Here we will briefly, and without any detail, list the shares of each of the zaawil furoodh heirs. Some relatives may have multiples possibilities of shares. The reason for this is that they get partially excluded by other heirs and end up with a reduced share. If an heir has only one share listed next to him/her, this means that he/she never gets partially excluded. Rules of partial exclusion, along with the detailed inheritance of each heir, will be explained in a later post, insha’Allah.
Father: 1/6 + residue
Mother: 1/3 or 1/6
Paternal Grandfather (Father’s father, or higher): 1/6 + residue
Maternal Grandmother (Mother’s mother, or higher): 1/6
Paternal Grandmother (Father’s mother, or higher): 1/6
Husband: 1/2 or 1/4
Wife/Wives: 1/4 or 1/8
Daughter(s): One gets 1/2; two or more share 2/3
Granddaughter(s): One gets 1/2 or 1/6; two or more share 2/3 or 1/6
Haqeeqi Sister: One gets 1/2; two or more share 2/3
Allaati Sister: One gets 1/2 or 1/6; two or more share 2/3 or 1/6
Akhyaafi Siblings (both male and female): One gets 1/6; two or more share 1/3
Try to memorize each heir and their respective shares (default share, and reduced share) well, before moving on. After this post, it will be assumed that you know at least the default shares of each of the zaawil furoodh heirs.
We should already know what the two Arabic terms in the title of this post mean. But just as a review:
Zaawil Furoodh: Heirs who are assigned a specific fraction of the estate (ex: 1/2, 1/3, 1/6, etc…).
`Asabaat: These are residuaries, heirs who get whatever remains (if any) after each of the eligible zaawil furoodh heirs have gotten there shares. They dont have a specific share assigned to them, they just get whatever is left over (the residue).
Now, the specific shares of each zaawil furoodh relative will be discussed later, insha’Allah. Right now, what we’ll learn is how in some cases a relative from among the zaawil furoodh becomes an`asbah (singular for `asabaat).
- Default state is zaawil furoodh.
- If inheriting alongside son(s), she becomes an `asbah. The daughter now loses her right to the specific share she was assigned. Daughter(s) and son(s) will now get residue.
Here we will fully lay out the rules of total exclusion. When the word “exclusion” or “excluded” is used here, it strictly means total exclusion. Partial exclusion will be explained later, insha’Allah. As a reminder from the previous post, total exclusion is when an heir gets deprived of inheritance due to the presence of another heir. Examples have been provided to facilitate easy understanding.
Important Note: From now on, unless otherwise stated, whenever grandchildren are mentioned we specifically mean those from the son. Daughters children are non-heirs. Also, unless otherwise stated, when haqeeqi or allaati nephews are mentioned it should automatically be assumed that we are referring to the sons of the haqeeqi or allaati brothers, NOT the sons of haqeeqi/allaati sisters.
Rule #1: The following six people can never be fully excluded: Mother, Father, Daughter, Son, Husband, Wife. These are the six basic heirs, they will always inherit something as long as they are alive. However, some of them may be partially excluded sometimes. As mentioned previously, partial exclusion will be discussed later.
Rule #2: A Father (or father’s father i.e. paternal grandfather, or higher) and son (or son’s son i.e. grandson, or lower) exclude ALL siblings. Doesn’t matter if they are brothers, sisters, haqeeqi, allaati or akhyaafi. In the presence of a father, grandfather (or higher) or son, grandson (or lower), all of them will be excluded.
Sometimes, an heir may be deprived of inheriting due to the presence of another heir. This concept is called hujub (exclusion).
There are two types of hujub – Hujub Nuqsaan and Hujub Hirmaan
Hujub Nuqsaan (Partial Exclusion)
This is when an heirs share is reduced due to the presence of another heir. A quick example of this is the case of the husband; If the mayyit (deceased) leaves behind no children, he (the husband) inherits 1/2. If the mayyit does leave behind children, he will be partially excluded to 1/4.
The rules of partial exclusion will be discussed in detail later on, insha’Allah.
Hujub Hirmaan (Total Exclusion)
This is when an heir is completely deprived from inheriting due to the presence of another heir.
The rules of total exclusion will be discussed in-depth in the next post, insha’Allah.
Certain factors/circumstances can bar one from inheriting. These are explained below:
- When a person kills his murith (the one in whose estate one inherits), the heir is deprived of inheriting in his estate. Whether he had killed by design or by mistake, he is deprived.
- An insane person and a minor will not be deprived of their inheritance if they killed their murith.
- If the heir killed the murith in self-defense, e.g. the murith attacked and their heir defended himself, then he will not be deprived of his inheritance.
- If a man kills his wife whom he caught in the act of committing zina (adultery), he will not be deprived from inheriting in her estate provided that the crime of the woman is evidenced by witnesses. Although it is not permissible for a man to kill his wife whom he apprehends in the act of zina, nevertheless, the extreme provocation and infidelity of the wife mitigate in his favor, hence the shari`ah does not deprive him of his inheritance.
There are 3 main categories of heirs when it comes to Islamic Inheritance. These are:
1 – Zaawil Furoodh: These are the “obligatory heirs”. They are all the heirs who have fixed shares prescribed to them.
2 – `Asabaat: These are the “residuaries”. After the zaawil furoodh get their respective shares, the left over estate (if any) will be given to them.
3 – Zaawil Arhaam: These are relatives through the female line. Although they do inherit in some cases, right now we will simply refer to them as “non-heirs”. As far as you are concerned, these relatives are automatically deprived from inheriting. Insha’Allah, these will be explained at a later, more advanced stage.
It should be noted that anytime a relative is being talked about, it is from the point of view of the mayyit (deceased). So “Father” means, “The mayyits father”. Now lets list the relatives in each category.