MIRATH (INHERITANCE), LAW OF
The reform introduced by Islam into the rules relating to inheritance is twofold; it makes the female a co-sharer with the male, and divides the property of the deceased person among his heirs on a democratic basis, instead of handling it all over to the eldest son, as is done by the law of primogeniture. The Arabs had a very strong tradition that he alone could inherit who smites with the spear, and therefore they did not give any portion of inheritance to such of the heirs as were not capable of meeting the enemy and fighting in battles. Owing to this tradition, which appealed to people among whom tribal fighting was carried on day and night, not only were all females – daughters, widows and mothers – excluded, but even male minors had no right to inheritance. Woman, in fact, was looked upon as part of the property of the deceased (4:19), and therefore her right to property by inheritance was out of the question. Even in the Jewish law she had no better position.
Islam came as the defender of the weaker sex and the orphans, and just when a defensive war against the whole of Arabia was being carried on by a handful of Muslims, the prevailing law of inheritance, which gave the whole of the property to those members of the family who bore arms, was declared to be unjust, and a new law was given, which put widows and orphans on a level of equality with those who fought for the defence of the tribe and the country. When the change was first introduced, some of the Companions thought it very hard and complained to the Prophet, saying that they were required to make over half the property to a daughter who did not ride on horseback or fight with the enemy.
Ibn Qudama writes that once the wife of Sa’d bin al-Rabi came to the Prophet with her two daughters and said, “O’Prophet! These are the daughter of late Sa’d bin al-Rabi. Their father died a martyr’s death beside you in a battle, but their uncle had taken Sa’d’s estate and they cannot marry unless they have property.” On that occasion the Koranic verses of inheritance revealed: “Men shall have a portion of what the parents and the near relatives leave, and women shall have a portion of what the parents and near relatives leave, whether there is little or much of it” (4:7). The law of inheritance then stated: “God enjoins you concerning your children: the male shall have the equal of the portion of two females; but if there are more than two females, they shall have two-thirds of what he has left, and if there is one, she shall have the half; and as for his parents, each of them shall have the sixth of what he has left, if he has a child; but if he has no child and only his two parents inherit him, then his mother shall have the third; but if he has brothers, then his mother shall have the sixth, after the payment of any bequest he may have bequeathed, or a debt……And you shall have half of what your wives leave if they have no child, but if they have a child, then you shall have a fourth of what they have leave after payment of any bequest they may have bequeathed or a debit; and they shall have the fourth of what you leave if you have no child, but if you have child, then they shall have the eighth of what you leave after payment of any bequest you may have bequeathed or a debt; and if a man or a woman, having no children, leave inheritance and he (or she) have a brother or a sister, then each of these two shall have the sixth, but if they are more than that, they shall be sharers in the third after payment of any bequest that may have been bequeathed or a debt that does not harm others” (4:11-12). Thus, the Prophet sent for the uncle and said to him, “Give the two daughters of Sa’d bin al-Rabi two-third of the estate, give their mother one-eighth and keep the remainder yourself” (al-Mughni, 6:166). N.J. Coulson writes in Succession in the Muslim Family (London, 1971, p. 29) that, “Sa’d case embodies the essence of the changes introduced under Islam into the customary Arabian law of inheritance.”
The Koran further says, “God gives you decision concerning the person who has neither parents nor offspring; if a man dies and he has no son and he has a sister, she shall have half of what he leaves, and he shall be her heir if she has no son; but if there be two sisters, they shall have two-thirds of what he leaves; and if there are brethren, men and women, the male shall have the like of the portion of two females” (4:177).
SECTION I : CHILDREN & DESCENDANTS
SONS/DAUGHTERS "The Koran declares that the male child is entitled to the share of two females (4:11), therefore, when a man dies leaving a single child or several children, male or female, no other person is entitled to inherit, and the children take in accordance with the rule that the male takes the double share. For instance, if there are two sons and daughters, the estate shall be divided into the five equal shares, the sons shall take two shares each, and the daughter, one share, i.e. 2/5, 2/5 and 1/5 respectively.
