SUCCESSION/INHERITANCE
But if he had no children and the
Sh.C Ayshia F. Kunting (2021 lectures)
RULE: NO MUSLIM CAN INHERIT FROM A NON-
MUSLIM (vice-versa)
• Narrated Usamah b. Zaid: The Prophet (‫)ﷺ‬
as saying: A Muslim may not inherit from
an infidel nor an infidel from a Muslim.
I- BASES AND DEFINITIONS
A. Succession (Art.89)
Article 89. Succession is a mode of acquisition by virtue
of which the estate of a person is transmitted to his heirs
or others in accordance with PD 1083.
B. Quran
Chapter (4) sūrat l-nisāa :7
“For men is a share of what the parents and close relatives
leave, and for women is a share of what the parents and
close relatives leave, be it little or much - an obligatory
share.”
Chapter (4) sūrat l-nisāa :8
“And when [other] relatives and orphans and the needy are
present at the [time of] division, then provide for them
[something] out of the estate and speak to them words of
appropriate kindness.”
Chapter (4) sūrat l-nisāa :9
“And let those [executors and guardians] fear [injustice] as
if they [themselves] had left weak offspring behind and
feared for them. So let them fear Allah and speak words of
appropriate justice.”
Chapter (4) sūrat l-nisāa :11
“Allah instructs you concerning your children: for the male,
what is equal to the share of two females. But if there are
[only] daughters, two or more, for them is two thirds of
one's estate. And if there is only one, for her is half. And
for one's parents, to each one of them is a sixth of his
17th Series Shari’ah Training
Compiled Notes
R.I.H.
estate if he left children.
parents [alone] inherit from him, then for his mother is one
third. And if he had brothers [or sisters], for his mother is a
sixth, after any bequest he [may have] made or debt. Your
parents or your children - you know not which of them are
nearest to you in benefit. [These shares are] an obligation
[imposed] by Allah. Indeed, Allah is ever Knowing and
Wise.”
Chapter (4) sūrat l-nisāa :12
“And for you is half of what your wives leave if they have
no child. But if they have a child, for you is one fourth of
what they leave, after any bequest they [may have] made
or debt. And for the wives is one fourth if you leave no child.
But if you leave a child, then for them is an eighth of what
you leave, after any bequest you [may have] made or debt.
And if a man or woman leaves neither ascendants nor
descendants but has a brother or a sister, then for each
one of them is a sixth. But if they are more than two, they
share a third, after any bequest which was made or debt,
as long as there is no detriment [caused]. [This is] an
ordinance from Allah , and Allah is Knowing and
Forbearing.”
Chapter (4) sūrat l-nisāa :176
“And for you is half of what your wives leave if they have
no child. But if they have a child, for you is one fourth of
what they leave, after any bequest they [may have] made
or debt. And for the wives is one fourth if you leave no child.
But if you leave a child, then for them is an eighth of what
you leave, after any bequest you [may have] made or debt.
And if a man or woman leaves neither ascendants nor
descendants but has a brother or a sister, then for each
one of them is a sixth. But if they are more than two, they
share a third, after any bequest which was made or debt,
as long as there is no detriment [caused]. [This is] an
ordinance from Allah , and Allah is Knowing and
Forbearing.”
Qur-an: 2:180 Suratl Baqarah
“Prescribed for you when death approaches [any]
one of you if he leaves wealth [is that he should
make] a bequest for the parents and near relatives
according to what is acceptable - a duty upon the
righteous.”
Hadith (some of the hadith only)
“A person should not sleep if he possesses a
property unless he makes a will.
Volume 8, Book 80, Number 737:
Narrated Abu Huraira:
Allah's Apostle said, "I am more closer to the
believers than their ownselves, so whoever
(among them) dies leaving some inheritance,
his inheritance will be given to his 'Asaba, and
whoever dies leaving a debt or dependants or
destitute children, then I am their supporter."
Volume 8, Book 80, Number 738:
Narrated Ibn 'Abbas:
The Prophet said, "Give the Fara'id (the shares
of the inheritance that are prescribed in the
Qur'an) to those who are entitled to receive it;
and whatever is left should be given to the
closest male relative of the deceased."
Volume 8, Book 80, Number 731:
Narrated Ibn 'Abbas:
(During the early days of Islam), the inheritance
used to be given to one's offspring and legacy
used to be bequeathed to the parents, then
Allah cancelled what He wished from that order
and decreed that the male should be given the
equivalent of the portion of two females, and for
the parents one-sixth for each of them, and for
one's wife one-eighth (if the deceased has
children) and one-fourth (if he has no children),
for one's husband one-half (if the deceased has
no children) and one-fourth (if she has
children)."
Ijma (some of the Ijma on inheritance)
1. The Muwatta' mentions the inheritance of paternal half-
siblings: "Malik said, 'The generally agreed-on way of
doing things with us is that when there are no full-siblings
with them, half-siblings by the father take the position of
full-siblings. Their males are like the males of the full-
siblings, and their females are like their females except in
the case where the half-siblings by the mother and full-
siblings share, because they are not offspring of the
mother who joins these.'" (27.6) Then he proceeded to the
secondary rulings based on this consensus.
17th Series Shari’ah Training
Compiled Notes
R.I.H.
2. Another example of that is the inheritance of maternal
half-siblings. Malik said about that: "The generally agreed-
on way of doing things with us is that maternal half-siblings
do not inherit anything when there are children or
grandchildren through sons, male or female. They do not
inherit anything when there is a father or the father's father.
They inherit in what is outside of that. If there is only one
male or female, they are given a sixth. If there are two,
each of them has has a sixth. If there are more than that,
they share in a third which is divided among them. The
male does not have the portion of two females." (27.4)
C. Ilmul Faraid
Science of inheritance is that branch of law which
deals with the fixing of shares, qualification of heirs, their
rights and obligations and the proportion of shares with
respect to the estate of the decedent.
D. Arkan (elements) vs Shurut (requisites)(Art.91)
of inheritance
Arkan(elements)- absence of one element makes the
inheritance invalid.
1. Decedent
2. Heirs
3. Estate
Shurut (requisites) Art.91
Article 91. No settlement of the estate of a deceased
person shall be effected unless:
a. The death of the decedent is ascertained.
b. The successor is alive at the time of the death of
the decedent; and
- Meaning the heir must be alive when the
succession opens.
c. The successor is not disqualified to inherit.
Rukn/arkan= elements, ingredients
1. Death
2. Heirs alive at the time of succession
3. Presence of Estate
Shurut= Requisites of inheritance (Art 91)
1. Death of Decedent is ascertained
2. Heirs alive at the time of death of decedent.
3. Heir is not disqualified
Question: If 1 of the rukn (elements) is missing will
there be succession? NO
E. Tarikah vs Mirath (Art.92)
ARTICLE 92. Inheritance (Mirath). – The inheritance of a
person includes all properties of any kind, movable or
immovable, whether ancestral or acquired either by
onerous or gratuitous title, as well as all transmissible
rights and obligations at the time of his death and those
that accrue thereto before partition.
The word Tarka or (Tareka)technically in law of
inheritance is that property which the deceased leaves
behind as his lawful property.
 • Tarika -Gross estate/entire estate left bythe
decedent
• Mirath- Total deisposable third that is left after
payevales are paid. What is left after paying all
debts/liens.
Tariqa/Tarika Mirath
Gross Estate Net Estate
Tariqa ,inus
expenses=Mirath
F. Causes of succession
1. Niqah- marriage or marital tie (affinity)
2. Nasab- by blood relationship
a. Direction- ascending , descending ,
collateral
b. Degree- (how far from the decedent)count
the lines
Clue (for sharers and residuary only):
2 letters- 2 degree, 3 letters- 3 degree
Marriage upto 3 digrees is Haram
c. Strength (thickness of the blood)- germane
((full), consaguine (only connected by father),
uterine (connected by mother)
• Maternal uncle/aunt- Automatic distant kindred
• Paternal uncle/aunt- there is a chance that they
will be paternal
3. Wala’- Fictitious relationship, literally means
friendship and assistance.
- Nothing in the qur-an, hadith or ijma that will
make this inheritance.
- Adoption falls on this category- they can
only inherit when they are put in a will.
G. Disqualified Heirs (Art.93
Article.93. Disqualification to Succession
a. Those who have intentionally caused directly or
indirectly the death of the decedent;
b. Those who have committed any other act which
constitutes a ground for disqualification to inherit
under Islamic Law; and (apostate, apostacy)
- These are what you call Murtad:
- You renounced Islam (Murtad).
c. Those who are so situated that they cannot
inherit under Islamic Law. (adopted, different in
religion)
• Art.93 talks about those who can legally inherit,
the adopted child is not included in those who
can inherit
H. Succession by (Art.94-98)
ARTICLE 94. Succession from acknowledging person.
– Without prejudice to the order of succession of heirs,
mutual rights of inheritance shall obtain:
17th Series Shari’ah Training
Compiled Notes
R.I.H.
(a) Between the acknowledging father and the
acknowledged child; and
(b) Between the kinsman acknowledged through
another person and the acknowledger.
• Acknowledged child as residuary
• Acknowledged kinsman will only enter in the
absence of residuary
ARTICLE 95. Succession by illegitimate child. – A child
who was the cause of the mother’s having been divorced
by li’an shall have mutual rights of succession only with the
mother and her relatives.
• Illegitimate child- can only inherit from the mother
• Shall have mutual rights of succession only from
the mother and her mother’s relatives.
ARTICLE 96. Succession between divorced persons. –
(1) The husband who divorces his wife shall have mutual
rights of inheritance with her while she is observing her
‘idda. After the expiration of the ‘idda, there shall be no
mutual rights of succession between them.
(2) The husband who, while in a condition of
death-illness, divorces his wife shall not inherit
from her, but she shall have the right to succeed
him even after the expiration of her ‘idda.
1. In the observance of wifes Idda- entitled to
inheritance.
2. Husband on a death bed (maradul mawt)- wife
is still entitled to inheritance whether or not she is
observing Idda.
- The wife cannot inherit anymore if the illness
is beyond 1 year already.
- A remarriage by the wife within 1 year of
maradul mawt disqualifies the wife from
inheriting.
- Wife died while performing Idda, husband
cannot inherit even he is in death bed.
Divorced persons (BAR)
• Maradul Mawt - divorce during death illness, on
a death bed., 1 year maximum that the wife can
inherit from the divorce in maradul mawt
• Divorce during this time, the W is entitled to
inheritance wether or not she finishes her Idda
• Marriage contracted in death illness is valid in the
same way that marriage is contracted with no
health issues.
ARTICLE 97. Succession by conceived child. – A child
conceived at the time of the death of the decedent shall be
considered an heir provided it be born later in accordance
with Article 10; its corresponding share shall be reserved
before the estate is distributed.
Question: How will a cC inherit?: cC will inherit if born - ADD THE SHARES IN 1ST AND 2ND
alive however briefly and was completely delivered from COMPUTATION TO GET THE TOTAL
the mothers womb. SHARES.
- Its corresponding share shall be reserved.

