|
Note:
To use this table, the reader should first ascertain whether
the deceased left a wife or husband, and if she or he survived,
should look under the appropriate heading. Only in default of
either should search be made under “sons and daughters”, “father
and mother” and the rest, and then in the order given in the
first margin. In each instance it is supposed that there are
no nearer relations than those named.
If
a person dies leaving |
Division
of Real and Personal Property |
| WIFE: |
|
Wife
and no relations
|
¼
to wife, ¾ to the Bait-ul-mal(1) |
| Wife
and son (sons) |
1/8
to wife, rest to son (sons equally) |
| Wife,
son and daughter |
1/8
to wife, 7/12 to son, 7/24 to daughter (2) |
Wife,
two sons and two daughters
|
1/8
to wife, 7/24 to each son and 7/48 to each daughter.
(2) |
| Wife
and one daughter |
1/8
to wife, ½ to daughter and 3/8 to Bait-ul-mal. |
Wife
and daughters
|
1/8
to wife, 2/3 to daughters and 5/24 to Bait-ul mal |
Wife,
daughter and one son’s son (h.l.s.)
|
1/8
to wife, ½ to daughter, rest to son’s son |
| Wife,
daughters and one son’s son (h.l.s.) |
1/8
to wife, 2/3 to daughters equally, rest to son’s
son |
| Wife,
daughter, one son’s son and one son’s daughter |
1/8
to wife, 1/3 to daughter, ¼ to son’s son
and 1/8 to son’s daughter. (3) |
Wife,
daughter and son’s daughters
|
1/8
to wife, ½ to daughter, 1/6 to son’s daughters
equally and rest to the Bait-ul-mal. |
| Wife,
daughters and one son’s daughter |
1/8
to wife, 2/3 to daughters equally and rest to Bait-ul-mal |
| Wife,
daughter and three full brothers |
1/8
to wife, ½ to daughters, 1/8 to each brother. |
| Wife,
daughters and two paternal uncles |
1/8
to wife, 2/3 to daughters equally and 5/48 to each
uncle. |
| Wife,
daughters and four true grandmothers |
1/8
to wife, 2/3 to daughters equally and 1/6 to the
grandmothers equally and the rest to the Bait-ul-mal. |
| Wife,
son and father (h.h.s.) |
1/8
to wife, ¼ to father, rest to son. |
Wife,
daughter and mother
|
1/8
to wife, 1/6 to mother and ½ to daughter.
Rest to Bait-ul-mal. |
Wife,
daughters, father and mother
|
3/27
to wife, 4/27 each to father and mother, 16/27 to
daughters (4) |
| Wife,
father and mother |
¼
to wife, ½ to father and ¼ to mother
(5) |
Wife,
four full brothers and two full sisters
|
¼
to wife, 6/40 to each brother and 3/40 to each sister.
(6) |
| Wife,
four true grandmothers and two paternal uncles |
¼
to wife, 1/24 to each grandmother and 7/24 to each
uncle. |
| Wife,
mother and true grandmother |
¼
to wife, 1/3 to mother and the residue 5/12 to true
grandmother. |
| Wife,
mother, full sister, uterine brother and sister,
consanguine brother and consanguine sister |
3/15
to wife, 2/15 to mother, 6/15 to full sister and
4/15 equally between the uterine brother and uterine
sister. The consanguine brother and consanguine
sister get no shares. (7) |
| Wife,
mother, two sons |
1/8
to wife, 1/6 to mother and residue 34/48 equally
to sons |
| Wife,
daughter, two paternal uncles |
1/8
to wife, ½ to daughter and the residue 6/16
to the uncles equally. |
Wife,
uterine sister, four sons of brother, son of uncle |
1/8
to wife, 1/6 to uterine sister and the residue
28/48 to the sons of brother equally. Son of uncle
gets nothing. |
Wife,
mother, sister |
3/13
to wife, 4/13 to mother and 6/13 to sister. (7) |
Wife,
mother, 2 sisters |
3/13
share to wife, 2/13 share to mother and 8/13 shares
to sisters equally. (7) |
Wife,
two daughters, fathers mother |
1/8
to wife, 2/3 equally to daughters, 1/6 to mother
and the residue 1/24 to Bait-ul mal. |
|
(1) Re Mutchilim [1960]
M.L.J. 25.
