Other Lessons

V.
EXCLUSION (2014-4b)

-Legal Process on Muslim Law on succession whereby
an heir is perfectly or imperfectly excluded due to some
causes recognized under Muslim Law.
“Surely, kinsmen of the same father and mother shall

inherit before kinsmen of the same father (Hadith)”
Difference bet. the Excluded heir and
Disqualified Heir

1) The disqualified heir cannot in any way affect the
shares of the other heirs concurring with him
because he is considered as if he did not exist.
Whereas, the excluded heir may affect the shares
of the other heirs surviving with him because he
cannot be considered as if he did not exist.
(Alauya, 3rd Edition)
Rules on Exclusion
(AL-JABARI RULE)

1) In the same line of relationship, the relative nearest
in degree excludes the more remote;
2) German (Full) relatives exclude the Consanguine;
3) Whoever is related to the decedent through any
person shall not succeed him while the latter is
living, except in the case of the mother
concurring with her children;
4) Heirs who, in particular case, do not succeed by
reason of disqualification on any ground shall
not exclude the others (Art. 123, P. D. 1083)
Exclusion
By Act By a person
(e.g. Murderer/Apostate)
 (e.g. An heir has a better right to
inheritance than the others)
Imperfect or Partial Exclusion Perfect or Total Exclusion

(Hujub Nuqsan) (Hujub Hirman)
-Exclusion from one share and an - One heir excludes the other
admission to another
Ex. Ex.
Sharers: Shares: Sharers: Excluded
1) Mother (w/o descendant/s) 1/3 by:
(w/ descendant/s) 1) Son’s Son Son
1/6 2) Grandfather Father
2)Husband (w/o descendant/s) 1/2 3) Grand Mother Mother
(w/ descendant/s)
1/4
VI. Determining the Divisor
and Distribution of
Inheritance

How to determine the
Divisor?

1. Residuary Heirs- No. of their heads (Male twice the share of
Female)
2. Sharers
a) If sharer/s have only one share, the share will be the divisor
b) If shares are muthamathilain (e.g. 3 and 3 or 2 and 2), one of
them is sufficient as the divisor
c) If they are mutabakhilan (e.g. 6 and 3 or 4 and 2), the bigger one
shall constitute as the divisor
d) If they are mutawafiqan (e.g. 6 and 4), find the LCM.
e) If they are mutabainan (e.g. 3 and 4, or 2 and 3), multiply the
whole number of one to the whole of other, the result is the
divisor.
Rules in Determining the
Divisor:

 According to the law on inheritance:
 1st Kind ( 1/2, 1/4 , 1/8 )
 2nd Kind ( 2/3, 1/3, 1/6 )
 Mixed Share of 1st kind and 2nd Kind

a) 1/2 + 2nd kind = 6
b) 1/4 + 2nd kind = 12
c) 1/8 + 2nd kind = 24
 Ex.
 1. H, UB, M, GPU
 2. W, M, 2US, GB
 3. W, D, SD, M, GB
Distribution of Inheritance
Portions
(Taqsim Al- Tarika)
1. (Method I) Determination of the value of one portion and
thereafter multiplying it with the number of the Portions that
the heirs are entitled to.
Formulae:
Net Estate = 1 portion
ROP or CROP
2. (Method II) Multiplication of the portion of each heir with the
totality of the inheritance (Net Estate) and division, thereafter,
of the result by the divisor or by its correction.
Formulae:
Net Estate X Portion/s = Net Share
ROP or CROP
Examples:

 Method I
1) The husband dies leaving his wife, daughter,

father and mother with an inheritance of
P4,800.00. How much is the portion of each heir?
2) The wife dies leaving german sister, mother,

husband and son’s daughter. The hereditary
estate is worth P3, 000.00. What is the value of the
portion of each heir?
Examples:

1) The wife dies leaving german brother, son’s
daughter, mother and husband. The inheritance is
P360,000.00. How much the portion of each heir?
2) One dies leaving a mother, a son’s daughter, 2

german sisters, a consanguine sister, and 2
consanguine brothers. The inheritance is P13,800.00.
What is the value of the portion of each heir?
VII. Doctrine of Correction
(Tashih Al- Mas’ala)

If the portions allotted to the heirs cannot
be distributed as such according to their
number (per capita), or the number of the
heirs (per capita) does not correspond with
the number of portion, resolution of the
agreement is necessary.
How to correct a problem?

