LLB-1: Islamic Jurisprudence

24-10-2017
Prepared by: Raja Aqeel Zafar

“And you consume inheritance, devouring [it] altogether”

(Holy Quran 89: 19)
Introduction
Inheritance is an integral part of Islamic Shariah Law and its application in Islamic society
is a mandatory aspect of the Divine teachings of Islam.

That Muslim inherit from each other is proven from the Holy Quran:

“There is a share for men and a share for women from what is left by parents and those
nearest related, whether, the property be small or large – a legal share.“ [An-Nisa 4:7]

Sayings of the Holy Prophet Concerning Importance of Inheritance

 Hazrat Anas (RA) related that the Prophet (PBUH) said:“If anyone deprives an heir of his
inheritance, Allah will deprive him of his inheritance in Paradise on the Day of
Resurrection.” (Sunan Ibn Majah)

 Hazrat Abu Huraira narrated that the Prophet (PBUH) 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 deeds and enters hell. (Sunan Ibn Majah)

 Hazrat Ibn Umar (RA) narrated that the Holy Prophet (PBUH) said: “The Muslim man
has no right to spend two nights, if he has something for which a will should be made,
without having a written will with him. (Sunan Ibn Majah)

 The Holy Prophet said: “Learn (the knowledge of) inheritance and teach it (to the people)
for it is half of knowledge; and it will eventually be forgotten. It will be the first
(knowledge) to be taken away from my Ummah” (Sunan Ibn Maajah)

 Hazrat Muhammad (PBUH) said “Indeed I am a man who will be taken away, therefore
learn Fara-idh (laws of inheritance) and teach it. The time of the disappearance of
knowledge will come close, when two persons will dispute regarding an Islamic ruling
and they will find no one to decide the dispute.”
 Hazrat Anas ibn Malik (RA) relates that the Messenger of Allah (PBUH) said: “Whoever
deprives an heir of his/her inheritance-share [as fixed by Qur’anic guidelines], Allah will
deprive him/her of Paradise on the day of judgment.” (Sunan Ibn Majah, no: 2703)

Definitions

 Mirath: is derived from the verb ‘waratha’ ‫ ورث‬which means to inherit anything. Another
literal meaning of the word Mirath is that, it connotes the handing over of a thing from
one person to another.

 Al-Faraidh: is plural of Al-Faridha ‫ الفریضة‬which is derived from the verb Faradha (‫ )فرض‬,
which literally mean “a fixed share”.

 In the legal terminology, it is knowledge about some rules of the Shari’ah which guides
us about who will inherit and who will not and what shares will go to the heirs from the
property of the deceased.

 Wasiyyah: Islamic will is called Wasiyyah

 Taraka: All what a deceased leaves behind of wealth, jewelry, movable or immovable
property, whether it is with him or given in loan to another person; all that can be
inherited

 Aulad: (Children): Includes sons, daughters, grandsons, grand-daughters and so on

 Narina Aulad (Male Children): Includes sons, grandsons, great grandsons and so on

 Kalala: A person (male or female) who has died (& has taraka left behind) & has no
Narina Aulad, and has no father, grandfather or great grandfather.

 Full brothers/sisters: Brothers/sisters who have the same father and mother

 Paternal brothers/sisters: Brothers/sisters who have the same father but different
mothers

 Maternal brothers/sisters: Brothers/sisters who have the same mother but different
fathers

 Zawil-Furoodh: These are the family members whose shares are exclusively set by
Quran e.g. Father, Widow etc

 Asabah: Relatives who may have a share but share is NOT fixed in Quran or Sunnah
 Primary heirs: Those relatives of the deceased whose share of inheritance is obligatory
(is a must). They include son, daughter, father, mother, husband, wife etc. These are the
primary sharers of the inheritance.

 Secondary heirs: Inherit the estate when they are the only heirs in absence of primary
heirs.

 Zawil Arhaam: relatives of deceased who are neither from Zawil Furooz nor Asabaat, and
are related to the decreased through a woman or they are women e.g. Maternal
grandfather, maternal granddaughter, maternal uncle/aunt, paternal aunt etc

 Mahjoob: A potential inheritor who gets blocked due to the presence of another more
primary inheritor e.g. grandson gets blocked in presence of son

 Wasiyyah (Bequest): A part of taraka, not more than 1/3 that deceased, nominates in
his/her will, to be given to certain people or organization
Writing a Will/Wasiyyah

 Writing a will means, mentioning all the legal heirs & also allowing up to 1/3 of
total wealth (bequest) to people, organizations besides his legal heirs.

