Inheritance of Parents

Posted on Updated on

Read as PDF

Insha’Allah, in these next few series of posts, we will learn, in detail, how different types of heirs inherit in different situations. Along with that, we will also learn the rules of Hujub Nuqsaan (Partial Exclusion). As a brief reminder for those who may have forgotten, partial exclusion is when the share of a zaawil furoodh heir gets reduced due to the presence of another heir.

Examples have been provided to facilitate easy understanding.


1) Father

  1. His share is 1/6.
  2. When inheriting alone (i.e. no other heir is present) he gets the entire estate.
  3. Is also among the `asabaat. Meaning, his minimum share is 1/6, but he may also receive residue (if any remains) in addition to the 1/6, after all other eligible heirs have gotten their share. This is why he receives the entire estate when he inherits alone. What really happens is he first receives 1/6, then he is also entitled to the residue (the remaining 5/6). The end result is he inherits the entire estate.
  4. When inheriting with daughter(s), granddaughter(s), or a combination of daughters and granddaughters, he gets the residue (in addition to his fixed share of 1/6), if any. When inheriting with son(s), grandson(s) or  a combination of male and female descendants he will receive only the 1/6. In other words, when the mayyit (deceased) leaves behind only female descendants, then the father may get the residue (if any remains); and when the mayyit leaves behind all male or a combination of male and female descendants, than the father only receives his set share of 1/6. The logic behind this is simple: Female descendants are zaawil furoodh (i.e. they have a fixed share) and hence are not guaranteed to exhaust the estate. Thus there is a possibility that in certain cases residue will be left behind which will go to the father. On the other hand, all male or a male-female combination of descendants are `asabaat, hence they will get any and all residue, leaving none for the father.
  5. Father neither gets excluded nor partially excluded by anyone.

Example 1: A man dies leaving behind

  • Father
  • 1 Wife
  • 2 Granddaughters

In this case, after giving each of the three categories their respective shares, some estate is left over. This will go to the father. Hence the father gets his initial 1/6, then the residue remaining at the end will also go to him.

Example 2: A man dies leaving behind

  • Father
  • 2 Sons
  • 3 Daughters

In this case, the father will only get 1/6.  The 2 sons turn the 3 daughters into `asabaat (see the post How Some Zaawil Furoodh Relatives Become `Asabaat), and together the five will get all the residue.

Example 3: A woman dies leaving behind

  • Father
  • 2 Haqeeqi brothers
  • 1 Haqeeqi sister
  • 3 Allaati sisters
  • 3 Akhyaafi brothers

In this case the father inherits the whole estate. Everyone else is excluded (Rule #2 of total exclusion).

2) Mother

  1. Her share is 1/3.
  2. Is partially excluded to 1/6 if the mayyit leaves behind children, grandchildren (however low down the line), or two or more siblings of any kind (haqeeqi, allaati or akhyaafi) in any combination.
  3. Even if the two or more siblings are excluded by another relative, they will still partially exclude the mother to 1/6.
  4. One sibling (of any kind) does not partially exclude her.
  5. When inheriting alone, she gets the entire estate.

Example 1: A man dies leaving behind

  • Mother
  • Wife
  • 1 Haqeeqi brother
  • 2 Haqeeqi paternal uncles

The mother will receive 1/3 in this case.

Example 2: A woman dies leaving behind

  • Husband
  • Mother
  • Father
  • 1 Akhyaafi brother
  • 1 Allaati sister
  • 1 Haqeeqi sister

Even though the father in this case excludes all three siblings (Rule #2 of total exclusion), they will still partially exclude the mother from 1/3 to 1/6.

Example 3: A woman dies leaving behind

  • Mother
  • Husband
  • 1 Grandson
  • 1 Haqeeqi paternal uncle

The mother will receive 1/6 in this case, due to the grandson.

Read as PDF

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s