1. Al Tamathul –“Exact equality of two numbers” (e. g. 4 and 4).
Rule: If Tamathul exists, one of them is sufficient to constitutes
as Juz Al Siham
Ex. 2 Juz Al Siham
ROP: 4 CROP: 8
Heirs: Shares: Portions: Corrected Portions:
2 wives 1/4 1 2
2 German Brothers Residue 3 6
4 8

2. Al Tadakhul – “Proportion or concordance of one number with
the other”
Rule: If Tadakhul exists, the bigger one is sufficient to constitutes
as Juz Al Siham (4 and 2, 8 and 16).
Ex. 4 Juz Al Siham
ROP: 8 CROP: 32
4 wives 1/8 1x4 4
Daughter 1/2 4x4 16
2 Son’s son Residue 3x4 12
8 32

3. Al Tawafuq- “Agreement of the two numbers or
composite numbers”
Rule:
If Tawafuq exists between them, in the sense that they
agree in a half or in a fourth, then such is constitutes as Juz
Al Siham (e.g 12 and 30, 6 and 8, 20 and 8).
3. Al Tawafuq

Ex. 2 Juz Al Siham
ROP: 6 CROP: 12
8 Daughters 2/3 4x2 8
Mother 1/6 1x2 2
GPU Residue 1x2 2
12
3. Al Tawafuq

Ex. 3 Juz Al Siham
ROP: 6 IROP:9 CROP: 27
Husband 1/2 3 3 9
6 German sisters 2/3 4 4 12
2 Uterine sisters 1/3 2 2 6
9 27

4. Al Tabayun- “the difference of two numbers where no third
number serves as a common divisor between them”
Rule:
If Tabayun exists between them, the whole number of one is
multiplied with the whole number of the other and the result
stands as Juz Al Siham (e.g. 4 with 7, 5 with 9).
4. Al Tabayun

Ex. 7 x 4= 28 Juz Al Siham
ROP: 24 CROP: 672
3W 1/8 3x28 84
7 Daug 2/3 16x28 448
2TGM 1/6 4x28 112
4GB Residue 1x28 28
UB Excluded __ ____
24 672
VIII. Doctrine of Increase
(A’ul)

“The increase of the total portions and the decrease of
the shares of each of the heirs”.
Article 129. Reduction of shares. If the totality of all the

shares assigned to each of the sharers exceeds the whole
inheritance, the shares shall be reduced proportionately.
Illustration:

 Caliphate of Umar
- Case of Husband and 2 German Sisters
- Zaid Bin Thabit
1 2 3 4 5 6
(A’ul)
1 2 3 4 5 6 7
Divisors In Increase (A’ul):

 Divisors that cannot be increased: 2, 3, 4 and 8
Ex. 1. H, GS 3. W, GS, GB
2. F, M 4. W, D, GS
 Divisors that can be increased:

 6 - 7, 8, 9, 10
12 - 13, 15, 17
24 - 27
Examples of the increase (A’ul)
of 6;
1.

One dies leaving the husband, the german sister and the
uterine sister. What are the shares of each?
2. One dies leaving the mother, german sister, husband and

the uterine sister. What are the shares of each?
3. One dies leaving the husband, two uterine brothers and

two german sisters. What are the shares of each?
4. One dies leaving the husband, two consanguine sisters, two

uterine sisters and the mother. What are the shares of each?
of 12;
1.

One dies leaving the wife, two german sisters and
mother. What are the shares of each?
2. One dies leaving the wife, mother, german sister,

consanguine sister and uterine sister. What are the shares
of each?
3. One dies leaving three wives, two maternal

grandmothers, eight consanguine sisters and four uterine
sisters. What are their respective shares?
of 24;

1. One dies leaving the wife, father, mother and two
daughters. What are the shares of each?
2. One dies leaving the wife, mother, father, daughter

and son’s daughter. What are the shares of each?
The Lucky Brother (2014-7a)

 A blessed brother is one by whose presence the son’s
daughters or consanguine sisters are made residuary heirs.
Without him the son’s daughter or the consanguine sisters
take nothing of the inheritance.
The Lucky Brother

Ex. Net Estate: P18,000 3 Juz Al Siham
(W/ Brother) ROP: 3 CROP: 9
Heirs: Shares: Portions: Corrected Portions Net Share:
2 Germane sisters 2/3 2 6 x 2,000 12,000
Consanguine Sister Residue 1 1 x 2,000 2,000
Consanguine Brother __ 2 x 2,000 4,000
3 9 18,000
* 2D, SD, SS
The Unlucky Brother (2014-7a)

