, then she hasa sixth instead of the paternal grandmother. If thepaternal grandmother is nearer, or they are in the sameposition in relation to the deceased, the sixth is dividedequally between them. Malik said, None of the femalegrand-relations except for these two has any inheritancebecause I have heard that the Messenger of Allah, may Allahbless him and grant him peace, gave the grandmotherinheritance, and then Abu Bakr asked about that untilsomeone reliable related from the Messenger of Allah, mayAllah bless him and grant him peace, that he had made thegrandmother an heir and given a share to her. Anothergrandmother came to Umar ibn al-Khattab, and he said, I am
23. 23. not one to add to fixed shares. If there are two of youtogether, it is between you. If either of you is left alonewith it, it is hers. Malik said, We do not know ofanyone who made other than the two grandmothers heirs fromthe beginning of Islam to this day."Heirs with their respective shares:HUSBAND If there is no child or 1/2 grandchild surviving the deceasedHUSBAND If there is a surviving child 1/4 or grandchild of deceasedWIFE If there is no child or 1/4 grandchild surviving the deceasedWIFE If there is a surviving child 1/8 or grandchild of deceasedSON If there is no daughter 100% as asabaSON If there is a daughter, the Twice son must share with his sister the share as asaba of his sister If only one daughter 1/2DAUGHTER If 2 or more daughters (the 2/3DAUGHTER daughters portion is shared equally among them)
24. 24. If there is a son, the AsabaDAUGHTER daughter(s) shares with her 1/2 brother(s) share of brother If there is a child or 1/6FATHER grandchild surviving the deceased If there is no child or 100% asFATHER grandchild surviving the asaba deceased If the deceased had children 1/6MOTHER If no children, and the 1/3MOTHER parents are the (only) heirs (her portion is shared with 1/6PATERNAL maternal grandmother)GRANDMOTHER If Mother or Father survives 0%PATERNALGRANDMOTHER If no father, son or grandson 100% asPATERNAL survives asabaGRANDFATHER If father of the deceased is 0%PATERNAL aliveGRANDFATHER
25. 25. (her portion is shared with 1/6MATERNAL paternal grandmother)GRANDMOTHER If mother is alive 0%MATERNALGRANDMOTHER If father, son or grandson 0%BROTHER survives If no father, son or 100% asBROTHER grandchild survives asaba If father, son or grandson 0%SISTER survives If she is the only heir 1/2SISTER If 2 or more sisters (they 2/3SISTER share equally) If Brother is alive 1/2SISTER share of brother as asaba
26. 26. II. After the heirs of the first group (Dhaw-ul-Faraid) have received the respective shares, the residue of the assets falls to the share of those relatives that comprise the second group of inheritors referred to as asaba; which, according to the Islamic Shariah are those relatives in whose line of relationship no female enters; i.e., male relatives in the male line/agnatic. The evidence for this ruling is a hadith collected by Imam Muslim wherein Tawus reported on the authority of his father Ibn Abbas: "Allahs Messenger (P.B.U.H.) said: Distribute the property amongst Ahl al-Faraid, according to the Book of Allah, and what is left out of them goes to the nearest male heir." It is also important to note that Asaba do not have a fixed share of the inheritance as Dhaw-ul-Faraid. Thus, if one is not survived by any members of Dhaw-ul-Faraid, the residue of their entire estate will go to the entitled asaba. Asaba include the following persons (all persons must be aMuslim and considered an eligible heir according to the Islamicshariah): 1. Son: A son is the first person to get the residue in order of succession. A son also gets twice the share of a daughter; as evident from the hadith of Bukhari wherein Zayd ibn Thabit said: "If there is a son with
27. 27. them, then one begins with those who share with them in inheritance and they receive their shares, and then what remains goes to them, with the male receiving double the share of a female." Thus, a germane brother inherits twice as much as a germane sister, a son’s son (agnatic grandson) inherits twice as much as a son’s daughter (agnatic granddaughter). Furthermore, the presence of a son also excludes a grandson from a share of the inheritance as asaba. However, if a son is not available as an eligible heir, then the grandson will become entitled to a share in the inheritance as an asaba. This fact is also evident from a hadith collected by Bukhari wherein Zayd reportedly said: "Grandchildren are in the position of children if there is no other male children still alive. Their males are like their males and their females like their females. They inherit as they inherit and preclude (other heirs) as they preclude. A grandchild does not inherit when there is a son." Lastly, if there are more than one son, the inheritance will be distributed equally among them.2. Father: The father, grandfather, and great- grandfather are among the Dhaw-ul-Faraid. However, in instances where the deceased is not survived by a
28. 28. son, grandson, or great-grandson, the father willassume the status of asaba and become entitled to theresidue of the inheritance. Yet, in the absence of thefather, his father, the grandfather of the deceasedassumes the position of asaba. The evidence for thisruling is a hadith collected by Bukhari wherein IbnAbbas narrated: "The person about whom Allahs Apostle(P.B.U.H.) said, ...regarded a grandfather as thefather himself (in inheritance)." Also, Abu Bakr, IbnAbbas and Ibn az-Zubayr reportedly said in anotherhadith collected by Bukhari: "The grandfather is likea father, Ibn Abbas recited, O children of Adam(7:26) and I hold fast to the creed of my forebears,Ibrahim and Ishaq and Yaqub (12:38). It is notmentioned that anyone disagreed with Abu Bakr while hewas alive while there were many Companions of theProphet (P.B.U.H.). Ibn Abbas said, The son of my soninherits rather than my brothers and I do not inheritfrom the son of my son." Furthermore, the Muwatta ofImam Malik reports: "Malik said, The generally agreedon way of doing things among us about which there isno dispute and what I have seen the people ofknowledge in our city doing is that when a fatherinherits from a son or a daughter and the deceased