 The evidence that writing a will is prescribed in Islam is to be found in the Quran and
Sunnah, and the consensus of the scholars. Allah says (interpretation of the meanings):

 “It is prescribed for you, when death approaches any of you, if he leaves wealth, that he
makes a bequest to parents and next of kin, according to reasonable manners. (This is)
a duty upon Al-Muttaqoon (the pious)”[al-Baqarah 2:180]

 Similarly the Prophet (PBUH) said:

Narrated Abdullah bin Umar: Allah’s Apostle 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.” [Sahih al-Bukhari]

 In Islamic Law, the inheritance from the deceased person is defined by Shariah Law.
However, a person is entitled to make his own will up to 1/3 of his wealth/assets:

 Hazrat Amir bin Saad (RA) narrated that that his father said “I became sick during the
conquest and was at death’s door. The Holy Prophet (PBUH) came to visit me and I said
that Oh Messenger of Allah (PBUH), I have a great deal of wealth & no one will inherit
from me apart from my daughter, can I give two thirds in charity? He said ‘No’. I said
 ‘Then half?’ He said ‘No’. I said ‘One third? He said ‘One third & one third is a lot. If you
leave your heirs rich that is better than leaving them destitute & begging from people.

 It is NOT necessary for a person to make any other person a share holder of his
inheritance other than his/her rightful heirs, but this should be mentioned in a will i.e.
80 % of my whole inheritance will be for my rightful heirs & 20 % for such and such
person, organization or 100% for my heirs, 0 % for any other etc

 If someone has not written a will, it will be assumed that his inheritance will only be
distributed among the rightful legal heirs and the heirs have to ensure that estate is
distributed according to the basic principles of inheritance.
Steps/Procedure of Distribution of Taraka

 Pay funeral/burial expenses

 Pay any debts

 Pay Haq Mehr to wife if not paid before hand in case of death of her husband

 Execute any bequest (Wasiyyah) written in the Will, not to exceed 1/3 of total estate

 Distribute among legal heirs

 It is better for a pregnant woman, whose unborn child can be a potential heir, to
conceive before distributing the inheritance among legal heirs

 Otherwise distribution of inheritance should be done as early as possible, as an early

subsequent death of one of the heirs may complicate matters
Quranic References Concerning Inheritance:
Surah An-Nisa (4: 7-13) and (4: 176)

Zawil Furoodh

 These are the family members whose shares are exclusively set by Allah in the Holy
Quran. They include:

 Father

 Mother

 Wife (Widow)

 Husband

 Daughter(s) (if there are no sons)

 A few others (described later)
It should be noted that son is not mentioned in the Zawil Furooz by the Holy Quran. But
son is the most important heir. Holy Prophet (saw) said, “Whatever is left after giving away
the share to the mandatory heirs goes to the son(s)” This will be elaborated further up
ahead.

Asabah (Residual Heirs)

 Relatives who may have a share but their share is NOT fixed in Quran or Sunnah

 They are also called residual heirs

 For example in a small family, if deceased leaves behind a father, mother, a wife and one
son and one daughter, then

o Father’s share will be calculated (whose share is fixed as 1/6 in this case)

o Mother’s share will be calculated (whose share is fixed as 1/6 in this case)

o Wife’s share will be calculated (whose share is fixed as 1/8 in this case)

o After giving the above their share, remaining wealth is distributed according to given
principle (ratio 2: 1) among son & daughter.

o Because the son & daughter are given remaining or residual wealth, they are said to
be among the Asabah

o There are categories of Asabah; sons and daughters are among first category; many
other major categories are mentioned under ‘secondary heirs’
Primary Inheritors
Those relatives of the deceased whose share of inheritance is obligatory: They may also
block share of secondary heirs and make them Mahjoob. The following will surely inherit a
share of the inheritance (except in certain circumstances):

 Children (Sons & daughters)

 Parents (Real mother & real father)

 Wife/Wives

 Husband
Secondary Heirs
Inherit a share of the estate when they are the heirs in the absence of one or more of the
primary heirs. Enlisted in order of preference:

 Paternal Grandson(s), Paternal Granddaughter(s)

 Full brothers, full sisters

 Paternal brothers & sisters, maternal brothers & sisters (half brothers; half sisters)