ARTICLE 98. Succession by absentee. – The share of

an heir who is missing or otherwise absent at the time of II- MODES OF SUCCESSION
the death of the decedent shall be reserved:
A. By will (wasiya)
(a) Until he reappears and claims it; - when decedent left a valid will to a qualified
legatee
(b) Until he is proven dead; or

(c) Until the lapse of ten years after which he shall be
presumed dead by decree of the court.
- The share of an absentee/ at the time of death shall be
reserved.
a. Until he reappears and claims it
b. Until he is proven dead
c. Until the lapse of ten years after which he
hall be presumed dead.
ARTICLE 101. Will defined. – A will (wasiya) is a
declaration whereby a person is permitted, with the
formalities prescribed by law, to control the disposition
after his death of not more than one-third of his estate, if
there are heirs, or the whole of it, if there are no heirs or
distant kindred.
• The article provides that not more than 1/3 of
mirath shall be disposed of by will.

Q: How does the 10 years here differ in the time of
missing person under Persons.
Reappears- succession cannot take place
Established death- succession opens
Lapsed of ten years- Apply in Sharia District court
to open succession
• Double inheritance as a consequence of double
deaths may take place in this case
ARTICLE 102. Formalities. – (1) The making of a will is
strictly a personal act; it cannot be left in whole or in part to
the discretion of a third person or accomplished through
the instrumentality of an agent.
(2) A will may be declared orally or in writing in a manner
that shows clearly the intention of the testator to execute it
in the presence of a least two competent, credible and
disinterested witnesses.

meaning this article provides that the making of a will is;

I- Vested Interest, Simultaneous death
1. Strictly a personal act- cannot be left to the will of
A. Vested interest a third person
X- 1ST X(S)- 2ND E OF 2. Clear intention, Declared orally or in writing in the
DECEDENT DECEDENT S= oresence of at least 2 witnesses, competent,
(APRIL (JUNE 14/24 credible and disinterested witness.
2021) 2021) - Witness must be upright, practicing MALE
W W(M) 1/3 muslim: credible, competent, disinterested.
S 14/24 W 1/4
D 7/24 D (FS) 1/2 ARTICLE 103. Proof of will. – (1) No nuncupative will
shall pass any property of the decedent unless it is proved
- IDENTIFY THE DOUBLE HEIRS and allowed in accordance with a solemn oath or
- IN TOTAL: D+FS= TOTAL SHARE affirmation of all the witnesses who attested to its
- W+M= TOTAL SHARE declaration.

B. Simultaneous death- (2) No will of any other kind, holographic or formal, shall
X- 1ST X(S)- 2ND 6 pass any property unless it is proved and allowed in
DECEDENT DECEDENT accordance with this Code.
(11:00pm) (11:00pm)
W 1/8 W(M) 1/3 2/6 2/5 1. Non-Cupative will (ORAL)- solemn oath of
D 7/8 D (FS) 1/2 3/6 3/5 affirmation of all witnesses who attested to its
S RADD 5/6 declaration.
2. Proved or allowed in accordance with this code.
- HEIRS ARE THE SAME (holographic/formal)
17th Series Shari’ah Training
Compiled Notes
R.I.H.
ARTICLE 104. Testamentary wagf . – An endowment
for Islamic purposes to take effect after the death of the
donor (wagf-bill-wasiya) partakes of the nature of a
testamentary disposition.
• Sources: Qur-an: “You will not attain unto piety
and place of acceptableness until ye spend of
that which ye love in the way of God”.
- Subject upto 1/3 of the will.
• Waqf- the sisposable third, only the property you
can give by will.
ARTICLE 105. Capacity to make a will. – Any person of
sound and disposing mind and who is not expressly
prohibited by Islamic law may make a will. Persons of
either sex under the age of puberty cannot make a will.
ARTICLE 106. Disposable third. – (1) The testator, in
his will, cannot dispose of more than one-third of his
estate. Any bequest in excess thereof shall not be given
effect unless ratified by the heirs. In any case, the
bequest must be accepted by the legatee.
(2) A bequest to any sharer or residuary shall not be valid
unless ratified by the testator’s heirs existing at the time
of his death.
1. Any bequest more than 1/3 of mirath not
effective unless ratified by heirs; must be
accepted by legatee
2. Any bequest to sharer or residuary not valid
unless ratified by heirs.
• If he is already an heir, no bequest can be made
already to that heir.
• Cannot be given unless ratified by all the heirs.
Hadith :
“No bequest to an heir/successor”
ِ . " ِ‫له هوصي ِةه ل هِوارث‬
ِ ‫ى ُكلِ ذي هحقِ هحق ِهُ فه‬
ِ‫ط‬‫نِ ّللاهِ قهدِ أهع ه‬
(Inna)Narrated AbuHurayrah:
I heard the Messenger of Allah (‫ )ﷺ‬say: Allah has
appointed for everyone who has a right what is due to
him, and no bequest must be made to an heir.
ARTICLE 107. Bequest by operation of law. – Should
the testator die without having made a bequest in favor of
any child of his son who predeceased him, or who
simultaneously dies with him, such child shall be entitled
to one-third of the share that would have pertained to the
father if he were alive. The parent or spouse, who is
otherwise disqualified to inherit in view of Article 93 (c),
shall be entitled to one-third of what he or she would have
received without such disqualification.
• This article is essentially inoperative by operation
of law.
• Succession by representation is not Islamic
17th Series Shari’ah Training
Compiled Notes
R.I.H.
ARTICLE 108. Revocation of will. – Will may be
expressly or impliedly revoked by the testator at any time
before his death. Any waiver or restriction of this right
shall be void.
• Revocation of a will is a right of the testator
before death, no waiver/restriction is allowed.
ARTICLE 109. Partial invalidity of will. – The invalidity
of one of several provisions of a will shall not result in the
invalidity of the others, unless it is to be presumed that
the testator would not have made such other provisions if
the first invalid provision had not been made.
• Partial Invalidityof a will
An invalid condition in the will shall not invalidate
the valid bequest made.
B. By Operation of Law (Legal Succession)
ARTICLE 99. Order of succession. – The heirs of a
decedent shall inherit in the following order:
(a) Sharers (ashab-ul-furud) shall be entitled to fixed
shares;
(b) Residuaries (ashab-ul-mirath) shall be entitled to the
residue;
(c) In the absence of the foregoing, the distant kindred
(dhaw-ul-arham) who are blood relatives but are neither
sharers nor residuaries; and
(d) In default of the above, the acknowledged kinsman,
universal legatee, or the public treasury (bait-ul-mal), in
that order.
Order of succession (Legal Succession)
A. Correlate with Art.100(Modes of Succession)
B. Correlate with Art.135 (Order of preference of
claims)
a. Sharers (ashab-ul-furud)
b. Residuaries (ashab-ul-mirath)
c. Distant kindred (dhaw-ul-arham)
d. Acknowledged kinsman, universal legatee, or
public treasury (baiy-ul-mal), in that order
C. By Combination of both
ARTICLE 100. Modes of Succession. – Succession may
be:
(a) By will (wasiya);
(b) By operation of this Code; or
- also known as legal succession (d) In default of the above, the acknowledged kinsman,
universal legatee, or the public treasury (bait-ul-mal), in
(c) By combination of both that order.