If there is a single son, he takes the whole of the property. If there is a single daughter as the sole surviving heir, she shall take ½ as the Koranic share, and the other ½ on the ground of blood-relationship (bi’l rahm), thus taking the whole of the property. A single daughter excludes the sister, or the son of a brother, or the son of a sister, or the son of a son. The single son excludes the single sister of the deceased."
DAUGHTER WITH LOWER DESCENDANTS Where a deceased leaves him surviving a daughter, a son’s son, and a son’s daughter, the daughter takes the whole of the estate to the exclusion of the other descendant. Similarly, the daughter excludes a son’s daughter and one sister.
TWO DAUGHTERS AND SISTERS The two daughters between them take the whole estate and exclude the sister.
TWO DAUGHTERS They first get the Koranic share, 2/3 shared equally between them, and 1/3 by blood relationship (rahm).
TWO DAUGHTERS AND ONE SON The existence of the son brings into force the principle of the double share to the male. The estate will be divided into four equal portions; the daughters will obtain ¼ each; the son will get the residual ½ as in the Sunni law.
REPRESENTATION The son’s son takes the place of the son. The daughter’s son takes the place of the daughter.
SON’S DAUGHTER Imam Jafar Sadik held that the daughters of a son, when there is no son or daughter, take the share of a daughter.
DAUGHTER, SON’S DAUGHTER AND SON’S SON The daughter takes the whole property. (In Hanafi law, the distribution would be: daughter ½; the remaining ½ would be divided into three equal portions, the son’s son taking two, and the son’s daughter, on. Thus, ½ by 2/3 = 1/3 and ½ by 1/3 = 1/6 respectively. Final distribution : d = ½; ss = 1/3; sd = 1/6).
FATHER AND SON’S SON The father takes his Koranic 1/6; and the son’s son takes the residue 5/6 by representation. And similarly the son’s son h.l.s (ma tasafalu), the nearer excluding the more remote.
DAUGHTER’S SON AND SON’S DAUGHTERS By parity of reasoning, the sons of a daughter represent the daughter and the daughters of a son represent the son. Thus son’s daughter, 2/3, and daughter’s son, 1/3.
SECTION II : PARENTS WITH CHILDREN & COLLATERALS
FATHER, MOTHER AND NO CHILDREN The mother takes 1/3 and the father 2/3.
FATHER, MOTHER AND SON Father, 1/6; mother, 1/6; son 2/3 (residue).
FATHER, MOTHER, CHILDREN, MALE AND FEMALE Father, 1/6; mother, 1/6: the residue to be divided in the proportion of two shares to one in respect of males and females, respectively.
FATHER, MOTHER AND ONE DAUGHTER According to the portions ordinarily fixed in the Koran, the daughter obtains ½; and the parents 1/6 each. This solution leaves 1/6 as undisposed of residue. The Fatimid solution is that the property is to be divided into five portions; 3/5 goes to the daughter and 1/5 each, to the parent; thus preserving the Koranic proportion on three to one.
MOTHER AND DAUGHTER This is a case of what would be called “return” in Hanafi law. In that system, the mother is allotted 1/6, as there is a daughter; and the daughter is allotted the Koranic ½. Reducing them to a common denominator, 1/6 plus 3/6, leaves 2/6 as undistributed, and the daughter takes 2/6 by return (radd), therefore, daughter, 5/6; mother 1/6. In Fatimid law, Qadi Noman, bearing in mind that the daughter’s share is three times that of the mother, reduces the denominator to four, and obtains the very satisfactory solution, daughter ¾; mother ¼.
FATHER AND DAUGHTER Father ¼ ;daughter ¾. This is said to have based on a decision of the Prophet, dictated to Ali bin Abu Talib and written down by him.