 Paternal grandfather

 Full brother’s son

 Paternal brother’s son

 Paternal uncle (Father’s full brother)

 And many others

Zawil-Arham

 All females apart Zawil Furooz or Asabah – such as paternal aunts, maternal aunts,
daughters of brothers, daughters of sisters, and daughters of paternal uncles – come
under the heading of dhuwil arhaam or

 These are relatives of the deceased who are neither from Zawil Furooz nor Asabaat, and
are related to the deceased through a woman or they are women e.g. such as paternal
aunts, maternal aunts, daughters of brothers, daughters of sisters, and daughters of
paternal uncles, Maternal grandfather, maternal granddaughter etc
To Whom Charity (Bequest/Wasiyyat) in a Will Cannot be Given

 Should not exceed 1/3 of total inheritance

 Legal heirs cannot be given charity besides their inheritance

 Cannot be given towards a non-Shariah Compliant activity or fund.

 Cannot be given to murderer of the deceased

Which People Cannot Inherit (But Can be given Bequest/Wasiyyah)

 Adopted children

 Legal slave

 A Non-Muslim cannot inherit from Muslim and vice versa

 Some relatives
 o Daughter’s children

o Sister’s children

o Brother’s daughters

o Maternal brother’s children

o Maternal daughter’s children

o Mother’s brothers

o Father’s sisters

o Mother’s father (maternal grandfather)

o All in-laws

o Step-Mother, step-father, step brothers, step sisters (share no birth parents with
deceased)

o Some others besides above

 Ex-wife (or ex-wives)

Which People Cannot Inherit at All

 Murderer of the deceased cannot inherit at all; not even from the bequest

Table of Shares of Inheritance among Zawil Furoodh

Rule 1A : First find out shares of Zawil Furoodh

Rule Inheritor Case Condition Share of
Inheritance
1 Daughter 1 Deceased also has son(s) Half of son
2 Deceased only has one daughter Half
3 Two or More than two daughters All share 2/3
with no son inheritance
2 Mother 1 Deceased has children 1/6
2 Deceased has no children & no 1/3
brothers or sisters
3 Deceased has no children & has 1 1/3
 brother or 1 sister
4 Deceased has no children & has 2 1/6
or more than 2 siblings (full,
maternal or paternal)
3 Father 1 Deceased has son or grandson 1/6
2 Deceased has no son, grandson, 1/6 plus whatever
but has daughter(s) or remains of Zawil
granddaughter(s) Furoodh
3 Deceased has no children at all Whatever remains
of Zawil Furoodh
4 Husband 1 Deceased has children 1/4
2 Deceased has no children 1/2
5 Wife or Wives (to 1 Deceased has children 1/8
be divided 2 Deceased has no children 1/4
equally among all
wives if more
than one)
6 Grand Daughter 1 1 daughter, no son & no grandson 1/6
(From son only) from a son
(Paternal 2 No son & no daughter, 1 1/2
Granddaughter) granddaughter from a son & no
grandson from a son
3 No children, 2 or more All share 2/3
granddaughters from a son & no inheritance
grandson from a son
4 No children, 2 or more Female gets 1/2
grandchildren from son of male
7 Paternal 1 Deceased does not have a father & 1/6
Grandfather has children
2 Deceased does not have a father & Whatever remains
has no children of Zawil Furoodh
Rule Inheritor Case Condition Share of
Inheritance
8 Paternal Grand- 1 Deceased does not have parents & 1/6
mother does not maternal grandmother
2 Deceased does not have parents & 1/12
does have a maternal
grandmother
9 Maternal Grand- 1 Deceased does not have parents & 1/6
mother does not have a paternal
grandmother
2 Deceased does not have parents & 1/12
does have a paternal grandmother
10 Kalala 1 Deceased has 1 full sister, no full 1/2
Case 1 brother & no male ascendants or
descendants
(Full Sisters or
2 Deceased has 2 or more full All share 2/3
brothers and no
sisters, no full brother, & no male inheritance
male ascendants
ascendants or descendants
or descendants)
3 Deceased has full sisters & full Full sister(s) get
brothers, & no male ascendants half of full
or descendants brother(s)
4 Deceased only has a daughter or Whatever remains
granddaughter of Zawil Furoodh
11 Kalala 1 Deceased has 1 (maternal brother 1/6
Case 2 or sister)
2 Deceased has 2 or more brothers All share 1/3
Having Maternal
and/or sisters
Siblings with no
3 Deceased has a daughter or Mahjoob (Blocked)
male ascendants
granddaughter
or descendants
12 Kalala 1 One paternal sister ½
Case 3 2 More than one paternal sisters All share 2/3
3 Paternal brothers & sisters Sisters get ½ of
Having Paternal
brothers
Siblings and no
4 One full sister & one paternal 1/6
 male ascendants sister
or descendants 5 One full sister & daughter(s) or Mahjoob (Blocked
granddaughter(s)
6 No full sisters, but has Whatever remains
daughter(s) or granddaughter of Zawil Furoodh
7 Two full sisters Mahjoob (Blocked)