(2) The daughters in such case being residuaries with the son.
(3) The son’s daughters being residuary with the son’s son.
(4) An example of the doctrine of aul or increase.
(5) The mother gets 1/3 of ¾ (that is after deducting
the wife’s share). This follows a decision of the Caliph Umar.
(6) The brothers and the sisters are residuaries.
(7) An example of aul.
If
a person dies leaving |
Division
of Real and Personal Property |
HUSBAND: |
|
Husband
and no relation |
½
to husband and balance to Bait-ul-mal |
Husband
and son (sons) |
¼
to husband, rest to son (sons equally). |
Husband,
son and daughter |
¼
to husband, ½ to son, ¼ to daughter. |
Husband,
two sons and two daughters |
¼
to husband, ¼ to each son, 1/8 to each daughter. |
Husband
and one daughter |
¼
to husband, ½ to daughter and rest to State. |
Husband
and daughters |
¼
to husband, 2/3 to the daughters and rest to State. |
Husband,
daughter and one son’s son (h.l.s.) |
¼
to husband, ½ to daughter and rest to son’s
son. |
Husband,
daughters and one son’s son |
¼
to husband, 2/3 to daughters equally, 1/12 to son’s
son (h.l.s.) |
Husband
and father |
½
to husband and ½ to father. |
Husband,
daughter, one son’s son and one son’s daughter |
¼
to husband, ½ to daughter, 2/12 to son’s
son and 1/12 to son’s daughter. (8) |
Husband,
daughter and three full brothers |
¼
to husband, ½ to daughter, rest to brothers
equally. |
Husband,
daughters and two paternal uncles |
¼
to husband, 2/3 to daughters equally and 1/12 to
uncles equally. |
Husband,
daughter and true grandmothers |
¼
to husband, ½ to daughter, 1/6 to grandmothers
equally. Rest to State. |
Husband,
son and father (h.l.s.) |
¼
to husband, 1/6 to father, rest to son. |
Husband,
daughter and father |
¼
to husband, ½ to daughters, rest to father. |
Husband,
daughters and mother |
3/13
to husband, 2/13 to mother, 8/13 to daughters equally.
(9) |
Husband,
daughters, father and mother |
3/15
to husband, 8/15 to daughters and 2/15 each to father
and mother. (10) |
Husband,
daughter, mother, father, son’s son and son’s daughter |
6/13
to father, 3/13 to husband, 2/13 to mother and 2/13
to father. The son’s son and son’s daughter are
excluded. (10) |
Husband,
daughter and paternal uncle |
¼
to husband, ½ to daughter and ¼ to
paternal uncle. |
Husband,
daughter, son’s daughter and two full sisters |
¼
to husband, ½ to daughter, 1/6 to son’s daughter
and 1/12 share equally to sisters. (11) |
Husband,
daughter, son’s daughter, one full sister and one
consanguine sister |
¼
to husband, ½ to daughter, 1/6 to son’s daughter
and 1/12 to full sister. Consanguine sister gets
nothing. (11) |
Husband,
daughter, son’s daughter, two uterine sisters |
¼
to husband, ½ to daughter, 1/6 to son’s daughter.
Residue to Bait-ul-mal. |
Husband,
daughter, father, mother, son’s son and son’s daughter |
3/13
to husband, 6/13 to daughter, 2/13 each to father
and mother. (10) |
Husband,
father and mother |
½
to husband, 1/6 to mother, rest to father. (12) |
Husband,
father, mother and two daughters |
3/15
share to husband, 2/15 to father, 2/15 to mother
and 8/15 to daughters equally. (10) |
Husband,
mother and three full sisters |
½
to husband, 1/6 to mother, 2/3 to sisters equally. |
Husband,
mother, full sister, consanguine sister |
3/8
to husband, 1/8 to mother, 3/8 to full sister, 1/8
to consanguine sister. (10) |
Husband,
two full brothers and three full sisters |
½
to husband, 2/14 to each bother and 1/14 to each
sister.(13) |
Husband,
mother, full brother and two uterine sisters |
½
share to husband, 1/6 to mother and the balance
of 1/3 between the two uterine sisters and the full
brother. (14) |
Husband
and daughters of two daughters |
½
to husband and rest to Bait-ul-mal. |
Husband,
mother, sister and grandfather |
Husband
3/9, mother 2/9 sister 4/27, father’s father 8/27.