FATHER, MOTHER AND BROTHERS (OR COLLATERALS) Mother 1/6, because of father and brothers; father takes the residue 5/6, and the brothers and collaterals are excluded. But brothers and sisters, without the father, and whether they are full or consanguine, reduce the share of the mother from the possible 1/3 to 1/6. This in Hanafi law is known as “partial exclusion.”
FATHER AND MOTHER The Koranic share is 1/3 each, but the father is a male, therefore, father 2/3 and mother 1/3.
FATHER, MOTHER, FULL AND CONSANGUINE BROTHERS Mother 1/6 (the brothers reduce her share); father 5/6; the brothers are excluded.
FATHER, MOTHER, UTERINE BROTHERS AND SISTERS Mother 1/3; the uterine brothers and sisters do not affect her share. Father, the residue, that is 2/3. Note that the uterine brothers and sisters are excluded.
MOTHER, FULL, BROTHERS, CONSANGUINE BROTHERS AND UTERINE BROTHERS The mother takes the whole of the property, excluding the brothers/sisters, full, uterine or consanguine. The full brothers and sisters, consanguine brothers and sisters and the uterine brothers and sisters, do not share the inheritance, except with the husband or the wife.
MOTHER WITH BROTHERS AND SISTERS The share of the mother is affected when she inherits along with the father in the manner following; thus (i) When there are two or more, full or consanguine brothers, or (ii) when there is one full and one consanguine brother, or (iii) when there are four or more (but not three) consanguine sisters, or (iv) when there are one consanguine brother and two consanguine sisters, the mother’s share is reduced to 1/6 in each case. In all other cases, she excludes brothers and sisters.
SECTION III : HUSBAND/WIFE, SINGLY, OR TOGETHER WITH OTHER RELATIONS
The Koranic shares of the spouses are fixed and there can be no change in them. Husband, ½, if there are no children, and ¼ if there are. Wife, ¼ and 1/8, respectively.
WIFE, MOTHER AND FATHER "Wife, ¼ = 3/12
Mother, 1/3 = 4/12
Father, the residue = 5/12"
HUSBAND, FATHER AND MOTHER
Husband, ½ = three shares
Mother, 1/3 = two shares
Father, the residue = one share
SECTION IV : COLLATERALS (KALALA) AND PATERNAL GRANDPARENTS
FULL/CONSANGUINE BROTHER AND SISTER "i) When there are no children, no parents and no brother, the sister takes the whole estate unless there is the grandfather, who stands in the place of the brother.
ii) Two full sisters get 2/3 of the estate. If there are brothers and sisters, the brother gets twice the share of the sister.
iii) The full brother or sister excludes the consanguine brother or sister."
FULL BROTHER/SISTER, CONSANGUINE BROTHER/SISTER AND UTERINE BROTHER/SISTER A single uterine brother or sister gets 1/6 of the property. If there are more than one brother or sister uterine, they take 1/3 between them. The residue goes to the brothers and sisters, who exclude the consanguine brothers and sisters.
DISTRIBUTION AMONG UTERINE BROTHERS AND SISTERS The uterine brothers and sister divide their 1/3 share equally between them, brother and sister taking equally.
DISTRIBUTION BETWEEN FULL/CONSANGUINE BROTHERS AND SISTERS The full, or failing them, the consanguine brothers and sisters divide their share, the remaining 2/3, in accordance with the ordinary rule of inheritance, namely the male takes twice the share of the female.
UTERINE BROTHERS/UTERINE SISTER/CONSANGUINE BROTHERS/CONSTANGUINE SISTER/FULL SISTER "Uterine brother and sister = 1/3, to be divided equally between them, brother and sister taking alike. This is a Koranic provision and is an exception to the general rule of the double share to the male.
Full sister, ½ as Koranic heir, and the residue 1/6 as a blood-relation (bi’l rahm) ; therefore, 2/3.
