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Types of Heirs: A Āb Al-Farā'i (4 Males & 8 Females)
Types of Heirs: A Āb Al-Farā'i (4 Males & 8 Females)
Types of Heirs: A Āb Al-Farā'i (4 Males & 8 Females)
Praise belongs to God alone, and He is Sufficient, and may peace be upon His
chosen servants. May God send His prayers, peace, and blessings upon our Master
Muhammad and upon the family of our Master Muhammad.
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We intend what the author, our teachers, and the pious have intended, and what
God knows of virtuous intentions, and we ask God to accept.
Islmic Inheritance Law
Mawln Yousuf Ghouse
When an individual dies, their estate will be used for the following purposes:
1) Covering funeral expenses.
2) Paying back all debts.
3) Honoring any bequests this will apply only under the following three
conditions:
A. The bequests can only be from 1/3 of the estate. Any bequests beyond 1/3 of
the remaining estate (after covering burial expenses and paying back debts)
will not be honored.
B. The bequests cannot be for something sinful.
C. The bequests cannot be for an heir.
Then, anything that remains of the estate will be divided among the heirs, as
detailed below.
Types of Heirs
Heirs are divided into three categories:
1) Ab al-Fari: these heirs will receive a fixed share that is stipulated by
the Qurn.
2) Aabt: these heirs will receive whatever is left after the Ab al-Farid
have taken their shares.
3) Dhaw al-Arm: any relatives who do not fit into one of the above
categories. Practically speaking, these heirs rarely inherit.
Ab al-Fari (4 males & 8 females)1
The Father
1) If there are no descendants, then the father will inherit as a Aabah.
1 Within each category of the Ab al-Farid, if a higher-numbered scenario applies,
then the lower-numbered scenarios will not be considered.
2) If there are any female descendants, then the fathers share will be 1/6, and
he will also inherit as a Aabah.
3) If there are any male descendants, then the fathers share will be 1/6.
The a Grandfather(s)2
1) If there are no descendants, then the a grandfather will inherit as a
Aabah.
2) If there are any female descendants, then the a grandfathers share will
be 1/6, and he will also inherit as a Aabah.
3) If there are any male descendants, then the a grandfathers share will be
1/6.
4) If there is a father, then the a grandfather will not inherit.
The Uterine Sibling(s)3
1) If there is one uterine sibling, then his/her share will be 1/6.
2) If there are two or more uterine siblings, then their total share will be 1/3.
3) If there are any male ascendants or any descendants, then the uterine
sibling will not inherit.
The Husband
1) If there are no descendants, then the husbands share will be 1/2.
2) If there are any descendants, then the husbands share will be 1/4.
The Wife/Wives
1) If there are no descendants, then the wife/wives share will be 1/4 each.
2) If there are any descendants, then the wife/wives share will be 1/8 each.
The Daughter(s)
1) If there is one daughter, then her share will be 1/2.
2) If there are two or more daughters, then their total share will be 2/3.
3) If there is are any sons, then the daughters share will be half of theirs.
The Paternal Granddaughter(s)
1) If there is one paternal granddaughter, then her share will be 1/2.
2) If there are two or more paternal granddaughters, then their total share will
be 2/3.
3) If there is any paternal grandsons, then the paternal granddaughters share
will be half of theirs.
4) If there is one daughter, then the paternal granddaughters share will be 1/6.
5) If there are two or more daughters, then the paternal granddaughter will not
inherit.
6) If there is a son, then the paternal granddaughter will not inherit.
The Mother
1) If there are no children, or less than two siblings (be they full, uterine, or
agnate siblings), then the mothers share will be 1/3.
2) If there are any children, or two or more siblings (be they full, uterine, or
agnate siblings), then the mothers share will be 1/6.
2 a grandfathers are grandfathers who are not related to the deceased via a mother.
Grandfathers who are related to the deceased via a mother are called fsid
grandfathers.
3 Uterine siblings, or maternal half-siblings, are siblings who have the same mother but
not the same father.
3) If the only heirs are the spouse and both of the parents, then the mothers
share will be 1/3 of what remains after the spouse takes their share.
The aah Grandmother(s)4
1) If there is no mother, then the aah grandmothers share will be 1/6.5
2) If there is a mother, then the aah grandmother will not inherit.
The Full Sister(s)
1) If there is one full sister, then her share will 1/2.
2) If there are two or more full sisters, then their total share will be 2/3.
3) If there are any female descendants, then the full sister will inherit similar to
a Aabah.
4) If there are any full brothers, then the full sisters share will be half of theirs.
5) If there are any male ascendants or any male descendants, then the full
sister will not inherit.
The Agnate Sister(s)6
1) If there is one agnate sister, then her share will be 1/2.
2) If there are two or more agnate sisters, then their total share will be 2/3.
3) If there is one full sister, then the agnate sisters share will be 1/6.
4) If there are two or more full sisters, then the agnate sister will not inherit.
5) If there are any female descendants, then the agnate sister will inherit
similar to a Aabah.
6) If there are any agnate brothers, then the agnate sisters share will be half of
theirs.
7) If there are any male ascendants or any male descendants, then the agnate
sister will not inherit.
Aabt (4 levels)
Level 1 The son, grandson, etc. of the deceased.
Level 2 The father, grandfather, etc. of the deceased.
Level 3 The sons, grandsons, etc. of the deceaseds father.
Level 4 The sons, grandsons, etc. of the deceaseds grandfather.
If an heir of a higher level is present, then the heirs of the lower levels will not
inherit.
Within a level, if an heir closer to the deceased is present, then the heirs further
from the deceased will not inherit.
4 aah grandmothers are grandmothers who are not related to the deceased via a
fsid grandfather.
5 This will apply only if all of the aah grandmothers belong to the same generation.
6 Agnate siblings, or paternal half-siblings, are siblings who have the same father but not
the same mother.
The Father
The Grandfather(s)
The Husband
The Wife/Wives
The Daughter(s)
The Paternal
Granddaughter(s)
The Mother
The Grandmother(s)
Scenario
Share
No descendants
Any female descendants
Aabah
1/6 + Aabah
1/6
No descendants
Any female descendants
Aabah
1/6 + Aabah
1/6
Father
1/6
1/3 in total
Will not inherit
Any descendants
1/2
1/4
No descendants
Any descendants
1/4 each
1/8 each
One daughter
Two or more daughter
1/2
2/3 in total
Any sons
1/2
2/3 in total
Half of the paternal grandsons
share
1/6
Any sons
1/3
1/6
No mother
Mother
1/6 each
Will not inherit
1/2
2/3 in total
1/2
2/3 in total
1/6