Male: Female Ratio

 Rule 13. A male & female of the same class receive shares with the ratio of 2:1 [AnNisa
4:11], [AnNisa 4:176]

 This is often called joint ta’seeb

 The following conditions should be met:

o Male & female are of the same class

o This rule applies during the distribution of residual shares, and not the distribution
of prescribed shares

o This rule doesn’t apply to maternal siblings. Here there share is equal (Rule 11.2)

o Joint Ta’seebs are possible only for the following cases:

•Son & daughter
• Grandson & Granddaughter
• Full brother & full sister
• Paternal brother & paternal sister

o Joint Ta’seeb are NOT possible for the following case:

 Nephews and nieces (nephew blocks niece from inheriting)

Rule 14. Al-Radd

Under certain circumstances after allocation of the estate amongst all the heirs with fixed
shares there is a residue left over but there are no residuaries. This residue called al-
radd is returned to those sharers who are entitled to it, in proportion to their original
shares.
Rule of Radd:
“Increase shares proportionally among all heirs except the spouse, if there is still some
share left to be distributed after giving the inheritors their proscribed shares”

For example: if a deceased has left only 2 maternal sisters

Normally they will get 1/3 of the estate if there are other heirs

But in this case there are no other heirs.

So they will get the entire residue (Al-Radd). Since their share is equal, they will both get
50% of the inheritance

 Except the shares of the spouse, the spouse shares are strictly fixed. They cannot be
increased unless no other relatives are found. (Radd does not apply to spouses)
Rule 15. Al-Awal
This is a case opposite to above case of Al-Radd. A situation may arise when the total sum
of the assigned shares of the heirs with fixed shares is greater than unity. In this situation
all the shares are abated proportionately by the doctrine of al-awal which involves
decreasing the fractional shares to a common denominator, and increasing the
denominator in order to make it equal to the sum of the numerators.
(Calculation for adjustment for Al-Radd & Al-Awal is too complex; given at the end under
Frequently Asked Questions)

The normal shares of each heir will decrease due to this increase above unity
For example: If a deceased has left a husband & two full sisters

Husband gets ½ if there are no children of deceased wife

Full sisters get 2/3

Now ½ plus 2/3 is greater than 1

Now Husband will get 3/7 (about 42.86 %)

Each sister will get 2/7 (about 28.57 %)

Making unity of 1: 3/7 + 2/7 + 2/7 = 1

Mahjoob (Block)
A potential inheritor who gets blocked due to the presence of another more primary
inheritor e.g. grandson gets blocked in presence of son

Major examples of Mahjoob:

 Rule 16. Son blocks Paternal Grandson, Paternal Granddaughter, Full brother, Full
sister, Paternal brother, Paternal sister, Maternal Brother, Maternal sister, Full Nephew,
Paternal Nephew, Full paternal Uncle, Full cousin etc

 Rule 17. Grandson blocks Full brother, Full sister, Paternal brother, Paternal sister,
Maternal Brother, Maternal sister, Full Nephew, Paternal Nephew, Paternal Nephew’s
son, Full paternal Uncle, Full cousin etc

 Rule 18. Father blocks Paternal Grandfather, Paternal Grandmother, Full brother, Full
sister, Paternal brother, Paternal sister, Maternal Brother, Maternal sister, Full Nephew,
Paternal Nephew, Full paternal Uncle, Full cousin etc

 Rule 19. Mother blocks Paternal Grandmother, Maternal Grandmother

 Rule 20. Paternal Grandfather blocks Full Nephew, Paternal Nephew, Full paternal
Uncle, Full cousin etc

 Rule 21. Full brother blocks Paternal brother, Paternal sister, Full Nephew, Paternal
Nephew, Full Nephew’s son, Paternal Nephew’s son, Full paternal Uncle, Paternal
paternal uncle, Full cousin etc