The full sister excludes the consanguine brother and sister. Note that the full, consanguine and uterine brothers and sisters are entirely excluded by the father, the mother, the son and the daughter. They inherit only in the absence of the parents and the children."
GRANDFATHER The paternal grandfather is treated as equal to the brother in the law of inheritance. (i) The paternal grandfather is equated with the full (or consanguine) brother, and inherits like him. (ii) The maternal grandfather is equated with the uterine brother (or sister) and inherits like him.
PATERNAL, GRANDFATHER AND FULL (OR CONSANGUINE BROTHER (OR HIS SONS) The paternal grandfather gets ½; and the brother, full and failing him, the consanguine, shares equally and gets the residue ½.
BROTHER’S SON, PATERNAL GRANDFATHER The brother’s son and the paternal grandfather are of equal priority, and they inherit in equal proportions.
PATERNAL GRANDFATHER AND PATERNAL GRANDMOTHER The father excludes the paternal grandfather. The paternal grandmother, by the mother. Where they coexist, the paternal grandfather takes 2/3 and the paternal grandmother takes 1/3. They exclude the more distant relations.
PATERNAL GRANDFATHER AND GRANDMOTHER, MATERNAL GRANDFATHER AND GRANDMOTHER "The paternal side will get 2/3 of the property and the maternal, 1/3 respectively. The distribution between the paternal grandparents will be in the proportion of two shares to the male and one share to the female. Thus, the paternal grandfather will get 4/9 and paternal grandmother, 2/9. The total share of the maternal group will be divided equally, male and female sharing alike; thus the maternal grandfather will get 1/6 and the maternal grandmother will get 1/6.
Thus, Paternal grandfather, 4/9
Paternal grandmother, 2/9 = 2/3;
Maternal grandfather 1/6
Maternal grandmother 1/6 = 1/3."
PATERNAL GRANDMOTHER AND PATERNAL GRANDMOTHER’S SON The paternal grandmother gets 1/6; and her son gets the residue, 5/6. This distribution preserves the residue mainly for the son, who is also deemed to be an heir.
SECTION V : UTERINE HEIRS (DHAWUL’ARHAM), AGNATIC HEIRS (ASABAT), NEAR RELATIONS (AQARIB) AND PRIORITIES BETWEEN HEIRS
The Koran recommends blood-relations in preference to those whose rights arise by specific cause (wala), and the Prophet said that such relations as the paternal aunt and the maternal aunt exclude these subsidiary heirs.
PRIORITIES i) The son has priority over the son’s son. ii) The son’s son has priority over the brother’s son. iii) The full brother’s son has priority over the consanguine brother’s son. iv) The consanguine brother’s son has priority over the paternal uncle. v) The full paternal uncle has priority over the consanguine paternal uncle. (vi) The full paternal uncle’s son has priority over the consanguine paternal uncle’s son.
PATERNAL AUNT AND MATERNAL AUNT "Paternal aunt = 2/3
Maternal aunt = 1/3"
PATERNAL AUNT, PATERNAL UNCLE, MATERNAL AUNT AND MATERNAL UNCLE "The paternal uncle and aunt obtain 2/3, and the maternal uncle and aunt get 1/3 of the heritable estate. The 2/3 allotted to the paternal side is to be divided into three portions, two to be taken by the uncle and one by the aunt; thus, paternal uncle = 4/9; paternal aunt = 2/9. The 1/3 allotted to the maternal relations is to be divided equally, the uncle and aunt taking 1/6 each. Thus, paternal uncle, 4/9; paternal aunt 2/9 = 2/3; maternal uncle, 1/6; maternal aunt, 1/6 = 1/3.