 An unlucky brother is one who by his presence deprives the sister of any
portion of the inheritance.
Ex. Net Estate: P19,500

(W/ Brother) ROP: 12 IROP: 13
Heirs: Shares: Portions: Portions: Net Share:
Husband 1/4 3 3
Mother 1/6 2 2
Father 1/6 2 2
Daughter 1/2 6 6
Son’s Daughter Residue 0
Son’s son
IX. The Reversion
(AL RADD) (2014-9a)
-Literally means “return”.
-Technically means the reduction of the divisor in the
problem (Asl Al Mas’ala) and the increase of the value of the
shares of the heirs.

Art. 130 Reversion of residue. If, after distributing the portions of
the sharers, a residue is left in the inheritance and there is no
surviving residuary heir, the same shall revert in its entirety to
the lone sharer or to all the sharers in proportion to their
respective shares. However, the husband or the wife shall not
be entitled to any part of the reverted portion as long as there
are other sharers or distant kindred.
Requisites of Radd:

1. Availability of a sharer
2. Non- availability of a residuary heir
3. Residue after the distribution of shares

Heirs who are entitled to
the reverted
 portion
1. Daughter
2. Son’s Daughter
3. German sister
4. Consanguine sister
5. Mother
6. True Maternal Grandmother
7. Uterine sister
8. Uterine Brother
KINDS OF RADD
(Reversion)
 (1/4)
1. The reversion (Al Radd) where the surviving heirs

are only entitled to one share and none of the spouses
inherit with them.
Rule: The inheritance is divided among them per capita.
Ex. ROP: 3 ROPR: 2

Heirs: Shares: Portions: Portions:
2 German Sisters 2/3 2 ` 2
2/3 2
KINDS OF RADD
(Reversion)
 (1/4)
1. 1st KIND
(Only one group of sharer and w/o spouse)
5 Juz Al Siham
Ex. ROP: 3 ROPR: 2 CROPR: 10
Heirs: Shares: Portions: Portions: Corrected Portions
5 Son’s Daughter 2/3 2 ` 2 10 /5= 2
2/3 2 10
KINDS OF RADD
(Reversion)

(1/4)
1. 1stKIND
(2 groups of sharers but same shares and w/o spouse)
Ex. ROP: 6 ROPR: 2

True Grandmother 1/6 1 1
Uterine Brother 1/6 1 1
2/6 2
KINDS OF RADD
(Reversion)
 (2/4)
2. The reversion where the surviving heirs are entitled

to different shares and none of the spouses inherit with
them.
Rule: The inheritance is divided on the basis of the

portions given to the heirs and not on the basis of the
number of their heads.
KINDS OF RADD
(Reversion) (2/4)
2. 2nd KIND

(2 group of sharers having different shares and w/o spouse)
Ex. ROP: 6 ROPR: 3

Mother 1/6 1 1
2Uterine Sisters 1/3 2 2
3/6 3
KINDS OF RADD
(Reversion) (2/4)
2. 2nd KIND

(2 group of sharers having different shares and w/o spouse)
Ex. ROP: 6 ROPR: 5

Consanguine sister 1/2 3 3
2Uterine Sisters 1/3 2 2
5/6 5/5
KINDS OF RADD
(Reversion)
 (3/4)
3. The reversion where the surviving heirs are only

entitled to one share and one of the spouses inherits
with them.
Rule: The divisor in the problem must be based on the

share of an heir to whom reversion of the residue
cannot be made (spouse), and then divide the residue to
them per capita
KINDS OF RADD
(Reversion)

(3/4)
3. 3rd KIND
(one group of sharer and w/ a spouse)
Ex. ROP: 24 ROPR: 8

wife 1/8 3 1
7 Son’s Daughters 2/3 16 7
19/24 8/8
KINDS OF RADD
(Reversion) (3/4)
3. 3rd KIND

5 Juz Al Siham
Heirs: Shares: Portions: Portions: Corrected Portions:
Husband 1/4 3 1 5
5 Daughters 2/3 8 3 15
11/12 4 20
KINDS OF RADD
(Reversion) (3/4)
3. 3rd KIND

