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.
|
|
|