The descendants of the paternal and maternal uncles inherit and sub-divide the estate in similar fashion. For instance:
a) Maternal uncle’s son, paternal uncle, paternal aunt. The maternal uncle’s son is excluded from inheriting by the nearer relation; and the uncle and aunt shall take in the proportion of two to one, respectively. The priority is due to nearness (qaraba) in blood-kinship.
b) The paternal uncle’s children will be wholly excluded by maternal uncles and aunts; and even if these be one such uncle or aunt.
c) Where the deceased leaves him surviving paternal uncle’s son, paternal uncle’s daughter, brother’s son, and brother’s daughter, then all of them shall inherit, the males taking two shares and the female, one share.
d) And when there are several collaterals of equal degree, the agnatic relations and the uterine relations inherit together according to their priorities, males taking twice the share of the females; and their issue represents their father’s shares, the nearer excluding the more remote.
The fundamental principle of priority in the law of inheritance may be stated as follows:-
Priority is enjoyed first by the relations mentioned in the Koran; next by the blood-relations both agnates and cognates, according to their respective priorities, the nearer of them excluding the more remote; and finally, the residue, if any, reverts to those heirs who have priority, in proportion to their shares. This is in accord with the principles laid down in the Koran (8:75 and 33:6).
He to whom a share of inheritance is given by the Koran, shall take in preference to him who is not mentioned in the Book. And there shall be no distinction between agnatic and uterine relations. This statement of the fundamental principle does away entirely with the principle of ta’sib, recognized by the Sunni system of inheritance. And Ali bin Abu Talib said: “The Prophet ruled that the asabat (agnatic relations, which had inherited since pre-Islamic times) shall not inherit with a son; nor in preference to descendants, whether male or female.” This rule further demolishes the principle of Sunnite law mentioned above."
SECTION VI : FIXATION OF SHARES AND THEIR ALTERATION BY AWL (INCREASE) "The fractional shares ordained in the Koran (sahm, pl. siham) shall not be altered in any circumstances. The said shares are six in number:-
1. 2/3 (two or more daughters; or father, when he coexists with the mother or daughter, as the only other "
2. 1/2 = husband (without children);
3. 1/3 = mother (without children);
4. 1/4 = widow (without children);
5. 1/6 = uterine brother or sister;
6. 1/8 = widow (when there are children).
Imam Muhammad al-Bakir and Imam Jafar Sadik denied the validity of the principle of awl as laid down by the Hanafi law. For example: Husband, consanguine sister, uterine brother or sister. According to Hanafi law the distribution will be as follows:
Husband = 1/2
Consanguine sister = 1/2
Uterine brother or sister = 1/3;
but since this would exceed unity, they reduce the shares to a common denominator and divide the estate as follows:
Husband = 3/8
Consanguine sister = 3/8
Uterine brother or sister = 2/8, total unity.
According to the Fatimid law the distribution is as follows:-
Husband = 1/2 (Koranic share)
Uterine brother or sister = 1/3 (Koranic share)
Consanguine sister = 1/6
If instead of a consanguine sister, there were a consanguine brother, the distribution would still be the same; that is 1/6 and would be as in Hanafi law.
SECTION VII : PRINCIPALS OF ADMITTANCE TO, OR EXCLUSION FROM INHERITANCE
"i) The mother of an illegitimate child and her relations obtain inheritance on the death of an illegitimate child, and not the father or his relations.
ii) Where an illegitimate child commits a crime, the responsibility to pay the blood-money is on the tribe of his mother
a) A founding (laqit) shall not inherit from his parents’ relations. Nor shall the founding’s parents inherit from him.
b) A founding’s son (being legitimate) shall inherit from him, if otherwise competent to inherit.
c) A founding inherits and hands down the right of inheritance to his relations by affinity; that is on the ground of marriage.
1) If a woman is divorced by her husband, and she marries before the idda is completed, and a child is born
within six months of the divorce, the child belongs to the first husband.