From this we can deduce the following heirs based on their

order of preference

a. Sharers (As habul furud)

ARTICLE 110. Who are sharers. – The following persons

shall be entitled to the inheritance as sharers to the extent
set forth in the succeeding articles:

III. LIENS/CHARGES AGAINST THE ESTATE (a) The husband, the wife;
(b) The father, the mother, the grandfather, the
Al huququl muta’alliqatu bit tarikah (Rights attached grandmother;
to the estate of the decedent) (c) The daughter and the son’s daughter in the
direct line;
1. Specific Rights (zakat, mortgage, etc) (d) The full sister, the consanguine sister, the
2. Reasonable funeral expenses uterine sister and the uterine brother.
3. Debts, unpaid dower, etc
4. Al haq al waratah They are 12 persons (with specific furud) or shares.
5. Al mirath
• The 5 are untouchable also referred as the magic
5: H,W,F,M,D
ARTICLE 135. Order of preference of claims. – The • Sharers(Ashabul Furudh) -12
estate of a decedent shall be applied to claims and charges UNTOUCHABLE
in the following order: H,W,F,M,D S,SD,FS,CS,UB,US

(a) unpaid taxes;

(b) reasonable funeral expenses; b. Residuaries (‘Asaba)

(c) the expenses for probate, administration and other
judicial expenses;
(d) the debts of the decedent;
(e) the legacies to the extent of the disposable one-third;
ARTICLE 124. Residuaries. – Any residue left after the
distribution of the shares shall be partitioned among the
residuaries in accordance with the following articles. An
heir may succeed as residuary in his own right (asaba-bin-
nafs), in another’s right (asaba-bil-ghair), or together with
another (asaba-ma’al-ghair).

(f) the distribution of shares among heirs; and There are 3 kinds: ROR, RAR, RTA (S hdd and F hdd
untouchable)
(g) unpaid dower.
c. Distant Kindred (Dhaw-ul arham)

IV. ORDER OF SUCCESSION ARTICLE 131. Relatives included. – Distant kindred

includes the following:

ARTICLE 99. Order of succession. – The heirs of a
decedent shall inherit in the following order:
(a) Sharers (ashab-ul-furud) shall be entitled to fixed
shares;
(b) Residuaries (ashab-ul-mirath) shall be entitled to the
residue;
(c) In the absence of the foregoing, the distant kindred
(dhaw-ul-arham) who are blood relatives but are neither
sharers nor residuaries; and
(a) The daughter’s children and the children of the
son’s daughter and their descendants;
(b) The excluded grandfather and the excluded
grandmother;
(c) The sister’s children, the brother’s daughters,
the sons of the uterine brother, and their
descendants; and
(d) The paternal aunts, the uterine uncles and the
maternal aunts and uncles.
d. Acknowledged Kinsman, universal legatee,
bayt ul-mal

17th Series Shari’ah Training

Compiled Notes
R.I.H.
 Husband is not entitled to Radh, hence only
After Mirath or ascertaining the inheritance: follow entitled to ½.
this rules: Distant Kindred Descendants will exclude
collateral, hence UPA, FPU.FMA is excluded.
Exclusion of Heirs Based on strength, the 3 consanguine
Cannot be excluded EVER- W/H,F,M,D,S daughter and husband will inherit.
Resduary in their own right (Asaba bin nafs) Thus, Husband ½
Rule: 3CBD= ½ divide by 3
1. Identify the heirs. (use kuntings reviewer),
Disqualify A. Ascending, Descending, Collateral,
2. Exclusion- (use Atty.Apions reviewer)If there are Diagonal
sharers (12) and residuaries (3 kinds), (aside
from H and W) distant kindred will be Ascending Line
automatically removed. False GM-
3. Assign the shares in this order: True GF- FF, FFF (however distant in degree)
Spouse, Female shares, then R(residue/baqi) D. True grandfather who inherits
4. Compute and apportion the inheritance to the True GM-
heirs. E. MM, MMM, FM,FMM,FFM.FFFM
F. At any possible time, there are only 3 true GM
Rules on Exclusion: *(from Atty. Apions Reviewer)
1. No RAR ascendant, sharer, residuary can Question: Is it possible that false GM/GF can be heirs:
exclude descendat sharer/ residuary and vice- Answer:
versa G. Yes, in instances when they are Distant
2. No female heir can exclude a male heir. (heir Kindred. If there are no sharers/ residuaries.
here refers to sharer and residuary heir)
3. Female ascendants cannot exclude UB/US. Descending Line
4. D & SD do not exclude FS & CS because the • Only Daughter and Son are descending
latter become RTA.
5. When the maximum female share of 2/3 is B. Degree (1, 2, 3
exhausted, the SD or CS is excluded. (BASED • Count the distance or degree of relationship from
ON faraid in the ff. order) the decdent.
D 1/2,SD1/6 (hdd),FS,CS • The nearer degree excludes the fartherb one.
6. The GF does not exclude the FB/CB or FS/CS
accdg to the Jamhur School of Thought. Collateral Line
7. The Son’s son excludes the son’s daughter who • Begin by looking at the parents
is more remote in degree to the descendant,
except if the son’s son is a lucky brother, in which Full Brother (FB)- Residuary, another term is GERMANE
case the son’s daughter however distant in brother
degree is made RAR. FBS- Res
8. The RTA full sister excludes CS or CB &those Full Sister (FS)- Sharer
residuary whom the latter can exclude likewise In distant Kindred, priority is on descending line.
the RTA (CS excludes CBS and those whom the
latter can exclude because as RTA’s, the sisters Question: Who are Sharers in 2nd degree Descending
are like their brothers in terms of strength. Line?
Answer:
CONCEPT: SS,SD (Sharer)
Direction: Ascending, Descending, Collateral, SSS (residuary, However distant)going down….
Diagonal(uncles, anti)
In the direction, dexcending is the priority. Q: Can DD be an heir?
Degree: 1, 2, 3 (distance) A: If there are no sharer, residuary and that she is a
Priority is the 1 degree distant Kindred.
Strength: Full, consanguine (Fathers side/paternal),
Uterine(mothers side, maternal) C. Strength
Priority is Full, con, Ut, I that order • Full or germane
• Consaguine (Half)- fathers side
• Uterine- mothers side, maternal
Question: 2015 bar
A wife died leaving her husband, foster mother, Consanguine brother
adopted son, uterine paternal uncle, full maternal
uncle, full paternal aunt, 2 uterine brothers’s son, 3
consanguine brother’s daughters. Assign the shares Question: How is CSD is DK?
to those who can inherit.
Answer:
17th Series Shari’ah Training
Compiled Notes
R.I.H.
A: If they are not sharer and residuary, automatic RAR (with FB, no S/SS or F)
they are DK. RTA (with D/SD hdd, no asc and desc
Uterine Brother/Sister residuary)
• Uncles/Anti 10 CS ½ (If alone, no FS, D/SD, and no F,S,SS
(hdd); BY 2
FPU- Residuary S/SS,F)
OR MORE
FPUS- Residuary 2/3(if 2 or more, no FS,D/SD,and no S/ fs OR A fs
SS or F) (RTA)
Consanguine Brothers/Sisters 1/6 (With 1 FS, No D/SD, No S/SS,F) Except
• CPU- Residuary RAR (with CB, no S/SS or F) when RAR)