29. 29. leaves children, or grandchildren through a son, the father has a fixed share of one sixth. If the deceased does leave any children or male grandchildren through a son, the apportioning begins with those with whom the father shares in the fixed shares. They are given their fixed shares. If a sixth or more is left over, the sixth and what is above it is given to the father, and if there is less than a sixth left, the father is given his sixth as a fixed share, (i.e. the other shares are adjusted)." Lastly, a hadith by Bukhari narrated by Imran ibn Husayn states: "A man came to the Prophet (P.B.U.H.) and said: My son has died; what do I receive from his estate? He, the Prophet (P.B.U.H.) replied: You receive a sixth. When he turned away he called him and said: You receive another sixth. When he turned away, he called him and said: The other sixth is an allowance (beyond what is due). Qatadah said: They (the Companions) did not know the heirs with whom he was given (a sixth). Qatadah said: The minimum share given to the grandfather was a sixth."3. Germane brother (full): In the absence of a son, grandson, daughter, granddaughter, father, and finally a grandfather, a germane brother, including his sons
30. 30. and daughters when he is not available, becomes thenext in order of succession as an asaba. The evidencefor this ruling is detailed in the Muwatta of ImamMalik, wherein Malik reportedly said: "The generallyagreed on way of doing things among us is that fullsiblings do not inherit anything with sons noranything with grandsons through a son, nor anythingwith the father. They do inherit with the daughtersand the granddaughters through a son when the deceaseddoes not leave a paternal grandfather. Any propertythat is left over, they are in it as paternalrelations. One begins with the people who are allottedfixed shares. They are given their shares. If there isanything left over after that, it belongs to the fullsiblings. They divide it between themselves accordingto the Book of Allah, whether they are male or female.The male has a portion of two females. If there isnothing left over, they have nothing. If the deceaseddoes not leave a father or a paternal grandfather orchildren or male or female grandchildren through ason, a single full sister gets a half. If there aretwo or more full sisters, they get two thirds. Ifthere is a brother with them, sisters, whether one ormore, do not have a fixed share. One begins with
31. 31. whoever shares in the fixed shares. They are giventheir shares. Whatever remains after that goes to thefull siblings. The male has the portion of two females*xcept in one case, in which the full siblings havenothing. They share in this case the third of thehalf-siblings by the mother. That case is when a womandies and leaves a husband, a mother, half-siblings byher mother, and full siblings. The husband has a half.The mother has one sixth. The half-siblings by themother have a third. Nothing is left after that, sothe full siblings share in this case with the half-siblings by the mother in their third. The male hasthe portion of two females in as much as all of themare siblings of the deceased by the mother. Theyinherit by the mother. That is because Allah, theBlessed, the Exalted, said in His Book, If a man or awoman has no direct heir and he has a brother or asister, each one of the two gets a sixth. If there aremore than that, they share equally in the third. (Sura 4 ayat 12) . They therefore share in this casebecause all of them are siblings of the deceased bythe mother." Moreover, to reiterate, in the absenceof the germane brother, the son of the germanebrother, the agnatic nephew of the deceased will
32. 32. assume the position of asaba. Furthermore, ininstances where the son of the germane brother, theagnatic nephew of the deceased is absent, then thegrandson of the germane brother, the agnatic grand-nephew will become entitled to share in theinheritance as asaba; with the eligible female heir inorder of succession also sharing along with him(claiming half of the share of her male counterpart).The evidence for this ruling is the Muwatta of ImamMalik which reads: "Malik said, The generally agreedon way of doing things among us is that full siblingsdo not inherit anything with sons nor anything withgrandsons through a son, nor anything with the father.They do inherit with the daughters and thegranddaughters through a son when the deceased doesnot leave a paternal grandfather. Any property that isleft over, they are in it as paternal relations. Onebegins with the people who are allotted fixed shares.They are given their shares. If there is anything leftover after that, it belongs to the full siblings. Theydivide it between themselves according to the Book ofAllah, whether they are male or female. The male has aportion of two females. If there is nothing left over,they have nothing." Furthermore, a full brother will
33. 33. exclude a consanguine brother; because, full bloodexcludes half-blood through a father, but not auterine brother with the same mother. Also, themajority view is that the full and consanguine brotheris not excluded by the paternal grandfather. However,according to Dr. Abid Hussain the Hanafi fiqh allowsthe paternal grandfather to totally exclude theagnatic siblings. Lastly, it is also important to note that in theevent that the deceased is not survived by none of theabove mentioned relatives among the asaba, then theconsanguine (same father) brother will become entitledto share in the inheritance, over the full (germane)brothers son (agnatic nephew), etc. The evidence forthis ruling is also contained in the Muwatta of ImamMalik, which reads" "Malik said, The generally agreedon way of doing things among us, in which there is nodispute, and which I saw the people of knowledge inour city doing, about paternal relations is that fullbrothers are more entitled to inherit than half-brothers by the father and half-brothers by the fatherare more entitled to inherit than the children of thefull brothers. The sons of the full brothers are more