 Rule 22. Full sister blocks Paternal brother, Paternal sister, Full Nephew, Paternal
Nephew, Full Nephew’s son, Paternal Nephew’s son, Full paternal Uncle, Paternal
paternal uncle, Full cousin etc

 Nephew blocks any niece from inheriting

 Many others can block after this for example paternal brother, paternal sister

 Females block less than males; for example father blocks full brother, but mother may
not block a full brother of deceased

 Rule 23. Following can never be blocked: Husband, wife, son, daughter, mother and
father

 Spouses can never be blocked nor can they block anyone

Taseeb (Asabah) Ranking in Order
Rule 12b: After giving to Zawil Furoodh, give to Asabah according to following
priority:

1) Son(s), daughter(s)

2) Paternal Grandson, paternal Granddaughter

3) Father

4) Full Brother, Full sister (Kalalah starts here)

5) Paternal Brother, Paternal Sister

6) Paternal Grandfather

7) Full brother’s son

8) Paternal brother’s son

9) Full brother’s son’s son

10) Paternal brother son’s son

11) Paternal Uncle

13) Paternal Uncle’s son (cousin)

And so on……

 Rule 24. Every category below it will get blocked from inheritance EXCEPT the father

 Rule 25. If husband is also a paternal uncle’s son, he should be treated as two
individuals if necessary

 Rule 26. In case of female heirs, the inheritance stops at them and does not move on to
their children as in case of male heirs.

 Rule 27.A full brother cannot receive less than the maternal brother; they receive same
as maternal siblings
 Rule 28. Maternal grandfather (mother’s father) is blocked from inheritance. Both his
male & female ancestors are also blocked. This is different from maternal grandmother
(mother’s mother). She gets the inheritance. Also, her female ancestors can also get
inheritance, but not the male ancestors.

 Role promotion when the second person mentioned is not alive:

 Grandfather becomes a father

 Paternal grandmother becomes a mother

 Granddaughter become a daughter

 Sister becomes a daughter

 Maternal sister becomes a daughter

 Rule 29. If the deceased left behind a spouse, a father and a mother, but no offspring
Hazrat Umar’s calculations need to be applied. (Hazrat Umar’s Fatwa)
Parents will not get their prescribed share
b. Parents will share the remainder with the 2:1 ratio for father & mother
Wisdom (Hikmat) Behind Males Getting Primary Importance in Inheritance
As we see from above:

 Sons get twice as daughters

 Brothers get twice as sisters

 Son’s children inherit but daughter’s children do not inherit

 Paternal relatives given primary importance etc

This is because in Islam, males are the primary bread-winners of the family
Deceased has NO relatives at all (Near or Far)

 Government takes the whole estate

Case of Heirs dying at same time (e.g. in an accident)

1. If sequence of their deaths is known, e.g. husband died before wife, then it is easy and
inheritance will be calculated by the normal routine as given above

2. If all died at same time, sequence of death is not known, uncertain or forgotten: in all
these cases, they will NOT inherit from each otherFor example in case of death of
husband and wife at the same time, the husband’s estate will be divided among his
 heirs, and his wife does not inherit anything from him. And the wife’s estate will be
divided among her heirs, and her husband does not inherit anything from her.
Disowning (Aaq) by Parents
It is NOT permissible in Islam to disown any legal heir (son, daughter etc) of their rightful
inheritance. This is Haram and they will inherit as normal after death of the parent

A Non-Muslim scholar on Islamic Law of Inheritance:

Professor Almaric Rumsey (1825-1899) of King’s College, London, the author of many works
on the subject of the Muslim law of inheritance and a barrister-at-law, stated that the
Muslim law of inheritance, “comprises beyond question the most refined and elaborate
system of rules for the devolution of property that is known to the civilized world.” (Rumsey,
A. Mohummudan Law of Inheritance. (1880) Preface iii)
Examples
Now we shall discuss some cases:

1. Relatives deceased left behind:

Mother, Wife, son, paternal grandson
1st find Shares of Zawil Furoodh: (Rule 1A)
Mother: 1/6 (Rule 2.1)

Wife: 1/8 (Rule 5.1)

Take common denominator of 6 & 8, we get 24

So mother gets 1/6 x 24 = 4/24

Wife gets 1/8 x 24 = 3/24

Shares: Asabah (Residuaries/remainder): Rule 12b

Son will get the rest means 17/24

Paternal Grandson Mahjoob (Blocked by son, Rule 15)