CPUS- Residuary RTA (with D/SD hdd, no asc and desc

residuary)
11 UB 1/6 ( If alone, no male asc &no desc Mmale asc
sh or res &
sh/res)
desc sh or
12 US 1/3 (IF 2 OR MORE, NO MALE ASC res)
&NO DESC SH/RES)

Remember:
• If mother is an Umaryatan case, the denominator
is1/ 4, husband 1/6,
• Always remember who died or who is the
decedent
V. HEIR CLASSIFICATION AND RESPECTIVE • The “situation” in Atty. Apions reviewer pertais to
SHARES the decedent/who died.
• Take note how the examiner questions
A. Sharers (12, 5 Untouchables) *FROM MAAM EYSH If the question calls for “settlement” settle”, give
NOTES AND ATTY.APION the final share already.
• If the FS, FB exceeds or exceeds the balanced
No. Shar Fixed Situation Who share choose 1/3 of the E to be given to GF.
er Share referring to can • If less than the balanced share, divide.
X(decedent) exclude Balanced share: GF, 4FS
(can be GF, 2FS
exclude GF, 4FB, 2FS
by
whom) Q.1 Husband Died, living W, F, M
1 H ½ (no child/son’s child hdd) NONE
12
¼ (with child/son’s child) W 1/4 1/4 3W 1/4÷3/1=1/4X1/3=1/12 (EACH 1/12
2 W ¼ (no S /son’s child hdd) NONE WIFE
1/8 ¼ (with child/son’s child) M ¾ ÷ 3/1= 1/4 M 1/4 3/12
F (2 ¾ X 1/3= 2/4 F 2/4 6/12
3. F 1/6 (with S/SS hdd) None
HEADS) 3/12 OR
1/6 +R (no S but with D or SD) ¼ EACH
R (No S/SS,No D or SD) SHARE
2/3 of R (Umaryatan) RES 3/4
4 M 1/6 (with child/son’s child hdd or 2 or None
more bro/sis)
1/3(no child/son’s child or with only 1
X-W ¼ (if there are 3 wives, divide the ¼ into 3)
bro/sis/or nonr) So : ¼ divide by 3/1 = ¼ X 1/3 = 1/12
1/3 + R (Umaryatan)
* The 3W will get ¼ share to be divided equally or 1/12
5 GF ¼ (No F, with S/SS) father
1/6 +R (No F/SS hdd, FB/FS, CB/S but
each wife.
with D or SD hdd) * Each W will inherit 1/12
ROR (No F/SS hdd, FB/FS, CB/S, D or
SD hdd)
-M ¼ (Residue)( if there’s 3W, 3/12)
÷or 1/3 of R (only FB/FS, CB/CS -F 2/4 (Residue)(6/12 if theres 3W)
present)
÷or 1/3 of R or 1/6 of E (with FB/FS,
*the share of M, F won’t matter or change even if there
CB/CS + other heirs) are 3W.
6 GM 1/6 (No M) Mother &
by F if FM
or FFM Q.2 Wife died, survived by H, D, S
7 D ½ (If alone, no S) None

2/3(if 2 or more, no S)
RAR(2:1 with S) H 1/4 1/4
8 SD ½ (If alone, no D) S & 2 or
S(2 RAR 2/4
more D
2/3(if 2 or more, no D, no SS) except if HEADS) ¾ ÷ 3/1=
1/6 (WITH 1D) she
RAR (2:1 WITH SS) becomes
D ¾X ¼
(RAR) 1/3=¼
9 FS ½ (If alone, no D/SD and no S/SS of F, S, SS (D)
(hdd)
F/GF) RES 3/4 4/4 balanced
2/3(if 2 or more, no D/SD,and no S/ SS
or F/GF)

17th Series Shari’ah Training

Compiled Notes
R.I.H.
X(w)- H (won,t matter even he has many wives, the wives
wont inherit because they are not blood related to the GF 1/3 2/6
decedent) FB (2 RAR 2/6
HEADS) 2/3÷4/1= 2/3X
Q.3 Husband died, survide by 3 wives, S, D, SD 2FS ¼= 1/6 (FS)
1/6
RES 2/3
3W 1/8 3/24 1/24 EACH W
- Divide by 1/3 R/ 1/6 E
D RAR 7/24
7/8÷3/1=7/8X1/3=7/24
S(2 (D) 14/24 7/24 EACH S Remember Again:
HEADS) • If the FS, FB exceeds or exceeds the balanced
SD EX BY S share choose 1/3 of the E to be given to GF.
RES 7/8 24/24 BALANCED • If less than the balanced share, divide.
Balanced share: GF, 4FS
X- W1,W2,W3= 1/8 GF, 2FS
GF, 1FB, 2FS

Grandmother
W,GM,MM,FM
12
W 1/4 3/12
GM 1/6 2/12
MM 1/12 1/12
FM 1/12 1/12
Grandfather
Has 5 possiible shares.
He is the special case no.2
GF is excluded by F
GF has 3 possible shares (Same as the share of the F) Daughter
1. 1/6= No F, but with SS • 3 situations: ½, 2/3, RAR
2. 1/6+R
3. R Q.A. Daughter is alone with Wife
Q.A SURVIVED BY GF,S, D W 1/2
18 D 1/2
GF 1/6 3/18
S (2 RAR 10/18 OR Q.B. D 2 or more and no son
HEADS) 5/6 ÷ 3/1= 5/6 5/18 EACH 24
X 1/3= 5/18(D) S
W 1/8 3/24
D 5/18
2D 2/3 16/24
RES 5/6 18/18 BALANCED
M 1/6 4/24

Q.B Grandfather survived by M

Q.C Together with S
24
GF 1/6 +R
W 1/8 3/24
M 1/3
M 1/6 4/24
D RAR 17/24
Q.C. Grandfather survived by no one.
S(2
- he will become the full residuary.
HEADS)
GF= Residuary
RES
W= ¼