34. 34. entitled to inherit than the sons of the half-brothersby the father. The sons of the half-brothers by thefather are more entitled to inherit than the sons ofthe sons of the full brothers. The sons of the sons ofthe half-brothers by the fathers side are moreentitled to inherit than the paternal uncle, the fullbrother of the father. The paternal uncle, the fullbrother of the father, is more entitled to inheritthan the paternal uncle, the half-brother of thefather on the fathers side. The paternal uncle, thehalf-brother of the father on the fathers side ismore entitled to inherit than the sons of the paternaluncle, the full brother of the father. The son of thepaternal uncle on the fathers side is more entitledto inherit than the paternal great uncle, the fullbrother of the paternal grandfather. Malik said,Everything about which you are questioned concerningthe inheritance of the paternal relations is likethis. Trace the genealogy of the deceased and whoeveramong the paternal relations contends for inheritance.If you find that one of them reaches the deceased by afather and none of them except him reaches him by afather, then make his inheritance to the one whoreaches him by the nearest father, rather than the one
35. 35. who reaches him by what is above that. If you find that they all reach him by the same father who joins them, then see who is the nearest of kin."4. Germane (full) paternal uncle: In the event none of the above mentioned heirs are present as asaba, the germane paternal uncle (full brother of the father of the deceased) will assume the position as asaba, becoming entitled to the residue of the inheritance along with the eligible female heir (claiming half of the share of her male counterpart) in order of succession. The evidence for this ruling is a faraid hadith collected by Bukhari in the book of shares and inheritance wherein Ibn Abbas reportedly said: "The son of my son inherits rather than my brothers and I do not inherit from the son of my son." Furthermore, it is important to note that the paternal aunt generally does not inherit. The evidence for this ruling is contained in the Muwatta of Imam Malik, which reads: "Yahya related to me from Malik that Muhammad ibn Abi Bakr ibn Hazm heard his father say many times, Umar ibn al-Khattab used to say, It is a wonder that the paternal aunt is inherited from and does not inherit."
36. 36. III. The last category of inheritors are referred to as Dhaw-ul Arham (distant relations); i.e., relations connected through females. However, it is highly unlikely that these individuals will get any share of the inheritance due to the absence of eligible heirs from Dhaw-ul-Faraid. Nevertheless, if they happen to fall into the line of succession, then they are entitled their due share. The evidence for the fact that even Dhaw-ul Arham are entitled to a share of the inheritance after meeting the required criteria is Surah 8:75 of the Quran which reads: "Waallatheena amanoo minbaAAdu wahajaroo wajahadoo maAAakum faola-ikaminkum waoloo al-arhami baAAduhum awlabibaAAdin fee kitabi Allahi inna Allahabikulli shay-in AAaleemun;" which transliterates into English as: "And those who accept Faith subsequently, and adopt exile, and fight for the Faith in your company,- they are of you. But kindred by blood have prior rights against each other in the Book of Allah. Verily Allah is well-acquainted with all things." Moreover, the majority of the Prophets (P.B.U.H.) companions believed that Dhaw-ul Arham are entitled to inherit. As a result, Imam Hanafi and Hanbali also maintain: that the Dhaw-ul Arham are entitled to inherit in instances where Dhaw-ul- Faraid and asaba are not available, and after a husband/widow being the only heir and having received their respected share will
37. 37. result in the residue falling to the Dhaw-ul Arham in theabsence of asaba. However, it is important to note that accordingto Aaisha Nadia Zafar and Irum Ayesha Basharat the view of Zaidbin Thabit was that the Dhaw-ul Arham are not entitled toinherit, and any residue in the absence of Dhaw-ul-Faraidand asaba should instead go to the Bait-ul-mal (Muslimtreasury). Aaisha Nadia Zafar and Irum Ayesha Basharat alsomaintain that this was also the belief of Imam Malik andImam Shafii. Thus, the Shafii jurist eventuallyconcluded that since the bait-ul-mal was no longerbeing administered according to the Islamic sharia with theending of the Muslim Caliphate, the Dhaw-ul Arham is nowentitled to take precedence over the bait-ul-mal. The following relatives come under the category ofDhaw-ul Arham (from the Arabic word rahm meaning womb;i.e. those related through females): a) The son of the daughter (grandson) and daughter of the daughter (granddaughter); with the male getting twice the share of the female. b) The son of the daughter of the son (great-grandson), and daughter of the daughter of the son (great-
38. 38. granddaughter), and their children (great-great- grandchildren). c) The maternal grandfather, maternal grandfather of the father (great-grandfather), the grandfather of the mother (great-grandfather), maternal grandfather of the mother (great-grandfather), the grandmother of the mother (great-grandmother), the children of the sisters (nieces and nephews), the sisters of the father (paternal aunt) and mother (maternal aunt), etc. Grandparents (that are not true/real grandparents inherit at a ratio of 2:1, with the male getting twice the share of the female. Also, the full blood (germane) excluding half blood (consanguine) rule through father applies. Lastly, all uncles/aunts whom are not asaba, and whose power of relationship is the same, a male will get twice the share of their respected female counterpart. One can also visithttps://www.islamicsoftware.org/irth/irth.html to have a computerapplication designed by Dr. Ayman Abu-Mostafa compute theentitled shares for each heir. Also, islamicinheritance.com is a
