Inheritance Simplified

In earlier issues of Al-Farouq we provided readers with some basic laws on Meerath or Inheritance. In this edition we mention some simplified rules for the allocation of shares in an estate.

1. It must be remembered, and we stressed this point in the past, too, that there are 12 groups of people whose shares Almighty Allah has already fixed and allocated. Hence, there is no need to mention these heirs in one’s will. They will automatically inherit in the estate. These twelve are: husband, wife, brother, sister, father, mother, daughter, grand-daughter, grandfather, grandmother, paternal sister, and maternal sister.

2. Paternal sister means a sister from the father’s side. For example, Zaid has got two wives. Each wife bears him a daughter. These two daughters are paternal sisters to each other. A maternal sister is a sister from the mother’s side. For example, Fatima was married to Zaid and bore him a daughter. Zaid died and Fatima married Bakr, whom she also bore a daughter. Fatima now has two daughters from two different husbands. These two daughters are maternal sisters. If either one dies, the survivor will inherit.

3. In the presence of the father, the grand-father does not inherit.

4. In the presence of the son, the grandson does not inherit.

5. When the mayyit has sons, the mayyit’s brothers and sisters are deprived of any share in the estate. If the mayyit has only daughters and no sons then the brothers and sisters of the deceased will inherit from him or her.

6. The following heirs will always inherit, notwithstanding any other surviving relatives: WIFE, HUSBAND, MOTHER, FATHER, SON, DAUGHTER.

7. In the absence of mother, grandmother inherits if she is living. Likewise, in the absence of daughter, grand-daughter inherits. (By absence it is meant that the heir concerned has already passed away.)

8. When the wife dies and she has children of her own, even if they are from an ex-husband, then the present husband will receive a quarter of the estate, while the remainder will go to the children.

9. When dividing the estate between children, a son must receive double the share of a daughter.

Example of points 8 and 9: Zainab died and was survived by: Husband, 2 sons, and 1 daughter. Besides them there are no other heirs. The husband must get a quarter of the whole estate (25%), while the remaining 75% must be distributed among the sons and daughter. Divide that 75% share into 5 equal portions giving, 2 portions to each son and 1 to the daughter.