2) But if the child is born after six months and more of the divorce, it belongs to the second husband.
i) A hamil is a person who is born in a dar al-shirk (country of unbeliever) and who is known to be of certain parentage in a dar-islam, and whose paternity is acknowledged.
ii) A hamil is entitled to inherit from his known relations; and such relations are entitled to inherit from him.
a) An embryo (janin) when he is born alive is entitled to inherit; and his relations are entitled to inherit from him.
b) Life is proved in such cases by movement (haraka), whether the child survives or not, and whether he cries after birth or not (istihlal)."
RELIGION OF HEIRS The Prophet said, “Professors of two distinct faiths do not inherit one from the other.” But unbelievers inherit from one another, in accordance with their own laws. A Muslim inherits from a kafir, but an infidel does not inherit from a believer. If a Muslim dies leaving unbelievers as his heirs, the heirs are not entitled to inherit, and he is treated as a person dying without any heirs. Ali bin Abu Talib however used to decree the right of inheritance in the case of Zoroastrians in two different legal capacities. Where an apostate (murtadd) dies, his property is distributed according to the law laid down in the Koran. Free men and women do not inherit from slaves; and slaves do not inherit from free men and women. A man who kills another, whether intentionally or not, cannot inherit from the deceased.
"If two or more persons die in a shipwreck or common calamity (such as bombing or an air crash), and there is no proof as to which of them died first, each inherits from the other.
Where a man divorces a woman on Islamic rules, each party inherits from the other, if death occurs during the period of idda.
This is the general rule for divorce when the man is in health (sahih), as distinguished from disease, that is death-illness. If however the divorce takes place during death-illness:
i) the husband does not inherit from the wife after the idda; but
ii) the wife inherits from the husband if he dies of the illness, except (a) where he recovers from the illness, or (b) the wife marries another husband.
The Prophet said, “Where a man dies leaving heirs, his property is for the heirs; and he who leaves a debt (dayn), or dies insolvent (daya, literally lost), the responsibility is on me.” Imam Muhammad al-Bakir assumed a similar responsibility; and Imam Jafar Sadik made such payments out of the public treasury.
When a man dies without leaving heirs, his property is treated as booty (anfal), and escheats to the state, or goes to the public treasury. Where some of the heirs acknowledge the claims of an unknown person to be as heir (of a deceased person), but the others deny the claim, the claimant’s shall be paid out of the portion of such of the heirs as admit his claims. But, an admission of this character does not establish the claimant’s right as a blood-relation; nor does it entitle him to all the other rights of inheritance.
When a person dies, his property is to be applied successively according to the following priorities:- (a) burial expenses (kafn); (b) debt (dayn); (c) legacies (wasiyya); (d) inheritance (mirath)."
SECTION VIII : MISCELLANEOUS PROVISIONS
There were certain miscellaneous questions, which created doubts and difficulties in the minds of certain persons. The decisions reported here purport to resolve these issues:-
SPOUSE AS SOLE HEIR "When a man dies leaving his widow as his sole surviving heir, she takes the whole of his property. Similarly when a married woman dies leaving her widower as her sole surviving heir, the whole of the property goes to him.
The reason mentioned for this rule is that although their Koranic shares are fixed at 1/4 and 1/8, respectively, the residue cannot be taken by anyone else according to the Koranic regulations. The wife was after all a close relation of the husband, and was preferred to the state as a residuary. Both of these decisions are attributed to Ali bin Abu Talib, and as all the succeeding Imams followed them, the rule can be said to be firmly established.
a) An unbeliever was converted to Islam and later, killed accidentally. He had no heirs left surviving him. The blood-money due by his accidental death was distributed among the poor, who had been converted to Islam.
b) Similarly, a man died, leaving no heirs, but a will whereby he left the whole of his property to the poor. The will was upheld as valid and the whole of the deceased’s property was devoted to charity.
In all these cases, the blood-money would have gone to the state coffers, and Ali bin Abu Talib as Imam diverted the money to charity. All these decisions were given by Ali bin Abu Talib, and are therefore of the highest authority.
A man belonging to the sub-tribe Khuza’a, of the tribe Azd, died without leaving any heirs. The Prophet decided to give his property to a man of the sub-tribe Khuza’a."