39. 39. website that can enable one to create an Islamic Will (a pour- over will) and Living Trust in all 50 states and the District of Columbia within 10 minutes in most cases. Those who elect to utilize this service can expect to have a binder delivered to their home by Priority Mail for 80-90% less than the cost of an Attorney. Heirs and their respective shares:HEIR % SHARESon Twice When a father has left the children as heirs, a germane share (full) son is entitled to a of a portion that is double the female share of a germane (full) daughterSon Share When more than one equally germane Muslim son is alive, and there are no Muslim daughters, the inheritance will be distributed equally among the sons
40. 40. Son 100% When there is only one son, he inherits the entire estateSon 4/6 When the heirs are the (4 father, mother, and a son, parts the property is divided into 6 out of parts. One part is taken by 6) the father and one by the mother (mother and father share 2/3 equally), and the remaining 4 parts by the son.Sons They When the heirs of the share deceased are the father, 4/6 mother (who share 2/3), and equally more than one son, the sons divide 4/6 parts equally.Sons Out of When the heirs of the the 4/6, deceased are the father, the sons mother (who share 2/3) and get several sons and daughters, twice 4/6 are divided among them the in such a manner, that each share son gets double the share of of the each daughter. daughters
41. 41. Sons Out of When the heirs of the the 5/6, deceased are a father or the sons mother (who gets 1/6) and get several sons and daughters, twice 5/6 are divided among them the in such a manner, that each share son gets double the share of of the each daughter. daughtersSon 5/6 When the heirs are the father or mother and one son, the property is divided into 6 parts. 1/6 goes to the father or mother, and 5/6 to the son.Sons They When the heirs are the share father or mother (who gets 5/6 1/6) and more than one son, equally the sons divide 5/6 equally
42. 42. HEIR % SHAREDaughter 1/2 if only one Muslim daughter and no Muslim sons2 or more Share If 2 or more Muslimdaughters 2/3 daughters and no Muslim Equally sons, they share 2/3 equally of what remains2 or more 1/2 When there are bothdaughters share germane Muslim sons and of daughters, the daughters get germane 1/2 the share of their brother brothers2 or more 1/2 When only one germanedaughters daughter and one or more agnatic granddaughtersDaughter 3/4 When there is only the father or mother and one daughter, the estate will be divided into four parts. 1/4 is taken by the father or the mother, and the remaining 3/4 goes to the daughter.
43. 43. Daughters They When there is the father or share mother and several 4/5 daughters, the property is equally divided into 5 parts. 1/5 is taken by the father or the mother, and the remaining 4/5 goes to the daughters.Daughters Out of When the heirs are a father the 5/6, or mother (who gets 1/6) and the several sons and daughters, daughters get half 5/6 are divided among them the in such a manner, that each share of son gets double the share of the sons each daughter.Daughters Out of When the heirs are the the 4/6, father, mother (who share the 2/3) and several sons and daughters get half daughters, 4/6 is divided the among them so that each son share gets double the share of of the each daughter. sons
44. 44. Daughter 100% When she is the only one heir, she gets the entire inheritance (1/2 from her Quranic share and the remaining 1/2 as Asaba; because, there are no other heirs to take the residue)Daughter 3/5 When there is only the father, mother, and one daughter (the deceased does not have 2 consanguine brothers, or 4 consanguine sisters, or 1 consanguine brother, and 2 consanguine sisters, the estate will be divided into 5 parts, out of which the father and the mother take 1/5 share each, and the remaining 3/5 shares are taken by the daughter.
45. 45. HEIR % SHARE1 wife or 1/4 When no descendents exist up to 4 among walad (Muslim wives children or agnatic Muslim grandchildren - sons’ son or son’s daughter)1 wife or 1/8 When there are Muslim up to 4 children or Muslim agnatic wives grandchildren (sons’ son or son’s daughter) * daughters children are not entitled to inherit * When a woman marries a man during her final illness and dies, her husband will inherit even if the marriage was not consumated *When a husband dies during the iddah period, the wife will inherit; but, if one of them dies after the period or during the period of waiting or irrevocable divorce, the other will not inherit
46. 46. 1 wife or Equally When there are two or more up to 4 divide wives, they must divide the wives the allotted share equally; i.e., allotted the share awarded to 1 wife share must be divided equally among the other wivesHEIR % SHAREHusband 1/2 If no descendents exist among Muslim children or Muslim agnatic grandchildren (walad) - (sons’ son or son’s daughter)Husband 1/4 When entitled descendents such as Muslim children or Muslim agnatic grandchildren (walad) exist (sons’ son or son’s daughter)Husband inherits If a woman is given a revocable divorce, and she dies during the waiting period of divorce (Iddah), her husband inherits from her.
47. 47. HEIR % SHARE Agnatic 1/2 When there is only a single grand- agnatic granddaughter herdaughter share is a fixed one-half Agnatic receives if no Muslim germane share grand- daughters exist from thedaughter germane daughterAgnatic They When there are two or moregrand- Share agnatic granddaughters asdaughters 2/3 the only heirs equally Agnatic 1/6 When a (1) germane daughter grand- exist along with an agnaticdaughter granddaughterAgnatic 1/2 If there are only agnaticgrand- share of grandsons amongst the heirsdaughters agnatic along with the agnatic grandsons granddaughtersAgnatic 0% The existence of two orgrand- more daughters will totallydaughters exclude any granddaughters