Q. D GF with 2 FB 2:1 R 17/24 which will be divided by the s, d

GF 1/3
Question: 1991 BAR
2FB 1/3 EACH
Give the 3 general classifications of heirs and
• 1 WHOLE DIVIDE BY THE NO. OF HEADS (3 enumerate those falling under each category.
HEADS) Answer:
• However to get higher share for the GF, Secure 1. Sharers- w,h,d,, m, f, gm, gf, sd, fs, cs, ub, us
the 1/3 E already before dividing. 2. Residuaries- s, ss, however distant, f, ff hdd,
fb, cb, csbs…..et…
Q.E Grandfather , 1 FB, 2 FS
17th Series Shari’ah Training
Compiled Notes
R.I.H.
 3. Distant kindred- rar: s, d, ss, sd, fb, fs, cs, cb
Rta:
Question: 2016 BAR
Camar a muslim, died on August 14, 2014. He was
survived by his wife, FP aunt, FPU, and pregnant wife
of his FB (FBConceived child). Cann the conceived
child of the decedents brother inherit either as a male
or female? Please explain
Answer:
This is a special case of Alhamel, wherein a
conceived child if born can affect the inheritance of
other heirs.
If the conceived child is born as a male, it can inherit
as a strong residuary excluding FPU. If born as a
female, she will become a DK excluded by the FPU
and therefore cannot inherit.
W=1/8
F=1/6+R
M=1/6
D=1/2
SD=1/6
• Get the least common denominator Then
multiply.
• Divide remaining estate by total number of
shares
Question: 19967 BAR
Abdullah is a soldier in Saudi Army. He is one of
those sent to the battle field during the gulf war. The
war lasted for year. After the war nothing has been
heard of him. There is no information whether he died
in the battlefield or that he was taken as prisoner of
war. Five years had elapsed and there was still no
information about the whereabouts of Abdullah. He
left a property worth SR240k Saudi Riyals. He is
survived by his father, wife, 2 daughters and 2 full
brothers and five full sisters. A petition was filed by
one of the heirs before the Shari’ah Court to declare
Abdullah dead for the purpose of setting his estate.

A. If you were the judge what will be your

Question: 1993 BAR decision? What is the status of Abdullah?
Musa died leaving a gross estate worth 740k. At the B. Settle the estate
time of his death, he was survived by the ff relatives:
1. Wife, 2. Father, 3. Father’s father, 4. Mother, 5. Answer:
Mother’s mother, 6, daughter, 7, son’s daughter, 8. A. Abdullah is presumptively dead and
Full sister, 9. Consanguine sister, 11. US, 11. UB and succession proceeding may be initiated.
12. Adopted son. During his lifetime he borrowed 20k B. The Estate will be settled as follows:
from the Philippine Ammanah Bank which was not Total estate 240,000
paid. He also made a will of 20k in favor of a friend. W=1/8 3/24 30,000
His unpaid taxs amounted to 10k and 15k for his F= 1/6 +R 4/24 40,000 +10,000
funeral epenses. 2d=2/3 16/24 160,000/2=80k
a. Who are entitled to inherit? Give the basis of
their inheritance.
b. Who are not entitled to inherit? Give the basis
or reason wht they cannot inherit.
c. Compute and give the shares of those entitled
to nherit in termdof Philippine money.
OR:
Answer: PERSHARE/10,000
Rule: Get he Mirath,add all expenses, and deduct it to 24(divi 24 240,000 (divide by the
the Estate. de by Total Share “24” in the 3rd
the Column to get 10,000)
A. W,F,M,D,SD- entitled to inherit because they debonim
are sharers ator x
numerat
B. FF,MM,FS,CS,UB,US,AS- they are or in the
disqualified, excluded by law. And by the left
presence of the sharers. column)

C. Divide and distribute W 1/8 3 3 30,000

F 1/6+R 4 +R 4+1 5 50,000
24 2D 2/3 16 16 160,000/2=80,000
W 1/8 3/24 EACH
F 1/6 +R 4/24 12/24 tota 23 X
+8/24 l
M 1/6 4/24 REMEMBER:
D 1/2 12/24 • solve in the scratch first, then rewrite in the
SD 1/6 4/24 booklet.
16/24 • Base the computation on the shares
RES 8/24
Total 23/24
th
17 Series Shari’ah Training
Compiled Notes
R.I.H.
Residue 1 (give to Father) UB EX BY
2FB= excluded because the father is there F
5FS=excluded because the father is there Total
RESIDUE
B.Residuary Heirs (3 types, 1 Untouchable) • Don’t solve using normal way, this is
*FROM MAAM EYSH NOTES
Umaryatan case(H,M,F) (W,M,F)
• Husband- 6 denominator
ROR(residuary in RAR(Residuary RTA(Residu
own Right) in another’s ary together • Wife- 4 denominator
right) with
Another b. W, M, F (UMARYATAN 2)
1. S,SS,SSS, hdd -D (SS) -FS(D;SD) NOR 6 Umaryatan 4
2. F,FF,FFF hdd -SD(SS) -CS(D;SD) MAL
3. FB,CB,FBS, - FS(FB) (disre
CBS *FS BECIOMES
4. FPU,CPU,FPUS, CS(CB LIKE FB,CS gard )
CPUS BECOMES W SH. 1/4 3/6 1/4 1
LIKE CB
U
Sum: (4 directions( Sum: 4 pairs Sum; M SH. 1/3 2/6 ¾ ÷ 3/1= 1
FB,CB,FBS,CBS,FPU,CPU,FPU D(SS),SD(SS),FS(Fb) FS like FB) takes
S,CPUS CS(CB the res., excludes U 3/4x
CB
F R.U 1/6 1/6 1/3=1/4 2
+R

2. Addinariyah as sugrah; al kubra; tis-iniyah

(90 for X-M,GF,FS,2CB,1CS)

3. Yatimatan
(X- H, FS OF X -H,CS) HALF HALF -SILA
C. Distant Kindred *FROM MAAM EYSH NOTES
4. Himariyah/Hajariyah/Yarniya
(X- H,M, 2UB, FB)
1. D’s Children and SD,s CVhildred
• Atleast 2 UUB will make FB share with UB/US
2. False GM and DF
3. F/CS children,F/CB daughters, UB’s son and • In counting of heads, you count 2 heads for male
their des. when he survived together with females only, if
4. Paternal Aunts, Uterine Uncles, Maternal all are males, they are counted a s 1 head only.
Uncles &aunts Sample from kah dayang Nur-Ainee
540,000 Estate/18= 30k/share
Sum: Similarity to ROR’s direction
6 18
H 1/2 3/6 918 270k
M 1/6 1/6 3/18 90k
VI. SPECIAL CASES 2UB 2/6 ÷3/1= 418 4/18 120k(60k
2/6x13=2/18 (2/18 each)
1. Umaryatan per
UB)
a. H,M,MF,FF,F,FB,KS,DS,UB FB 2/18 2/18 60k
(UMARYATAN 1) TOTAL 4/6 270k balanced
NORMAL 6 Umaryatan 6
(disregarr RES 2/6
d this) • UB AND FB WILL SHARE EQUALLY IN
H SH.U 1/2 3/ 1/2 3 RESIDUE.
6
M SH.U 1/3 2/ 1/3 (1/2 R) 1 5. Blessed Brother
6 (X-SS with SD, CB with CS)
F R.U 1/6 +R 1/ 2/3 (1/2 R) 2
6 6. Unlucky Brother *NOTES FROM SIS FATIMA
M DK(FA 12 13
H ¼ 3/12 3/13
F LSE F 1/6 2/12 2/13
gm) M 1/6 2/12 2/13
FF EX BY D 1/2 6/12 2/13
F SD RAR R X
SS
FB EX BY 13/12
F • SS is an unlucky brother
KS DQ • No r for SD and SS,
• because of SS, no Sh. For SD
DS DK • w/o SS, sd would have received 1/6 complimentray share.