ELDEST SON ENTITLED TO CERTAIN PERQUISITES "When a man dies leaving several sons, the eldest is entitled to his father’s sword, buckler, ring and Koran. And if by accident the son dies, these chattels would descend in the same manner to his eldest son. This decision is based on the special position of the eldest son, as he is entitled to be the wasi.
This rule does not contravene the general law of inheritance whereby all the sons of a deceased person are entitled equally to their portion from the heritable estate. The special position of the eldest son is also mentioned in the testament of the Prophet and of Ali bin Abu Talib. This regulation is a secret sign (ramz) from the representative (wali) of God and is restricted to the Imams of the Prophet’s family and is inapplicable generally to Muslims."
WOMEN NOT TO INHERIT IMMOVABLE PROPERTY. RULE EXPLAINED AWAY Imam Muhammad al-Bakir and Imam Jafar Sadik ruled in a certain cases that women were not entitled to inherit landed property, but were entitled to their proper share of inheritance, account being taken of the price of land forming part of the estate of the deceased. But this rule according to Qadi Noman, deals with certain exceptional cases, and is not of general application. “In any case” writes Qadi Noman “where landed property is owned by a deceased person as heritable property, the female heirs have a share in it in accordance with the rule laid down by God. This is a fixed rule, admitting of no variation.”
SECTION IX : REDUCTION OF KORANIC SHARES
"Qadi Noman mentioned the shares of inheritance, and then took up the question of their mathematical calculation in certain circumstances.
The share laid down by Ahl al-Bayt belongs to two cardinal groups: (I) the shares are fixed by the Koran, and the residue (ma baqiya) is to be distributed in accordance with certain rules; and (II) the shares are fixed by the Koran, and the residue returns to certain heirs in definite proportions."
PRINCIPLE ONE The person inherits the exact share, and the residue goes to the other. For instance, husband ½ , and the residue to a single son ½. Similarly, 1/3 (mother) or ¼ (widow), and so forth. Similarly, if there are more persons than one, the residue goes to them in equal proportions, after deduction of the Koranic share.
Example One "Husband, six sons:
H = ¼ = 6/24
Six sons = 3/24, each. Hence, the distribution is husband, 6/24 and each son 3/24."
Example Two "Husband, five sons:
H = ¼ = 5/20
Five sons = 3/4 = divided by five, therefore, 3/20 each.
Final distribution : Husband = 5/20; the five sons, 3/20 each = 15/20"
Example Three "Husband, five sisters, father’s father.
The husband is to be allotted ½; the remaining ½ is so to be divided that each sister gets one share and the grandfather, being equated with the brother, gets two shares. Therefore, the ½ is to be divided into seven shares, ½ by 2/7 = 2/14 for the grandfather; and ½ by 1/7 = 1/14, for each sister.
Final distribution: Husband = 7/14;
five sisters (1/14 each) = 5/14
Paternal grandfather = 2/14 "
PRINCIPLE TWO "In this case the residue returns to certain heirs, as there is no relation, equal in degree, entitled to claim the share of inheritance. The shares are to be distributed according to the Koranic proportions, and the residue is to be distributed in the same proportions to the same heirs.
For instance, daughter, father, mother. The first distribution is daughter, ½ = 3/6, father, 1/6, mother 1/6.
There is a residue of 1/6. This is to be returned in the same proportions. So, counting the numerators they are five, thus the final distribution will be : daughter, 3/5; father 1/5; mother 1/5."
HUSBAND, DAUGHTER AND FATHER "In the first instance the husband has to be allotted ¼, that is a one out of four shares. The residue ¾ must again be divided into four parts, therefore, ¾ by ¼ = 3/16.
Now, out of 16 shares, four shares to the husband; nine to the daughter and three to the father = 16 shares. Thus: Daughter = 9/16; Husband = 4/16; Father = 3/16"