PART 2- PROPORTION OF INHERITANCE ACCORDING TO ISLAMIC SHARIA LAW

PROPORTION OF INHERITANCE ACCORDING TO ISLAMIC SHARIA LAW

ASSEMBLED BY MALLAM ABBA ABANA, KUBWA, ABUJA, NIGERIA

http://variousislamicdawadocuments.blogspot.com

https://web.facebook.com/abba.abana

emails:gonidamgamiri@yahoo.com; abba.abana@gmail.com

Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah. As-Salaam Alaikum Wa-Rahmatullahi Wa-Barakatuhu

Praise be to Allaah; we seek His help and His forgiveness. We seek refuge with Allaah from the evil of our own souls and from our bad deeds. Whomsoever Allaah guides will never be led astray, and whomsoever Allaah leaves astray, no one can guide. I bear witness that there is no god but Allaah, and I bear witness that Muhammad (Sallalhu alaihi Wasalam) is His slave and Messenger.
 
LEVEL I – INHERITANCE LOGIC:

1.         SHARE OF HUSBAND

IF NO ENTITLED DESCENDANTS EXIST (ie; Children/Grandchildren)

THEN, HUSBAND = 1/2

IF ENTITLED DESCENDANTS EXIST (ie; Children/Grandchildren)

THEN, HUSBAND = 1/4

Note: ENTITLED DESCENDANTS = Sons, Daughters, Son’s Son, & Son’s Daughter. Daughter’s children are NOT treated as entitled descendants.

2.         SHARE OF WIFE

IF NO ENTITLED DESCENDANTS EXIST (ie; Children/Grandchildren)

THEN, WIFE = 1/4

IF ENTITLED DESCENDANTS EXIST (ie; Children/Grandchildren)

THEN, WIFE = 1/8

Note: ENTITLED DESCENDANTS = Sons, Daughters, Son’s Son, & Son’s Daughter. Daughter’s children are NOT treated as entitled descendants.

3.         SHARE OF DAUGHTER’(s)

IF ONLY ONE DAUGHTER (and NO Sons)

THEN, DAUGHTER = 1/2

IF TWO OR MORE DAUGHTERS ONLY (and NO Sons)

THEN, DAUGHTERS = 2/3

(to be shared equally between all of them)

IF both SON’s & DAUGHTERS EXIST,

THEN, SON:DAUGHTER = 2:1

4.   SHARE OF FATHER

IF ENTITLED DESCENDANTS EXIST

(Sons, Daughters, Son’s Sons, Son’s Daughters)

THEN, FATHER = 1/6

IF NO MALE DESCENDANTS EXIST (Sons, Son’s Sons)

THEN, FATHER = 1/6  plus Residue

(residue = remainder after all legal shares are distributed)

IF NO ENTITLED DESCENDANTS EXIST

THEN, FATHER = Residue

5.    SHARE OF MOTHER

IF ENTITLED DESCENDANTS or BROTHERS/SISTERS EXIST

THEN, MOTHER = 1/6

IF NO ENTITLED DESCENDANTS EXIST

THEN, IF  NO  BROTHERS/SISTERS, NO FATHER, NO SPOUSE EXIST

THEN, MOTHER = 1/3

IF  BROTHERS/SISTERS, FATHER, or SPOUSE EXIST

THEN, MOTHER = 1/3 of Residue

6.   UTERINE BROTHER/SISTER ( from same Mother, different father)

IF ONE UTERINE BROTHER/SISTER EXIST

THEN, IF NO ENTITLED DESCENDANTS and NO MALE ASCENDANTS

(Father/Father’s Father etc)

THEN, UTERINE BROTHER = 1/6 or UTERINE SISTER  = 1/6

IF TWO OR MORE UTERINE BROTHERS/SISTERS EXIST

THEN, IF NO ENTITLED DESCENDANTS .AND.NO MALE ASCENDANTS

(Father/Father’s Father etc.)

THEN, ALL UTERINE BROTHERS & SISTERS = 1/3

Note: If there are UTERINE Brothers/Sisters IN ADDITION to FULL Brothers/Sisters (same father/mother), then they share in the residue.

7.     SHARE OF SON’S DAUGHTER

IF ONE SON’S DAUGHTER EXIST

THEN, IF NO DAUGHTERS EXIST

THEN, IF NO SON’S SON EXIST

THEN, SON’S DAUGHTER = 1/2

IF SON’S SON EXIST, THEN, SON’S DAUGHTER = HALF SHARE OF SON’S SON

(ie Son’s SON share: Son’s DAUGHTER share = 2:1)

IF TWO OR MORE SON’S DAUGHTERS EXIST

THEN, IF NO DAUGHTERS EXIST

THEN, IF NO SON’S SONs EXIST

THEN, SON’S DAUGHTERS = 2/3 (equally between them)

IF SON’s SON EXISTS

THEN, SON’S DAUGHTER = HALF SHARE OF SON’S SON

(ie Son’s SON share: Son’s DAUGHTER share = 2:1)

8.         SHARE OF FULL BROTHER/SISTER

(Full Brother/Sisters are brothers/sisters from the same FATHER & MOTHER)

Brothers & Sisters inherit ONLY when there are NO Descendants (Son/Sons, Son’s son

etc.) and NO Ascendants (Father/Grandfather etc.)