5 Juz Al Siham
Wife 1/8 3 1 5
5 Daughters 2/3 16 7 35
19/24 8 40
KINDS OF RADD
(Reversion)
 (4/4)
4. The reversion where the surviving heirs are entitled

to different shares and one of the spouses concurs with
them.
Rule: In this situation, we have two problems in one.
1st case, one of the spouses is not included as an heir
(this is identified as the case of reversion).
2nd case, one of the spouses included as an heir.
Ex. 1)W,M, 2US 2) W, 2D, M 3) 2W, M, D

KINDS OF RADD
(Reversion) (4/4)
4. 4th

KIND (Two or more groups of sharers with different shares
and w/ a spouse)
(one of the spouses excluded as an heir)
Ex. ROP: 6 ROPR: 3

Mother 1/6 1 1
2 Uterine sisters 1/3 2 2
3/6 3
KINDS OF RADD
(Reversion) (4/4)
4. 4th

and w/ a spouse)
(one of the spouses included as an heir)
Ex. ROP: 12 ROPR: 4 ROPR: 4

Portions:
Wife 1/4 3 1 1
Mother 1/6 2 1
2 Uterine sisters 1/3 4 3 2
9/12 4 4
KINDS OF RADD
(Reversion) (4/4)
4. 4th

and w/ a spouse)
(one of the spouses excluded as an heir)
Ex. ROP: 6 ROPR: 5

2 Daughters 2/3 4 4
Mother 1/6 1 1
5/6 5/5
KINDS OF RADD
(Reversion) (4/4)
4. 4th

and w/ a spouse)
(one of the spouses included as an heir)
5 Juz Al Siham
Wife 1/8 3 1 x5 5
2 Daughters 2/3 16 7 x4 28
Mother 1/6 4 x1 7
23/24 8 40
X. Succession by Illegitimate
Child and Imprecatory Child

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.
Difference between
Illegitimate Child and
 Child
Imprecatory
1) Illegitimate Child is a child of a man and a woman
without marital relationship between them;
Imprecatory Child is a child who was a cause of the

mother’s having been divorced by Li’an by her
husband.
Difference between
 Child
Imprecatory
2) The father of illegitimate child cannot made a valid
claim of paternity with the child;
whereas the father of imprecatory can make a
valid claim of paternity with the child if he desires, in which
case the inheritance between them will be established.
Difference between
 Child
Imprecatory
3) If the Illegitimate Children are twins, they are
considered as uterine brothers/ sisters;
Whereas, if imprecatory children are twins, they
are considered as full brothers (Ibid., Ronsing)
Inheritance from
Illegitimate
 persons
 Maliki, Hanafi and Shafi’I schools
“The mother and her relatives inherit upon normal
principles to the illegitimate children”
“Illegitimate and imprecatory Children are can gets inherits

from their mother and their relatives”.
“Both Illegitimate children and Imprecatory Children

cannot inherit to their father because it is assumed that as if
they don’t have father”.
XVI. UMARIATAN CASE
Popularly known as (Al Garawaini)-the “Two

Bright Stars”

Umariatan signifies the two cases decided by caliph Umar.
This term refers to the share of mother as 1/3 of the residue
whenever concurs with the father and any of the spouses
and in the absence of other heirs.
“The share of one man is equal to the shares of two women”

(Surah An-Nisah: 176)
Opinions on Umariatan
Case:

 1) Zayd bin Thabit, Umar bin Khattab and Jamhur of
the Companion
“Mother takes only 1/3 of the residue”
 2) Ibn Abbas
“Mother takes 1/3 of the property”
-Opposed by the Jamhur
Case I
Net Estate: P24,000 = 4,000

6 ROP: 6
Heirs: Shares: Portions: Net Estate:
Husband 1/2 3 12,000
Mother 1/3 1 4,000
of residue
Father Residue 2 8,000
Uterine Brother Excluded
2 Consanguine Sister Excluded ____ ________
6 24,000
Case II
Net Estate: P16,000 = 4,000

4 ROP: 4
Heirs: Shares: Portions: Net Estate:
Wife 1/4 1 4,000
Mother 1/3 1 4,000
of residue
Father Residue 2 8,000
German Brother Excluded
2 Consanguine Sister Excluded ____ ________
4 16,000
UMARIA AL-HIMARIA
( Problem of Sharing )