2. Relatives deceased left behind:

Husband, 2 sons, 2 daughters
Shares: Zawil Furoodh: (Rule 1A)

Husband: ¼ (Rule 4.1)

Shares: Asabah: Rule 12b

2 sons and 2 daughters will get the remainder (3/4)

They will get in ratio of (Brother: Sister) = 2 : 1 (Rule 13)

Estate divided into 8 Shares

Husband: ¼ x 8 = 2/8

1st brother: ¼ x 8 = 2/8

2nd brother: ¼ x 8 = 2/8
1st sister: 1/8 x1 = 1/8
2nd sister = 1/8 x1 = 1/8

3. Relatives deceased left behind:

Mother, father, wife, daughter, paternal grandfather
Shares: Zawil Furoodh: (Rule 1A)

Mother: 1/6 (Rule 2.1)

Father: 1/6 plus remainder of Zawil Furoodh (Rule 3.2)

Daughter: ½ (Rule 1.2)

Wife: 1/8 (Rule 5.1)

Paternal grandfather: Blocked by father (Rule 18)

Estate divided into 24 shares

Mother: 1/6 x 24 = 4/24

Daughter: ½ x 24 = 12/24

Wife: 1/8 x 24 = 3/24

Father 1/6 x 24 = 4/24

Total shares 4 + 12 + 3 + 4 = 23, one share remaining which goes to father

So father gets 4/24 + 1/24 = 5/24

4. Relatives deceased left behind:

Mother, father and 3 children
Shares of Zawil Furoodh:
Mother: 1/6 (Rule 2.1)

Father: 1/6 plus whatever remains of Zawil Furoodh (Rule 3.2)

Daughters share 2/3 (Rule 1.3)

Total Shares: 18
Mother 1/6 x 18 = 3/18
Father 1/6 x 18 = 3/18

Daughters 2/3 x 18 = 12/18

Each daughter gets 4/18

Remaining of Zawil Furoodh = 0. So father gets only 1/6 = 3/18

5. Relatives deceased left behind:

Wife and son
Share of Zawil Furoodh:

Wife: 1/8 (Rule 5.1)

Share of Asabah

Son gets the remainder 7/8

6. Relatives deceased left behind:

Wife, mother, father
Hazrat Umar’s special case detected (Rule 29)
Share Zawil Furoodh

Wife ¼

Remaining: father gets twice as mother

So father gets ½

Wife gets ¼

7. Relatives deceased left behind:

2 daughters only
Share: Zawil Furoodh

2 daughters 2/3 (Rule 1.3)

No other heir, so shares of daughters is increased proportionally (Rule 14, Doctrine of Al-
Radd)
So now each daughter gets ½ each: ½ + ½ = 1

8. Relatives deceased left behind:

1 daughter, 2 full sisters
Share: Zawil Furoodh

Daughter: ½ (Rule 1.2)

Share Asabah:

2 full sisters will get remaining half

So each sister will get ¼

9. Relatives deceased left behind:

Daughter, paternal granddaughter, 2 full sisters
Share: Zawil Furoodh

Daughter: ½ (Rule 1.2)

Paternal Granddaughter: 1/6 (Rule 6.1)

Share: Asabah

2 full sisters will get remaining 1/3 (1- ½-1/6 = 1/3)

So both sisters get 1/6

Total Shares: 6

Daughter ½ x 6 = 3/6

Paternal Granddaughter: 1/6

Both sisters get : 1/6 each

10. Relatives deceased left behind:

1 father, 1 full brother
Share: Zawil Furoodh
Father: 1/6
Share Asabah:

Full brother gets blocked by father (Rule 18)

So father gets all (100%)

11. Relatives deceased left behind:

Husband, mother, 2 full brothers, maternal brother, maternal sister
Share Zawil Furoodh:
Husband: ½ (Rule 4.2)

Mother: 1/6 (Rule 2.4)

Maternal brother & maternal sister: share 1/3, each gets 1/6 (Rule 11.2)

Full brothers cannot get less than maternal brothers; get same as maternal siblings which
is 1/6 each (Rule 27)

Total Shares 12

Husband ½ x 12 = 6/12

Mother 1/6 x 12 = 2/12

Maternal brother 1/6

Maternal sister 1/6

Each full brother 1/6

12. Relatives deceased left behind:

Mother, 1 full sister
Share Zawil Furoodh:

Mother 1/6 (Rule 2.4)

Sister ½ (Rule 10.1)