The arabic word “AL-KHALALA” is used in the Quran, Chapter 4 – Al-Nisa, Verses 12 & 176,  which is translated by almost all the translators of the Quran to mean “Ascendants &  Descendants” thus giving rise to the interpretation that they include “Parents and Children”. However, many scholars have preferred to classify the word as meaning “Father or Son” thus  excluding the female components of both Ascendants and Descendants (mother & daughters).

IF NO FULL BROTHER and NO FEMALE ENTITLED DESCENDANT EXIST

(daughter, Son’s daughter etc.)

THEN, IF deceased was MALE,

THEN, FULL SISTER = 1/2 (if only ONE)

IF NO FULL SISTER and NO FEMALE ENTITLED DESCENDANT EXIST

THEN, IF deceased was FEMALE,

THEN, FULL BROTHER = 1 (if only ONE)

IF TWO OR MORE BROTHERS & SISTERS

THEN, FULL SISTERs = 2/3 (shared equally between them)

FULL BROTHER’s & SISTER’s (combination) = 2:1

IF NO FULL BROTHER EXIST but FEMALE ENTITLED DESCENDANT EXIST

(daughter, Son’s daughter etc.)

THEN, FULL SISTER = 1/6 (if only one)

IF NO FULL SISTER EXIST but FEMALE ENTITLED DESCENDANT EXIST

THEN, FULL BROTHER = 1/6 (if only one)

IF FEMALE ENTITLED DESCENDANT EXIST

THEN, FULL SISTERS & BROTHERS = 1/3 (share equally)

9.  CONSANGUINE SISTER (Sister from same Father but different Mother)

Consanguine Sisters inherit ONLY when there are NO SON’s or Son’s SON(s) AND NO FATHER AND NO FULL BROTHER.

IF ONLY ONE FULL SISTER AND NO CONSANGUINE BROTHER

THEN, CONSANGUINE SISTER (if only one) = 1/2

CONSANGUINE SISTER(s) (if two or more) = 2/3

IF ONE FULL SISTER AND CONSANGUINE BROTHER(s)

THEN, (CONSANGUINE) BROTHER:SISTER = 2:1

10.   TRUE GRANDMOTHER

True Grandmother is defined as the one whose line of connection with the deceased is NOT interrupted by a MALE between two FEMALES. They are entitled ONLY if the FATHER or MOTHER do not exist.

Eg;       Mother’s MOTHER, Father’s MOTHER

Father’s Father’s MOTHER, Mother’s Mother’s MOTHER

TRUE GRANDMOTHER = 1/6

11.       TRUE GRANDFATHER

True Grandfather is the one whose line of connection with the deceased is NOT interrupted by a FEMALE between two MALES. They are entitled ONLY if the Father or Mother do not exist.

Eg;       Father’s FATHER

Father’s Father’s FATHER

Mother’s FATHER

Mother’s Father’s FATHER

TRUE GRANDFATHER = 1/6 IF MALE DESCENDANTS EXIST (Son, etc)

TRUE GRANDFATHER = 1/6 + Residue IF FEMALE descendants exist

TRUE GRANDFATHER = Residue IF NO Male/Female descendants exist

12.       UNCLES & AUNTS (Father’s/Mother’s Brothers & Sisters)

Uncles and Aunts are ONLY entitled in the absence of GRANDPARENTS. This means that they will receive shares ONLY if there are NO Parents AND Grandparents because Grandparents do not inherit when the Parents are living. They will also NOT inherit if the children (or children’s children) of the deceased are living. Proportions here are also in the ratio of 2:1 for Male:Female.

13.       NEPHEWS & NIECES (CHILDREN OF BROTHERS/SISTERS)

Nephews and Nieces are ONLY entitled in the absence of Brothers and Sisters. This means that they take the shares of the Brothers/Sisters of the deceased in their absence. Hence a Nepew/Niece will receive what his/her parent (Brother/Siuster of the deceased) 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. Proportions here are also 2:1 for Male:Female.

 HOW IS THE WEALTH OF THE DEAD DISTRIBUTED ACCORDING TO SHARIAH[1]?

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.

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[1] https://www.google.com.ng/webhp?sourceid=chrome-instant&rlz=1C1BLWB_enNG563NG563&ion=1&espv=2&ie=UTF-8#q=How+Is+The+Wealth+Of+The+Dead+Distributed+According+To+Shariah