48. 48. Agnatic 0% When a son of the deceasedgrand- existdaughtersAgnatic They When there is one daughtergrand- Share and agnatic granddaughters,daughters 1/6 the daughter inherits a 1/2 equally share and the agnatic granddaughters inherit the remaining 1/6, (making a total of two-thirds) agnatic 2/3 When there is an agnatic grand- grandson by a daughter, anddaughter an agnatic granddaughterby a son by a son, the estate will be divided into 3 parts: 1/3 will go to the agnatic grandson by a daughter, and 2/3 to the agnatic granddaughter by a son. (When the deceased has no children, the child of his son gets a sons share even if it be a daughter, and the child of his daughter gets a daughters share even if it be a son)
49. 49. HEIR % SHAREagnatic Twice When there are agnaticgrandsons the grandsons, then the principle share that the male inherits a of an portion equivalent to that agnatic of two females applies grand- daughteragnatic 0% Muslim agnatic grandsonsgrandsons do not inheritance whenever the deceased has a living sonagnatic 1/3 When there is an agnaticgrandson grandson by a daughter, and by an agnatic granddaughterdaughter by a son, the estate will be , divided into 3 parts: 1/3 will go to the agnatic grandson by a daughter, and 2/3 to the agnatic granddaughter by a son. *When the deceased has no children, the child of his son gets a sons share even if it be a daughter, and the child of his daughter gets a daughters share even if it be a son
50. 50. HEIR % SHAREGrand- 1/6 The maternal grandmothermother inherits in the absence of the(real – mother of the deceasedmother offather ormother)Grand- 1/6 The paternal grandmothermother inherits in the absence of the father of the deceased *The inheritance rights ascend up to the fathers fathers mother or mothers mothers mother (great- grandmothers), etc.Grand- Equally The paternal and maternalmothers divide grandmothers divide the 1/6 the share equally if both are allotted eligible to inherit 1/6 share
51. 51. Grand- 0% If mother existmotherPaternal gets When there are paternal grand- 1/2 the grandparents together with mother share maternal grandparents, the of the estate will be divided into 3 paternal parts. 1/3 will be divided grand- equally between the father maternal grandfather and the maternal grandmother, and the remaining 2/3 will go to the paternal grandfather and the paternal grandmother, from which the paternal grandfather gets twice the share of the paternal grandmother.Maternal Shares When the heirs of thegrand- 1/3 deceased are paternalmother equally grandparents together with with maternal grandparents, the
52. 52. the estate will be divided into 3 maternal parts. One part will be grand- divided equally between the father maternal grandfather and the maternal grandmother, and the remaining 2 parts will go to the paternal grandfather and the paternal grandmother, from which the paternal grandfather gets twice the share of the paternal grandmother.Uterine Share When the heirs aregrand- equally grandparents and brothersmother or sister from the mothers side (uterine), the estate is divided among them equally, though they are of different genders.
53. 53. HEIR % SHAREMother 1/6 When there is a Muslim child or Muslim agnatic grandchildMother 1/3 When there is no Muslim child or Muslim agnatic grandchildMother 1/6 If the deceased son left Muslim brothers or sisters of any kind (uterine, consanguine, etc.)Mother 1/6 If the deceased daughter leaves behind a husband and both Muslim Parents (mother and father) as only heirs No * if no mother (her mom), theMother grandmother takes her placeMother 1/3 If no Muslim child, etc., and no Muslim father, but the Muslim grandfather of the deceased exist as an heir
54. 54. Mother 1/6 Deceased has child or 2 or more brothers/sistersMother 1/3 Deceased had no child or 2 or more brothers/sistersMother 1/4 Deceased had only parents and wife HEIR % SHAREUterine 1/6 Is allotted to a uterine (sameBrother mother) brother from a sibling who has no Muslim child, agnatic grandchild, or Muslim parent, etc. (kalala) Uterine They If the only heirs are aBrothers share paternal brother and sister, 1/3 and several maternal equally brothers and sisters, the with estate will be divided into 3 uterine parts. One part (1/3) will be sisters shared among the maternal brothers and sisters equally, and the remaining 2 parts will be divided among
55. 55. the paternal brothers and sisters, in such a manner that every brother gets double the share of every sister.Consanguine Gets When the only heirs are abrother twice paternal brother and sister, the and several maternal share brothers and sisters, the of the consanguine estate will be divided into 3 sisters parts: 1/3 will be shared from among the maternal the 2/3 brothers and sisters equally, and the remaining 2/3 will be divided among the paternal brothers and sisters so that every brother gets double the share of every sister.Uterine 100% If the only heir of deceased half- (1/6 is one maternal half-brother Quranicbrother share (their father being different), plus 5/6 he gets the entire estate. as asaba)
56. 56. Uterine They When there are several half- share maternal half-brothersbrothers equally alone, or several maternal sisters alone, or both of them together, the estate is divided equally among them.Brother 100% When he is the sole heirConsanguine 0% When there are realbrothers (germane) brothers and sisters, together with half brothers and sisters from the fathers side (Consanguine), and one half- brother or one half-sister from maternal side (uterine), the paternal brothers and sisters will not inherit. (The estate will be divided into 6 parts, from which one part will be inherited by the maternal brother or sister, and the remaining 5 parts will be divided by the real brothers and sisters among
57. 57. themselves, in such a manner that every brother will get double the share of every sister.)Consanguine 0% When there are realbrothers brothers and sisters together with paternal brothers and sisters, and several maternal brothers and sisters, the paternal brothers and sisters will not inherit. In this case, the estate will be divided into 3 parts, from which 1/3 part will be divided equally by the maternal brothers and sisters, and the remaining 2/3 parts will be divided among the real brothers and sisters, in such a manner that every brother gets double the share of every sister.