No other heirs; but total 1/6 + ½ does not equal one

Shares should now be increased proportionally among all heirs (Rule 14)

Total Shares 5

Mother: 2/5

Sister: 3/5

13. Relatives deceased left behind:

Wife, mother, daughter
Shares Zawil Furoodh:
Mother: 1/6

Wife: 1/8

Daughter ½

Still some shares left. Shares should now be increased proportionally among all heirs
except the spouse (Rule 14)

Total Shares: 32

Wife: 1/8 x 32 = 4

Mother: 7/32

Daughter 21/32

14. Relatives deceased left behind:

Wife, mother, daughter, full brother
Shares Zawil Furoodh:

Mother: 1/6

Wife: 1/8

Daughter ½

Shares: Asabah
Full brother
Total shares 24

Mother: 1/6 x 24 = 4

Wife 1/8 x 24 = 3

Daughter ½ x 24 = 12

Remaining = 5/24

So brother will get 5/24

15. Relatives deceased left behind:

Wife, mother, son, full paternal uncle
Shares: Zawil Furoodh:

Mother: 1/6

Wife: 1/8

Shares: Asabah

Full Paternal uncle is blocked by son: (Rule: 16)

So son will get all the remainder

Total Shares: 24

Wife: 1/8 x24 = 3

Mother: 1/6 x 24 = 4

Son: 17/24 (remaining)

16. Relatives deceased left behind:

Wife, mother, 2 daughters, full paternal uncle
Shares Zawil Furoodh:

Mother: 1/6

Wife: 1/8
Daughters: 2/3 (Rule 1.3)

Shares: Asabah

Paternal will get remainder

Total Shares: 24

Mother: 1/6 x 24 = 4

Wife: 1/8 x 24 = 3

Daughters: 2/3 x 24 = 16, (1/3 each = 8/24 each)

Remaining goes to Paternal uncle = 1/24

17. Relatives deceased left behind:

Husband, 1 full sister, 1 full brother
Kalala case
Shares: Zawil Furoodh:

Husband: ½ (Rule: 4.2)

Share Asabah:

Full brother and full sister will share the remaining ½ in ratio 2 : 1 (Rule 10.3)

Total shares 6

Husband ½ x 6 = 3/6

Full brother: 2/6

Full sister: 1/6

18. Relatives deceased left behind:

Father, mother, 1 full sister
Share Zawil Furoodh
Mother: 1/6
Father: 1/6

Share Asabah:

Father blocks share of full sister (Rule 18)

Father gets what is left of Zawil Furoodh (Rule 3.3)

Total shares: 6

Mother 1/6

Father 5/6

Full sister: Zero

19. Relatives deceased left behind:

Husband, father, daughter
Share Zawil Furoodh:
Husband: ¼

Daughter: ½

Father: 1/6

Share Asabah:

No other heir, so father gets what is left of Zawil Furoodh (Rule 3.3)

Total Shares 4

Husband: ¼

Daughter: ½

Father: ¼ (instead of 1/6, now he gets ¼ due to rule 3.3)

20. Relatives deceased left behind:

Husband, paternal granddaughter, full male cousin (father’s full brother’s son)
Kalala case
Share Zawil Furoodh:
Husband: ¼

Paternal Granddaughter: ½ (Rule 6.2)

Share Asabah

Full Cousin will inherit in order of priority (Rule 12b)

Total Shares 4

Husband: ¼

Paternal Granddaughter: ½

Full male cousin: ¼

21. Relatives deceased left behind:

Husband, paternal granddaughter, full female cousin (father’s full brother’s daughter)
Kalala case
Share Zawil Furoodh:

Husband: ¼

Paternal Granddaughter: ½ (Rule 6.2)

Share Asabah

Full female cousin does not inherit; female paternal relatives not included in list of
priorities of Asabah (Rule 12b)

Grandfather will get what remains of Zawil Furoodh

Total Shares: 4

Husband: ¼

Paternal grandfather: ¾
22. Relatives deceased left behind:
Mother, maternal brother, paternal brother
Share Zawil Furoodh:

Mother: 1/6 (Rule 2.4)

Maternal brother: 1/6 (Rule 11.1)

Share Asabah

Paternal brother will inherit rest in order of priority (Rule 12b)

Total Shares: 6

Mother: 1/6

Maternal brother: 1/6

Paternal brother: 4/6

23. Relatives deceased left behind:

Mother, paternal brother, paternal sister
Share Zawil Furoodh:

Wife: 1/4

Paternal brother & paternal sister will inherit rest in ratio 2:1 (Rule: 12.3)

Total Shares: 4

Wife: ¼

Paternal brother: ½

Paternal sister: ¼

24. Relatives deceased left behind:

Wife, 2 daughters, mother, paternal grandfather, paternal brother
Share Zawil Furoodh:
Wife: 1/8

2 Daughters: 2/3 (Rule 1.3)

Mother: 1/6

Paternal grandfather: 1/6 (Rule 7.1)

Share Asabah:

Nothing remaining
Paternal brother gets zero; shares have already exceeded unity

(1/8 + 1/6 + 2/3 + 1/6 > 1.0)

The normal shares of each heir will decrease due to this increase above unity

(Rule 15-Awal)

Total Shares: 27

Wife: 1/9x 27 = 3/27

Mother: 4/27

Paternal grandfather: 4/27

Daughters each get: 8/27

Paternal Brother: 0/27

25. Relatives deceased left behind:

Wife, Paternal grandfather, paternal grandmother, Maternal Grandmother, Maternal
grandfather
Share Zawil Furoodh:

Wife: ¼

Paternal grandfather: 1/6 (Rule 7.1)

Maternal grandmother: 1/12 (Rule 9.1)

Paternal grandmother: 1/12 (Rule 8.1)

Shares Asabah

Maternal grandfather: not eligible for inheritance

Paternal Grandfather will get what remains of Zawil Furoodh (7.2)

Total Shares: 12

Wife: ¼ x 13 = 3/12

Paternal grandmother: 1/12

Maternal grandmother: 1/12

Paternal grandfather: 1/6 plus what remains of Zawil Furoodh (6/12) = 7/12

26. Relatives deceased left behind:

Father, Mother, Wife, 3 daughters
First Find Share of Zawil Furoodh:
Wife: 1/8

3 Daughters: 2/3 (Rule 1.3)

Mother: 1/6

Father: 1/6

Problem: Shares have exceeded unity:

(1/8 + 1/6 + 2/3 + 1/6 > 1.0)

The normal shares of each heir will decrease due to this increase above unity

(Rule Al-Awal)

Calculation for Adjustment for Awal

 Make all fractions with same denominator

 Add all the numerators

 Now take the sum of the numerators as denominator

 Numerators will remain the same with a different denominator as derived above

 This ensures that each fraction is reduced proportionately

Common denominator in this case is 24

Father: 4/24

Mother: 4/24

3 Daughters: 16/24

Wife: 3/24

Total of numerators = 4 + 4 + 16 + 3 = 27

So now denominator will be 27, numerators will remain the same

Father: 4/27

Mother: 4/27

3 Daughters: 16/27

Wife: 3/27

To find each daughters share individually, total shares will be 81:

Father 12/81

Mother: 12/81

Wife: 9/81

Each Daughter: 16/81

This is the Final Answer

27. Relatives deceased left behind

Two full sisters, two nephews (sons of full brother)
(Kalala Case)

First find share of Zawil Furoodh

Two sisters will get 2/3 of the estate (Holy Quran Sura Nisa 176)
Remaining for Asaba

The two nephews will get the remaining 1/3 (rule 12b 7).
So they will get 1/6 each

Conclusion

I think these 27 examples are enough for understanding the basic laws of inheritance.
If still one has any queries, one may ask.

And Allah knows best

Frequently Asked Questions

1. What is the formula for adjustment for Al-Radd & Al-Awal?

Answer:
Calculation for Adjustment for Radd (If No Spouse)

 Make all fractions with same denominator

 Add all the numerators

 Now take the sum of the numerators as denominator

 Numerators will remain the same with a different denominator as derived above

 This ensures that each fraction is increased proportionately

Calculation for Adjustment for Radd (With Spouse)-More Complex

 Make all fractions with same denominator

 A = Calculate the remaining shares after taking out spouses’ share

 B = Apply Awal (see below) to all relatives except the spouse and calculate shares
fraction for each

 Multiply A & B to give all relatives (except the spouse because his/her share is fixed) the
increased share fraction
Calculation for Adjustment for Awal

 Make all fractions with same denominator

 Add all the numerators

 Now take the sum of the numerators as denominator

 Numerators will remain the same with a different denominator as derived above

 This ensures that each fraction is reduced proportionately

Example of Awal:

Given in example 26 above.