17th Series Shari’ah Training

Compiled Notes
R.I.H.
 • That’s why SS is unlucky brother because he brings badlick to IF MORE THAN THE BALANCED:
Sd..hehe
GF, 3FB= SECURE 1/3 TO GF IMMEDIATELY,
COMPUTETHE REMAINDER 2/3 TO BE GVEN
7. Grandfather
TO THE 3FB
(balanced key: GF +2FB)
= (2/3 divide by 3/1= 2/3 x 1/3= 2/9)
GF with 2 FB
IF BELOW THE BALANCED:
GF 1/3 c. GF, 1FB= ½ EACH, DIVIDE THE ESTATE
2FB 1/3 EACH AMONG THEM EQUALLY (DIVIDE INTO 2
• 1 WHOLE DIVIDE BY THE NO. OF HEADS (3 HEADS
HEADS) d. GF, FS= 2/3 TO GF, 1/3 TO FS
• However to get higher share for the GF, Secure
the 1/3 E already before dividing. SAMPLE cases
e. W,GF.FB
8. Akdariya 8
(X- H,M,GF, & FS)- GF AND FS 2:1) W 1/4 2/8
GF ½ OF ¾ RES. 3/8
Case 1 Case 2 FB 3/8
Only FB/FS is present FB/FS with other heirs RES 3/4
Div of estate or 1/3 Division of R IF GF AND FB IS TOGETEHR WITH OTHER
GF, 2 FB 1/3 of R HEIRS, DIVIDE THE RES. WITH GF AND FB.
GF,4FS 1/6 of entire estate
GF,1FB,2FS f. W,2D,GF,2FB
24 48
Remember Again: W 1/8 3/24 6/48
• If the FS, FB exceeds or exceeds the balanced 2D 2/3 16/24 32/48
share choose 1/3 of the E to be given to GF. GF 1/6 4/24 8/48
• If less than the balanced share, divide. 2FB R 1/24(not 2/48
Balanced share: GF, 4FS enough,
GF, 2FS increase
GF, 4FB, 2FS deno.)
2 SOLUTION: RES 1/24
A. DIVIDE THE ESTATE INTO 3 = 5/24(1/3)=5/72
B. GIVE 1/3 TO GF If there is SS, collateral is excluded.
Balanced share/key:
(GF + 2FB) divide the estate by 3heads, 1/3 9. Vested Interesy v Simultaneous Death
SHARE EACH • Need to identify and determine the relationship
GF 1/1 div by 3/1(3 1/3 with all the heirs)
2FB heads)= 1/1 x 2/3 or 1/3 • In vested interest, identify the relatiionship of the
1/3=1/3 each each fb 1st decedent +heirs to the 2nd decedent +heirs
share - The estate of the 2nd decedent will be that
which he received from the 1st decedent
GF 2/6, 4FS 1/6 EACH • On simultaneous death, the decedents cannot
6 inherit from each other. Compute separately.
GF 1/3 2/6
4FS (4 2/3 ÷4/1= 1/6 each Simultaneous Death (Special Case)
heads) 2/3 x FS Death at exactly the same time
¼=1/6 • In this case the decedents cannot inherit from
(FS) each other.
A. W,S,D
80,000 ESTATE
GF 2/6, FB 2/6, 2 FS 1/6 EACH 8
6 W 1/8 1 10,000
GF 1/3 2/6 D 1/2 4 40,000
2FS 2/3 ÷4/1= 1/6 SS R 3 30,000
FB 2/3 x 2/6 B. W(M), S
2/heads) ¼=1/6(FS) 240,000 ESTATE
24
W (M) 1/6 4/24 40,000
S 1/8 3/24 30,000
Remember Again: R 17 170,000

17th Series Shari’ah Training

Compiled Notes
R.I.H.
 Copy the numerator (27)in column 4 as the
new denominator in column 5
10. Mubahila (Al-awl)- increase in divisor
Valid Aul/awl:
AUL Divisor Increase to
6 awl only upto 7/6,8/6,9/6,10/6 6 7,8,9,10
12 awl is 13/12,15/12,17/12 12 13,15,17
24 awl is 27/24 24 27 only

Sample Aul Case: Mubahila

1. H, FS=1/2 EACH VII. RESIDUE OR RADD
*H,FS,CS (VALID CASE OF AL AUL)
6 • Spouse is not entitled unless related (if spouse is
H 1/2 3/6 3/7 related to decedent, this dual relationship may
FS 1/2 3/6 3/7 cause double inheritance.
CS 1/6 1/6 1/7
7/6 SAMPLE: DOUBLE INHERITANCE BECAUSE OF
USE NUM AS THE NEW DENOMINATOR. DUAL RELATIONSHIP
X MARRIED TO H (FPUS)
2. H, M, 5D 4
12 13 H (FPUS) 1/4 ¼+R 2/4
H 1/4 3/12 3/13 D 1/2 2/4 2/4
M 1/6 2/12 2/13 TOTAL 3/4
5D 2/3 8/12 8/13 RES ¼
TOTAL 13/12 a. Is there a RAdd? No because there is residuary
AL AWL MORE THAN (FPUS) hence the residue of ¼ will go to H
1 (FPUS
• CHANGE THE NUMERATOR TO Questions to ask:
DENOMINATOR • Is there a spouse?
• DECREASE IN SHARE • Isthere a Radd?
• Is there a residuary?
Points to remember:
• After the fixed shares the total sum of shares is
less than/decreased, therefore the share of each
11. Shuraihiliyah/ Ummul Farukh increase of 6 to heir increased.
10 • No residuary heir(Asaba)
H, 2FS,2UB • How to distribute the residue?copy the numerator
250,000 ESTATE in total and it becomes your denominator
6 • Wife is not entitled to the radd, her share remains
H 1/2 3/6 3/9 the same.
2FS 2/3 4/6 2/9 • 2 conditions to consider:
2UB 1/3 2/6 2/9 1. If there is spouse
TOTAL 9/6 2. If no spouse
AL AWL MORE OF 2 • Only in Radd there is step 1, 2, 3..
• CHANGE THE NUMERATOR TO Sample:
DENOMINATOR. 1ST = INVALID BECAUSE THERE IS A SPOUSE, NO
• IF IT IS NOT DIVISIBLE, TO GET EACH RADD IF THERE IS SPOUSE
SHARE, DIVIDE THE TOTAL ESTATE BY THE 12 24
NEW NUMERATOR W 1/4 3/12 6/24
250/9= 27,777 2GM 1/6 2/12 4/24
• 27,777 /share MULTIPLY BY NEW 2US 1/3 4/12 8/24
NUMERATOR to get amount of share each TOTAL 9/12
• Is there Radd? No, because Wife is present.
12. Mimbariyah- increase of 24 to 27 • Proceed to 2nd table below, solve as if W is not
W,M,F,2D present
24 27 2ND
W SH.U 1/8 3/24 3/27 6
M SH.U 1/6 4/24 4/27 2GM 1/6 1/6 1/3
2US 1/3 2/6 2/3
F R.U 1/6 +R 4/24 +R 4/27 TOTAL 3/6 3/3 balanced
2D 2/3 16/24 16/27 • Isthere a radd? Yes
Al awl 27/24

17th Series Shari’ah Training

Compiled Notes
R.I.H.
 • Use the Numerator (3) as the new denominator in 5D 7/8 35/40
column 4. Or
• Proceed to 3rd table below 7/40 each D
3RD TOTAL
12 24 RES. 7/8 (res.give to 1 kind of heir)
W 1/4 3/12 6/24
2GM 1/3 OF 3/4 3/12 6/24 OR • In husbands case if ½, res, is ½, if ¼, res is ¾ .
3/24 EACH • In wife case ¼ res is ¾, 1/8 res is 7/8.
2US 2/3 OF 3/4 6/12 12/24 OR
6/24 EACH
RES 3/4 24/24 BALANCED
H, 5D
20
W=1/4= 3/12= 6/24 H 1/4 5/20
RESIDUE ¾
GET THEIR SHARE FROM 2ND COMPUTAON 5D 3/4 15/20
2GM=1/3 (3/4)=3/12(SINCE IT IS NOT DIVISBLE, MUTIPLY BY 2)= 6/24 OR 3/24 Or
EACH
2US=2/3 (3/4)= 6/12= 12/24 OR 6/24 EACH 3/20 each D
Always watch out for the Spouse in Radd, if there is a spoouse, there is no Radd. TOTAL
RES. 3/4 (res.give to 1 kind of
Points to remember AGAIN:
heir)
Q: IS RADD APPLICABLE IF ALL ARE
SHARERS:
A:yes since nobody will get the residuary
d. WITH SPOUSE, MORE THAN 1 KIND OF HEIR
• Usually heirs are female Situation A: W, M, 5D
• There is increase in share in Radd. 24
• H&W not entitled to Radd. W 1/8 3/24
• Determine the relationship to the decedent. M 1/6 4/24
• There is no Residuary heir in Radd. 5D 2/3 16/24
TOTAL 23/24
Situations: * from maam Eysh Notes RES. 1/24
No Spouse With Spouse
• Don’t assign the res. Immediately.
1 kind of heir
• Solve as if wife not present in situation b below.
Divide among 1 kind of Residue ® from spouse
Situation b:
heir to be divided among 1
M 1/6 1/6 1/5
kind of heir
5D 2/3 4/6 4/5
More than 1 kind of heir
TOTAL 5/6
Assign shares in Residue ® from spouse
RES. 1/6
proportion to the kinds of to be divided in
heir proportion to thekinds of • Now you have the share of M, and 5d, put it in
heirs table in situation c below.
Situation c
Sample case for the situations presented: • Put the share of mother from sit.a