58. 58. When the only heirs of deceased are his paternal brother and sister, and several maternal brothers and sisters, the estate will be divided into 3 parts. One part will be shared among the maternal brothers and sisters equally, and the remaining 2 parts will be divided among the paternal brothers and sisters, in such a manner that every brother gets double the share of every sister.Germane Divide When there are several realbrothers 100% brothers alone, they divide equally the property equally among themselvesBrother 1/3 to Is allotted to a uterine (same share mother) brother in instances equally with all where a kalala dies leaving siblings behind additional Muslim (3 or uterine siblings as heirs (3+) more)
59. 59. Brother 100% When a sister dies as a kalala, leaving the brother in question as the sole heirBrothers Twice When a sister dies as a the kalala and leaves germane share (full) brothers and sisters of a as heirs femaleBrothers Equally if there are Muslim uterine divide brothers and sisters plus the Muslim germane brothers allotted and sisters (full), then they share share in the residue * Uterine siblings only inherit in the absence of Muslim descendents and ascendants (a Muslim child, agnatic grandchild, or parent); i.e., when the deceased is a kalala * Uterine siblings inherit equally, as do their descendents
60. 60. Consanguine 2/3 When there is a paternalbrother brother and maternal grandfather, the paternal (consanguine) brother inherits 2/3 and the maternal grandfather inherits 1/3 of the estateBrothers 1/3 to Umar ibn al-Khattab (both share allowed the germane (full) uterine equally brothers to inherit equally and with all with the uterine brothers ingermane) siblings the share of 1/3.Consanguine When the deceased is 0% (half) survived by descendants or aBrother father on themother’s side Uterine Share When there arebrothers equally grandparents and brothers or sister from the mothers side (uterine), the estate is divided among them equally, though they are of different genders.
61. 61. HEIR % SHARENEPHEW A male Agnatic (related to the and gets deceased from the father’s NIECE twice or male side) nephews and(Children the nieces are only entitled to of share inherit in the absence ofBrothers of a their parents (agnatic) /Sisters) female brothers and sisters of the deceased; thus, a nephew/niece will receive what his/her parent would have received if he/she was alive. They will also not inherit if the children or children’s children of the deceased are living.NEPHEW 0% as The niece and nephew from and long as the sister’s side (thawil NIECE an arham) will not inherit as(Children eligible long as the deceased’s heir of parents, grandparents, existBrothers great-grandparents, etc., /Sisters) children, grandchildren, brothers, sisters, paternal uncles, paternal uncle’s son,
62. 62. grandson, great-grandson, brother’s son, grandson, great-grandson, etc. are alive. If this is the case, a nephew or niece assumes the share of the absent heir.Uterine Shares When there is a paternalnephew 1/3 brother, maternal equally grandfather, and maternal with nephew, the paternal uterine (consanguine) brother grand- father inherits 2/3 and the maternal (uterine) grandfather inherits 1/3 of the estate equally with the uterine nephewHEIR % SHAREAgnatic 1/6 When a male descendent (real) (replaces such as his Muslim son died hisGrand- deceased with a living Muslim son orfather son) agnatic Muslim grandson in his absence, etc.
63. 63. Agnatic 1/6 plus When his Muslim daughter (real) residue or agnatic MuslimGrand- as an granddaughter etc., exist asabafatherAgnatic 100% as When no Muslim children (real) asaba male or Muslim femaleGrand- agnatic descendent existfatherAgnatic 0% When the father of the (real) deceased existGrand-fatherAgnatic Inherits Deceased has no father and (real) as no childGrand- asaba onlyfather and gets residueAgnatic 1/6 Deceased has no father, but (real) has sons or son’s sonsGrand- (agnatic grandsons)father
64. 64. Agnatic Replaces the absent father; (real) but, unlike the absent father,Grand- the grandfather does notfather reduce the mother’s share to 1/3 of the residue, nor entirely exclude the paternal grandmother. According to Bukhiri and Imam Muslim, the father deprives the brothers of their share; however, this authority does not apply to the grandfather. Imam Abu Hanifa, unlike Bukhari and Imam Muslim is of the opinion that the grandfather deprives the brother of his share in the inheritance. * The grandfather excludes the Great-grandfather
65. 65. Uterine Shares When there are paternalgrand- 1/3 grandparents together withfather equally maternal grandparents, the with the estate will be divided into 3 maternal grand- parts: 1/3 will be divided mother equally between the maternal grandfather and grandmother, and the remaining 2/3 will go to the paternal grandfather and grandmother, from which the paternal grandfather gets twice the share of the paternal grandmother.Consanguine gets When the heirs of the grand- twice deceased are paternal father the grandparents together with share maternal grandparents, the of the paternal estate will be divided into 3 grand- parts. One part will be mother divided equally between the maternal grandfather and the maternal grandmother, and the remaining 2 parts will go to the paternal
66. 66. grandfather and the paternal grandmother, from which the paternal grandfather gets twice the share of the paternal grandmother.Uterine 1/3 When there is a paternalgrand- brother and maternalfather grandfather, the paternal (consanguine) brother inherits 2/3 and the maternal grandfather inherits 1/3 of the estateUterine Shares When there is a paternalgrand- 1/3 with brother, maternalfather the grandfather, and maternal uterine nephew, the paternal nephew (consanguine) brother inherits 2/3 and the maternal (uterine) grandfather inherits 1/3 of the estate equally with the uterine nephew