(15) |
Husband,
mother, grandfather, one consanguine brother, one
or more uterine brothers. |
Husband
½, mother 1/6, grandfather 1/6, consanguine
brother 1/6, uterine brother excluded. (16) |
|
(8) The son’s son and
son’s daughter are residuaries.
(9) Example of aul or increase.
(10) Examples of aul or increase
(11) In these cases the daughter and son’s daughter get their
Quranic shares while the sister takes as residuary.
(12) The mother gets 1/3 of ½ (that is after deducting
the husband’s share).
(13) The brothers and sisters are residuaries.
(14) This is the case of himariyya or musharaka. The full brother
and the uterine sisters share the 1/3 share. See Fitzgerald
Muhammadan Law p.135 and Nawawi Supra, p.250.
(15) This is the case of Al-akdariya – see Tyabji Muhammadan
Law (3rd Edn.) p.874 and Fitzgerald Muhammadan Law p.128 and
Nawawi p.253 Supra, (p.22 supra)
(16) This is the case of al-Malikia – see Fitzgerald p.128.
If
a person dies leaving |
Division
of Real and Personal Property |
SONS
AND DAUGHTERS: |
|
One
son and no other relations |
All
to son |
One
daughter |
½
to daughter and rest to State. |
Daughters |
2/3
to daughters equally and rest to State |
Sons
and daughters |
Equally
between all sons and daughters, but so that the
share of each son is double that of each daughter. |
One
son and son’s son or son’s daughters |
All
to son. |
One
son and father (or mother) |
1/6
to father (or mother) rest to son. |
One
son, father and mother |
1/6
to each father and mother, rest to son. |
One
daughter and son’s son |
½
to daughter, rest to son’s son |
One
daughter, son’s son and son’s daughter |
½
to daughter, 2/6 to son’s son and 1/6 to son’s daughter |
Daughters
and son’s son |
2/3
to daughters equally, rest to son’s son |
One
daughter, one son’s daughter, and one full brother |
½
to daughter, 1/6 to son’s daughter, rest to full
brother. |
Daughters,
one son’s daughter and one full brother |
2/3
to daughter and rest to full brother. |
Daughters
and son’s daughters |
2/3
to daughter and rest to Bait-ul-mal (son’s daughters
excluded unless there is a lineal male descendant
of the same or lower degree). |
Daughter
and father |
½
to daughter and ½ to father (1/6 as Quranic
heir and 1/3 as agnatic heir). |
Daughters
and father |
2/3
to daughters equally and rest to father |
Daughters,
son’s daughters and father |
2/3
to daughter, rest to father. (17) |
One
daughter, father and mother |
½
to daughter, 1/6 to mother, rest to father |
One
daughter, mother, four full brothers |
½
to daughter, 1/6 to mother, 1/12 to each brother. |
One
daughter and mother |
½
to daughter, ¼ to mother and rest to Bait-ul-mal. |
Daughters
and mother |
2/3
to daughters equally, 1/5 to mother and rest to
Bait-ul-mal. |
Daughters,
father, mother and son’s son |
2/3
to daughters equally, 1/6 each to father and mother,
nothing to son’s son there being no residue. |
Daughters
and four paternal uncles |
2/3
to daughters equally, 1/12 to each uncle |
Daughter
(son’s daughter) and full (consanguine) sister |
½
to daughter (son’s daughter) and ½ to full
(consanguine) sister. |
Daughters
(son’s daughters) and full (consanguine) sisters |
2/3
to daughters (son’s daughter), and 1/3 to full (consanguine)
sister. |
Daughters,
four true grandmothers and six paternal uncles |
2/3
to daughters equally, 1/6 to grandmothers equally
(i.e. 1/24 each) and 1/36 to each uncle. |
Two
daughters, one consanguine sister, one brother’s
son |
2/3
to two daughters and 1/3 to sister. Brother’s son
gets nothing |
Two
daughters, a son’s daughter and a son’s son |
2/3
to daughters, 1/9 to son’s daughter and 2/9 to son’s
son. (18) |
Two
daughters, a son’s daughter and a son’s son’s son |
2/3
to daughters, 1/9 to son’s daughter and 2/9 to son’s
son. (18) |
Two
daughters of a son, daughter of son’s son, son of
son’s son’s son’ |
2/3
to daughters equally, 1/9 to daughter of son’s son
and 2/9 to son of son’s son’s son. (20) |
Son’s
daughter, daughter’s son and brother |
½
share to son’s daughter and ½ share to brother.