a. NO SPOUSE, 1 KIND OF HEIR W 1/8 1/8 5/40

DIVIDE EQUALLY M 7/8 1/5( from 7/40
2D,S (RAR, 2:1) UNTHAYAYIN sit.b)
multiply by
2D 1/1 7/8
S DIV 5D 4/5(from 28/40
.4/1 sit.b)
4d(for multiply by
Ex.sake) 7/8
b. NO SPOUSE, MORE THAN 1 KIND OF HEIR
M,2D 7/40 each d
6 25 TOTAL
M 1/6 1/6 1/5 5/25 RES.
2D 2/3 4/6 4/5 4/25
TOTAL 5/6 Sample Radd cases:
RES. 1/6 1. 2D,2SD,2SS (RAR)
12
• NUMERATOR IN Total (5) becomes the new
2D 2/3 8/12
denominator in column 4.
2SD 1/3 DIV 4 1/12
c. WITH SPOUSE, 1 KIND OF HEIR SS (IN HEADS=1/3X14=1/12 2/12
W, 5D THE each D
ABSENCE
40
W 1/8 5/40
17th Series Shari’ah Training
Compiled Notes
R.I.H.
 OF S, HE AS DQ DQ
IS RAR)
• In RAR, always divide it by the number of heads. RED= EXCLUDED,
SH.U= SHARER UNTOUCHABLE,
R.U= RESIDUARY UNTOUCHABLE
2. 2D,SS (ROR) 12
H SH.U 1/4 3/12
2D 2/3 2S R.U RAR 4/12
SS (ROR) 1/3 F SH.U 1/6 2/12
• Give the residue. 3D R RAR 3/12
RESIDUE 7/12
3. 2D,FS,CB (RTA)
2. H,F, M,S,SS
2D 2/3 Estate 12M
12 12m
FS 1/3 H SH.U 1/4 3/12 3m
CB Ex by F SH.U 1/6 2/12 2m
FS M SH.U 1/6 2/12 2m
S R.U ROR 5/12 5m
• In RTA, FS acts as FB and excludes the CB. SS EX BY
• Same with CS acts as CB and excludes the FB S
• 2D, CS AND CB=ALREADY AN RAR DS DK
UPU DK
AS DQ
FF EX BY
RADD CASE: F
SITUATION A FM EX BY
M
H, D, SD Total 7/12
12 RESIDUE 5/12
H 1/4 3/12 3/16 SH.U= SHARER UNTOUCHABLE,
R.U= RESIDUARY UNTOUCHABLE
D ½ (3/4) 6/12
S 1/6 (3/4 2/12 3. H,F, M,2S,D
RES RADD 11/12 12 12m
H SH.U 1/4 3/12 3m
SITUATION B F SH.U 1/6 2/12 2m
M SH.U 1/6 2/12 2m
SOLVE AS IF H IS NOT PRESENT 2S R.U RAR 5/12 4/2=2 EACH
6 D R.u\U RAR 1M
D 1/2 3/6 ¾ (3/4) 9/16 Total 7/12
RESIDUE 5/12
S 1/6 1/6 ¼ (3/4) 3/16
RES RADD 4/6 • 5/12 DIVIDE BY 5/1= 5/12 TIMES 1/5= 1/12
• USE 4/6 and assign 4 as the new denominator.
• MULTIPLY BY ¾ 4. W,3S,2D
ESTATE 32 M
64 32M
SITUATION C W SH.U 1/8 1/8 8/64 4M
• GET THE SHARE OF H IN SITUATION A. 3S R.U RAR 7/8 14/64 14M
• GET THE FINAL SHARE OF D AND S IN EACH EACH S
SITUATION B. S
16 2D R.u\U RAR 7/64
H 1/4 4/16 EACH
D 9/16 9/16 D
S 3/16 3/16 Total
12/12
• 7/8 DIVIDE BY 1/8= 7/8 MULTIPLY BY 1/8=
SOLVE SOME CASES: 7/64

1. H, S, F, FB,DS,AS, VIII- AL-KHUNTHA (HERMAPHRODITE) AND

Ex: 12,000,000 SHARES AL-HAMIL (CONCEIVED CHILD special
12 case
H SH.U 1/4 3/12
S R.U ROR Al-khuntha (hermaphrodite)Individual with both sex
F SH.U 1/6 2/12 organs.
FB R EX.BY • If a person resembles male, he inherits as a
S male.
DS DK DK • If resembles female, she inherits as female.
17th Series Shari’ah Training
Compiled Notes
R.I.H.
 Alive already, gender undtermine biologically 2S (4 14/40 56/160 56+14(reserved
“kung saan lumalabas ang ihi, yun ang heads) share if cC is
magdetermine” daughter)= 70
• Share takes effect when gender is determined. D(1 heads) 7/40 28/160 28+7(reserved
share if cC is
AL-hamil (Conceived child Conceived child) daughter)=35
• As a general rule, an unborn child can inherit only cC (give the 35/160 35/160 b. If cC is S
if it is completely born alive, however briefly. female 35+21=56
• Share takes effect if born alive. share) total Sh.
• Both concept in Alkhutha and al-hamel are c. If cC is D,
the same. not entiled
Formula: to the21
a. Compute as male reserved
b. Compute as female d. reserved be
c. Subtract Male share (a)- Female share(b)= given to
reserved share existing
d. Distribute heirs S(2
heads) and
Use table in step a for distribution D (1 head)
W,2s,d w,s,2d e. so 21/3=7,
then add to
SAMPLE al-hamil: W,S,D,cC the shares
Step A. Compute as male of S,D
40 H. s=14 (sh)
W 1/8 5/40 I. d=7 (sh)
2S (4 heads) RAR (R div 5/1) 14/40 RESERVED 21/160 21/160 Will only be given
D (1 head) 7/8 div 5/1 7/40 upon birth
7/8 x 1/5= 7/40 balanced 160/160
cC
(d sh.)
14/40(s sh.) • use the share of W, S and D in Step A
RES 7/8 • USE DENOMINATOR IN STEP C
• In counting Heads, Son if together with D,
counted as 2, so 2S, 1 D Points to remember AGAIN AGAIN:
• Qur-anic shares will only take effect upon the
Step B. Compute as female death of the person (decedent).
32 • Always remember that residuaries are only
W 1/8 4/32 MALE.
S( 2 RAR (R div 14/32 • Son, Father excludes collateral relatives
heads) 5/1) • Always put spouse first in listing followed by
2D(2 7/8 div 4/1 7/32 daughter, then residuary
heads) 7/8 x 1/4= • Steps to remember in Ordinary case:
cC 7/32 (d sh.) -Identify
14/32(s sh.) -DQ
RES 7/8 -Exclude
-Assign female shares
Step C. Subtract Male share (a)- Female share(b)= -Distribute residuary
reserved share
160 Vested Interests (special case)
MALE 14/40 56/160 Before distribution, the heirs has already interest
SHARE in the estate.
(STEP A) Say for instance when the cC dies, his M, S, B
FEMALE 7/32 35/160 has a vested interest in his share in the estate.
(STEP B)
56-35=21
RESERVED 21/160
SOLVE sample case:
SH.
A. W, 2D, 2SD,DS,As,FBD
Step D. Distribute/Assign share
WITH SPOUSE, 1 KIND OF HEIR (RADD
160 CASE)
W 1/8 20/160 radd 16
W 1/8 1/8 2/16