67. 67. Uterine Shares When the heirs aregrand- equally grandparents and brothersfather or sister from the mothers side (uterine), the estate is divided among them equally, though they are of different genders.HEIR % SHAREGermane When the deceased is also Sister ½ survived by a consanguine sister(s) from the father’s side, in addition to his germane sisterGermane 0% When there are descendants Sister or a fatherGermane They When there are several real sisters share sisters alone, they divide the 100% property equally among equally themselves
68. 68. Consanguine 0% When the deceased is (half)sister on survived by descendants or afather’s father sideConsanguine 1/6 When the deceased has a (half)sister on germane (full) sisterfather’s sideConsanguine They When there is more than 1sister on share consanguine sisterfather’s 2/3 side equallyConsanguine 0% When there is 1 germanesister on sister and agnaticfather’s granddaughter of the side deceased (son’s daughter)Consanguine 0% When the deceased is (half)sister on survived by descendants or amother’s father side
69. 69. Consanguine 0% When there are real sister (germane) brothers and sisters, together with half brothers and sisters, and one half-brother or one half-sister from maternal side (uterine), the paternal brothers and sisters will not inherit. (The estate will be divided into 6 parts, from which one part will be inherited by the maternal brother or sister, and the remaining 5 parts will be divided by the real brothers and sisters among themselves, in such a manner that every brother will get double the share of every sister.)Consanguine When there is a paternal sister ½ the brother and sister, and share several maternal brothers of the and sisters, the estate will consanguine brother be divided into 3 parts: 1/3
70. 70. from will be shared among the the 2/3 maternal brothers and share sisters equally, and the of the remaining 2/3 will be divided estate among the paternal brothers and sisters, in such a manner that every brother gets double the share of every sister.Uterine Shares When there are sister equally grandparents and brothers or uterine sister, the estate is divided among them equally, though they are of different genders.Consanguine 0% When there are two or moresister on germane (full) sistersfather’s sideConsanguine O% When there is a germanesister on brotherfather’s side
71. 71. Uterine Shares When her deceased sibling sister 1/6 dies as kalala, and also equally leaves a uterine brotherUterine 1/6 When she is the only uterine sister sister of the deceasedUterine Shares When their deceased uterine sister 1/3 sibling dies as kalala, and equally leaves more than one uterine sister or brotherGermane Share When a man dies (their sisters 2/3 brother) and leaves no child, equally and they (germane sisters) are the only heirsGermane 1/2 When a man dies (her sister brother) and leaves no child, and the she is the only heirGermane 1/2 When a man dies (their sisters share brother) and leaves no child, of a and they (germane brothers male and sisters) are the only heirs
72. 72. Germane 1/5 – When there are two real sister half the brothers and one real sister, share the property will be divided of her into 5 parts, and each two brothers brother will get 2 parts while the sister will get oneConsanguine 1/2 When there are paternalsister on share half-brothers together withfather’s of a paternal half-sisters, every side male brother gets double the share of every sister.Consanguine 1/2 When there is only 1sister on consanguine sisterfather’s side Uterine 100% When there is one uterine she gets half- the entire half-sister as sole heir sister estate Uterine Share When there are several sisters equally maternal brothers alone, or several maternal sisters alone, or both of them together, the estate is divided equally among them.
73. 73. HEIR % SHAREFather 1/6 When a Muslim man (his son) has left Muslim children or Muslim agnate grandchildren as heirsfather 100% of When the deceased Muslim what (his son) has no Muslim remains children or Muslim agnate as an descendants asabaFather 2/3 If sole heir with motherFather 1/6 plus When there is only a Muslim residue daughter or Muslim agnate granddaughter, etc. and no Muslim son or agnate Muslim grandson (Daughter gets ½ or 2/3 when two or more, and Muslim agnate granddaughter gets 1/6)
74. 74. Father According to Imam Bukhari and Imam Muslim, the presence of father deprives even the brothers of their share in the inheritance.Father 0% When his deceased son has inherits no child only as asabaHEIR % SHAREAunts Uncle Inherit only when there are and gets no Muslim parents orUncles twice grandparents of the the deceased share of the auntAunts 100% When the only heir of and deceased is one paternalUncles uncle or aunt
75. 75. Aunts They When there are paternal and Share uncles alone, or aunts aloneUncles Equally that are all real or paternal brothers and sisters of the father of the deceasedAunts Male When there are several and gets paternal uncles togetherUncles twice with the aunts of the the deceased, and all of them share are the real or the paternal of a brothers and sisters of the female deceased’s father, the paternal uncle will get twice the share of the paternal aunt.Aunts They When there are several and Share maternal uncles or aunts,Uncles Equally
76. 76. Aunts Male When there are maternal and gets uncles together with the Uncles twice maternal aunts, the uncles the will receive twice the share share of the aunts of a female Aunts 0% When the heirs of deceased and are his paternal uncles and Uncles paternal aunts, some of(paternal whom are the real brothers half and sisters of his father,brothers while others are paternal and or maternal half brothers sisters and sisters of his father, of the those who are paternal halfdeceased’s brothers and sisters will father) not inherit anything A paternal 1/6 When the deceased is uncle or aunt who is survived by their full real the uterine paternal uncles andhalf-brother or sister of paternal aunts the deceased’s father
77. 77. full real 5/6 When the deceased ispaternal (the survived by one paternal residue uncles after a uncle or one paternal aunt, and paternal who are the maternal half- uncle orpaternal aunt who brother and half-sister ofaunts of are the the deceased’s father maternal the half-deceased brother and half- sister of the deceased’s father get their 1/6 share) A 5/6 When the deceased has nopaternal (the real full paternal uncles residueuncle or after a and real full paternal aunts aunt paternal uncle or who is aunt who the are the maternal uterine half- half- brotherbrother and half- sister ofor sister the of the deceased’s father getdeceased’s their 1/6 father share)