Daughter’s son gets nothing. |
Son’s
sons and son’s daughters (of same degree) |
Equally
between son’s son and son’s daughters but so that
the share of each of the former is double of each
of the latter. (19) |
Son’s
daughters and son’s son’s son |
2/3
to son’s daughters, rest to great-grandsons equally |
Son’s
daughter and son’s son’s daughter |
½
to son’s daughter and 1/6 to son’s son’s daughter
and the rest to the Bait-ul-mal. (20) |
|
(17) There is a doubt
whether the son’s daughters (who are excluded as Quranic heirs)
are nevertheless entitled to take as residuaries together with
the agnatic ascendant or collateral. See Fitzgerald Muhammadan
Law, p.124.
(18) In all these cases, as there are two daughters the son’s
daughter cannot inherit as Quranic heir. She therefore takes
as an agnatic heir and shares the residu with the lower son’s
son.
(19) The son’s daughter is a residuary with an equal son’s son.
(20) As there is a “nearer” daughter, the share of the son’s
son’s daughter is 1/6 that is the remainder of the 2/3 share
of daughters.
If
a person dies leaving |
Division
of Real and Personal Property |
| FATHER
AND MOTHER: |
|
| Father
and no other relations |
All
to father. |
| Father
and mother |
2/3
to father, 1/3 to mother |
| Father,
full brothers and sisters |
All
to father. |
| Father,
mother, three son’s daughters |
1/6
to father, 1/6 to mother and 2/3 to three son’s daughters
in equal Shares. |
| Father,
mother, daughter, four son’s daughters |
1/6
to father, 1/6 to mother, ½ to the daughter
and 1/6 to the son’s daughters in equal shares. |
| Father,
mother, two son’s daughters and son’s son’s daughter |
1/6
to father, 1/6 to mother and 2/3 to son’s daughters
in equal shares. The son’s son’s daughter is excluded
by the two son’s daughters. |
| Father,
mother, son’s daughter, son’s son’s daughter |
1/6
to father, 1/6 to mother, ½ to son’s daughter
and 1/6 to son’s son’s daughter (the son’s daughter
and son’s son’s daughter share the Quaranic share
of two or more daughters). |
| Mother
and no other relations |
1/3
to mother and rest to Bait-ul-mal. |
| Mother,
and full brothers |
1/6
to mother, rest to brothers equally. |
| Mother,
full brother and uterine brother |
1/3
to mother, 1/6 to uterine brother, rest to full brother. |
| Mother
and full sisters |
1/6
to mother, 2/3 to sisters equally and rest to Bait-ul-mal. |
| Mother,
full sister, and consanguine brother and sister |
1/6
to mother, ½ to full sister, rest to consanguine
brother and sister but so that the former receives
double the share of the latter. |
| Mother,
full sisters, consanguine brother and sister |
1/6
to mother, 2/3 to full sisters equally, rest as in
preceding case. |
| Mother,
two full sisters, a consanguine sister and a uterine
sister (or brother) |
1/6
to mother, 2/3 to equally among the sisters, and 1/6
to the uterine sister or brother (the consanguine
sister is excluded by two full sisters). |
| Mother,
consanguine sisters and uterine sister |
1/6
to mother, 2/3 to consanguine sisters equally, 1/6
to uterine sister. |
| Mother
and paternal uncles |
1/3
to mother, 2/.3 to paternal uncles equally. |
|
|