17th Series Shari’ah Training

Compiled Notes
R.I.H.
 2D 2/3 7/8 DIV 2/1= 7/8 7/16 B. Each wives inherits 10 M, tha father’s father
(DON’T 7/8 X ½=7/16 inherits 20m and the full brothers inherits
ASSIGN 20m or 10m each.
ANYMORE
2SD EX BY 2D 80 M
DS DK 2W ¼ (NO DEC.) ¼ 20M (10M
aS DQ EACH)
FBD DK FF (GF) ¾ (DIV. BY 3 ¼ 20M
2FB HEADS) 2/4 40M (20M
B. W,2D,SS,2SD (1/4 EACH)
COMPUTE USING NORMAL WAY BECAUSE EACH
THERE IS RESIDUARY (SS) fb)
24 4(NO.OF 96 MF False GF
HEADS) because there
W 1/8 3/24 12 12/96 is already an
2D 2/3 16/24 64 64/96( intervening
32/96 mother9female
EACH ascendant,
D) hence cannot
SS RAR 5/24 20 10/96 inherit
(COUNTED (EACH 2FPU Excluded by
AS 2 SON) FF
HEADS)
2SD (2 RAR 5/96 • This is a blanced key Akhdariya case.
HEADS) (EACH It is an akdariya case when there is a gf and a
SD) fb/fs in the case.
RES 5/24 • Solution/table which you can make in your
(LOOK AT scratch paper.
SOLUTION
BELOW) II- 3 fundamental sources of Islamic Inheritance.
= 5/24 DIV 4/1(NO.OF HEADS)= 5/24 Example of Specific inheritance shares from the sources
5/24 X ¼= 5/96 Ans: The fundamental sources of inheritance
law are:
1. The Qur-an- which states in Surah Annisa
Points to Remember: Chapter 4 verse 11 that a male portion is
Tawafuq case- multiply the no. of heads, highest equal to twice that of female or the legal
to lowest then multiply by the denominator. principle unthayayn.
2. Ahadith that includes the principle that a non
muslim cannot inherit …….and the rule in
True GF= FF bequest to an heir.
NO INTERVENING FEMALE ASCENDANT 3. Ijma or consensus of the scholars of decided
cases such as the Umaryatan case where
TRUE GM= MM AND FM only the spouse, mother, and father survice
together.

III- Survivors: 2W, 4S,FPU, DS, MF, SS, SD, 3FB

a. Heirs who are ex or dq
b. Assign the shares of who are entitled to inherit

BAR QUESTIONS 2016: Ans:

A. There are no disqualified eirs, and the
excluded heirs include;
I. SCENARIO: 80M-net estate The distant kindred in the presence of
Survivors- 2W, 2 FPU, FF, MF,2FB shrers and residuary, mother’s father,
a. Who can inherit? daughter,s son and daughter’s
b. Distribute therespective shares. daughter.
A. Those who are entitled to inherit from Jamil The full paternal uncle, 3 full brothers,
are his 2 wives, father’s father and 2 full son’s son and son’s daughter are
brothers; which makes this an Akdariya case. excluded by son
B. Each wife inherits 7/32 and each son
inherits 7/32.
17th Series Shari’ah Training
Compiled Notes
R.I.H.
 32 Islamic Law of Inheritance, he cannot
2W 1/8 4/32 7/32 Each w inherit as stated in Art. 93 (c) of PD1083.
4S 7/8 div by 7/32 Each s
4/1(no. of
heads)=7/8 x XV- Defiition of Trie grandfather and a true grandother,
¼= 7/32 identify atleast one heir for each of them.
3FB EX
FPU EX Ans: The true grandfather (a-jadd al sahih) is
DS EX a male ascendant between whom and the decedent
SS EX BY S no feale intervenes. (FF,HDD)
DD EX The true grandmother is a female ascendant
SD EX BY S between whom and the decedent no false gradfather
intrvees.
IV- Disqualified heir vs excluded heir The false grandfather is a male ascendant
Clue: Art.93 and Art.123 between who and the decedet a female intervenes.
The false grandmother is a female ascendant
Ans: Yes, there is a significant difference between whom and the decedent a false grandfather
between a disqualified heir, and and excluded heir. intervenes.
A disqualified heir cannot inherit at all. It is as
if they do not exist, and hence, do not affect the
rights of other heirs t all. XVI- Survivors: M,GF,MU,FB,4FS
While, an excluded heir is only excluded by a. Are all surviving relatives entitled to inherit
other heirs who are stronger in blood relationship to from him?
the decedent. b. What are the respective share of those who
are qualified to inherit from pedro?
V- Ans:
54
VI- Kinds of residuaries mentioned in PD 1083, name M 1/6 3/18 9/54
atleast 2 heirs belonging to each class of residuaries. GF 1/3(5/6= 5/18 15/54
FB 2/3 (5/6)=10/18 10/54
Ans: The three kinds of residuaries are 4FS DIV 6/1=10/18 X 5/54
1. Residuary in own right (asaba bin nafs) 1/6= 5/54
including the son, son’s son, however distant MU DK
in degree, the father, father’s….(enumerate RES 5/6
further)
2. Residuary in anothers right (asaba lil ghayri) A. No, being a distant kindred, Pedro’s maternal
including….(enumerate) uncle is excluded from the inheritance.
3. Residuary together with another (asaba ma al B. The respective shares of the qualified heirs
ghayri) including….(enumerate) are;
The mother inherits 9/54,
VII- Dotrine of Increase (Al-aul) and Doctrine of Return The grandfather inherits 15/54,
(Radd) The Full brother inherits 15/54,
Each full sister inherits 5/54.
Ans: Al-aul is a situation where the total
number of shares is more than the whole, therefore XVII- Distant kindreds and enumerate the relatives
decreasing the share per heir. include in the category of DK under the Muslim Code.
The doctrine of Radd applies when after (Art.131,132)
allocation of share to a fixed heir, there is a residue Ans: Under article 131, 132, the distant
and no residuary, and the share returned to heir is kindred are those in default of the sharers and
called Al-Radd. residuary hall inherit the hereditary estate. They
include the daughters children, the children of son,s
daughter and their descendant. (enumerate)

XVIII- NE: 2.7M

VIII- H AND W adopted a child.
a. Will the child inherit by intestacy?
b.
Ans:
a. No, Haytham cannot inherit from Shabir
because he is situated such that under
SURVIVORS: H, M, MM, UB, GF, FS
a. Are there any of the surviving relatives who get
nothing by way of succession from her estate?
b. Partition the etate among qualified heirs, showing
your solution/formula with brief discussion is
warranted.

17th Series Shari’ah Training

Compiled Notes
R.I.H.
Ans:
18
H 1/2 3/6 9/18 1.350
M 1/3 2/6 6/18 900
GF R1/6 div 2/18 2/18 300
FS 3/1=1/6 1/18 1/18 150
x
1/3=1/18
fs
MM EX BY
M
UB

A. Yes, the MM and UB are not enttled to inherit.

B. 2.7M/18
H= 1,350,000
M= 900
GF= 300
FS=150

XIX. Formalities required by the Muslim Code for

making a will

Ans: (review in code)

1. Strictly a personal act- cannot be left to the
will of a third person
2. Clear intention, Declared orally or in writing in
the oresence of at least 2 witnesses,
competent, credible and disinterested
witness.
XX.
a. Yes,
b. Yes

TIPS IN THE SHARI’AH BAR:

1. KEEP CALM
2. EXAMINERS ARE PEOPLE WITH HEART.
3. IT IS ALLAH WHO CAN TURN PEOPLES
HERATS.
4. CONTINUE MAKING DUWAA, PRAYER, ZIKIR.
5. AIM FOR EXCELLENCE.
6. ABOVE ALL, PUT ALLAH FIRST IN
EVERYTHING WE DO..

--AMEEN--

17th Series Shari’ah Training

Compiled Notes
R.I.H.