78. 78. real 2/3 When there are paternalpaternal uncles together with uncles paternal aunts who are theand real maternal half brothers andpaternal sisters of the deceased’s aunts of the fatherdeceased , who arethe half-paternalbrothers andsisters ofhis fatherPaternal 1/3 When there are paternal uncles uncles and aunts togetherand aunts who are the maternal half of the brothers and sisters of thedeceased deceased’s father who are thematernal half-brothers andsisters ofhis father
79. 79. maternal 100% If a deceased has only oneuncle or maternal uncle or maternalmaternal aunt, he or she inherits the aunt entire estatematernal Male When there is a maternal uncle gets uncle along with a maternaltogether twice aunt (whether they be thewith the the full, or the paternal, or thematernal share maternal half brothers and aunt of a sisters of the deceased’s female mother) Aunts Male When the heirs of the and gets deceased are one or several Uncles twice maternal uncles and aunts the from the mothers side, and share full maternal uncles and of a aunts, together with female maternal uncles and aunts from the fathers side
80. 80. maternal 1/3 When there is one oruncle or several maternal uncles ormaternal aunts, or maternal uncles aunt or together with maternal both of aunts, with one or several them paternal uncles or aunts, or paternal uncles together with paternal auntspaternal 2/3 When there are one oruncle or several maternal uncles, oraunt, or one or several maternal both of aunts, or maternal uncles them together with maternal aunts, with one or several paternal uncles or aunts, or paternal uncles together with paternal auntsmaternal 1/3 When there is one maternaluncle or uncle or aunt together with the a paternal uncle and aunt,maternal (full paternal uncle and aunt aunt or related from the fathers side)
81. 81. paternal Share When there is one maternal uncle 2/3 uncle or aunt together withand aunt (male a paternal uncle and aunt, gets (full paternal uncle and twice aunt or related from the the share fathers side) of a female)maternal Share When there are oneuncle or 1/3 maternal uncle or aunt aunt (male together with one paternal gets uncle, or one half paternal twice aunt related from the the mothers side together with share of a full or half paternal uncles female) and auntspaternal Share When there is one maternal uncles 2/3 uncle or aunt together with and (male one paternal uncle, or one gets aunts half paternal aunt related twice from the mothers side the share together with full or half of a paternal uncles and aunts female)
82. 82. maternal 1/3 When there are several uncles (male maternal uncles and aunts, and gets all of whom are either full twice aunts or related from fathers or the mothers side, and also a share of a paternal uncle and aunt female)paternal They When there are several uncle share maternal uncles and aunts,and aunt 2/3 all of whom are either full (male or related from fathers or gets mothers side, and also a twice the paternal uncle and aunt share of a female)paternal They When there is a maternal uncle share uncle only, or half maternaland aunt 2/3 aunts related from the (male mothers side together with gets several maternal uncles and twice aunts who are either full or the half related from fathers share side, and also a paternal of a uncle and aunt female)
83. 83. maternal They When there is a maternal uncle share uncle only, or if there areonly, half 1/3 half maternal aunts relatedmaternal (male from the mothers side aunts, gets together with severalmaternal uncles twice maternal uncles and auntsand aunts the who are either full or half who are share related from fathers side, either of a and also a paternal uncle full or female) and aunt half related from fathers side paternal They When there are paternal and share and maternal uncles andmaternal 1/3 aunts of the deceased’s uncles (male father, and paternal andand aunts gets maternal uncles and aunts of the twicedeceased’s the of his mother mother share of a female)
84. 84. fathers They When there are paternalmaternal share 1 and maternal uncles and uncle part of aunts of the deceased’s theand aunt father, and paternal and remaining 2/3 maternal uncles and aunts (male of his mother gets twice the share of a female)fathers They When there are paternalpaternal share 2 and maternal uncles and uncle parts of aunts of the deceased’s theand aunt father, and paternal and remaining 2/3 maternal uncles and aunts (male of his mother gets twice the share of a female)

You can inherit the house by giving him money.. be sure all the documents are uptodate and properly signed by each brother and sister... again if u give him money u have to be carefull to share ur home with ur bro.. for suggestion can pm me

You have posted that;

".................belong to muslim family."

It is felt that, there is  nothing ancestarl in Muslims.

There is share for everyone.

The share shall be decided as per personal law that appliesd to your sect.

If one is willing to settle amicably, nothin like it.

 

Reduce everything in writing and registrer and close.

Engage a very able counsel specializing in property/civil matters.

 

 After making a valid relinquishment deed after giving him full amount & if he leaves house & come back after couple of months that he had spent all the money & he has no house to live & nothing to feed his children & try to forcibly enter my house with his wife & children or make his wife & children enter my house ,what can i do?

is there any law that can prevent his wife & children from entering my house or to vacate them if they forcibly enter my house?

please suggest!

Engage a very able counsel specializing in property/civil matters to proceed properly and defend your interest.

Any settlement should include sisters as well.