Al Hajaria
Al Yamiyya
Requirements for the Problem of
Sharing Together

1) The uterine brothers or sisters are two or more
males or females;
2) The one or more German brothers are left without a

residue to take;
3) The German brother cannot be replaced by a

German sister because the later merely inherit as a
sharer.
Al- Himaria Case

ROP: 6
Heirs: Shares: Portions:
Husband 1/2 3
Mother 1/6 1
2 Uterine 1/3 2
Brothers
German Brother Residue 0
____
6
Al- Himaria Case (Art. 122-B)
(Sharing of German Brother)

3 Juz Al Siham
ROP: 6 CROP: 18
Husband 1/2 3 9
Mother 1/6 1 3
2 Uterine 4
Brothers 1/3 2 6
German Brother 2
(Residual ) ____ ___
6 18
XII. Succession of
Foetus/Conceived Child

“The carrying of the child to the weaning is (a period of)
thirty months”(Surah Ahqaf:15)
“And in years twain (two years) was his weaning”(Sural

Luqman: 14)
Succession by conceived
child(2014-6a)
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 (Art. 97, P.D. 1083).
Birth determines personality, but the conceived child shall be

considered born for all purposes that are favourable to it,
provided it be born alive, however briefly, at the time it is
completely delivered form the mother’s womb (Art. 10,
P.D.1083).
Requisites:

1) That it is certain that the foetus is in the womb of his
mother at the time of the death of the decedent;
2) That it be born alive, however briefly at the time it is
completely delivered from the mother’s womb.
3) The inheritance of the conceived child should be
reserved before the estate is distributed.
4) The greater share would be inherited by the conceived
child
Ex.
a) W, S(conceived) , F, B ,S
5 Situations Of The Foetus
(2014,6b)

 1) He will not be an heir in any case whether he is male or
female. In this case, the inheritance shall be distributed
without waiting for his birth.
Ex. Wife, Father, pregnant mother whose pregnancy is by another
man other than the deceased’s father.
 2)He will either inherit as male or female. The foetus is

considered as an heir.
Ex. 1)Wife, Paternal Uncle, Pregnant wife of his german brother
2)Husband, Mother, 3 Uterine Sisters and a Pregnant father’s
wife.

 3) He will always be an heir, male or female and his share
will just vary depending upon the kind of heirs concurring
with him. The favourable share to her/him is reserved.
Ex. Pregnant Wife, Father, Mother
 4) He will always be an heir and his share will not vary,

male or female.
Ex. German sister, Consanguine Sister and a Pregnant mother

whose pregnancy is by a husband other than the father of the
deceased.

 5) He will be an heir without any other heir surviving with
him or with another heir concurring with him but the other
heir will be excluded. The entire inheritance will all be
reserved for him.
Ex. Son’s Pregnant wife and a Uterine brother

XIV. Succession by Absentee or
Missing Person
A Missing Person is an absentee who is not heard from

and it is not known whether he is dead or alive.

-The Wife of a missing person should not be married to
another, his estate should not be distributed to his heirs, and all his
rights should be taken care of until the final determination of his
disposition, whether he is dead, or still alive, or until he shall
be presumed dead by decree of the court.
Succession by absentee

The share of an heir who is missing or otherwise absent
at the time of the death of the decedent shall be
reserved:
 (a) Until he reappears and claims it;
 (b) Until he is proven dead; or
 (c) Until the lapse of ten years after which he shall be
resumed dead by decree of the court (Art. 98,
P.D.1083).
The Duration after which the Missing person
may be declared dead: (1/3)

Imam Abu Hanifa
“A person will be presumed dead after 90 years
or if no one his contemporaries are still living ”
“The period depends upon the discretion of the
judge”- (Supported by Imam Shafi’i)
Imam Shafi’i
“After the expiration of a period that no one of
his kind is living, the judge may decree his death.

Imam Malik
“The person missing or absent shall be presumed dead
after the lapse of seventy years.” (Inheritance)
--The Prophet (P.B.U.H) said: “The age of my Umma is between

sixty and seventy”
“Any woman whose husband is missing and she does not know his
whereabouts must wait for four years, thereafter, observe the Idda of 4
months and 10 days, after that she can get married” (Caliph Umar)

Imam Ahmad
“If he has been absent or missing in a dangerous situation,
like war, his death can be decreed by the court after four years”
“If he is missing or absent under normal and peaceful

conditions, it will be at the discretion of the court”.
How Does an Absentee
Succeed?

1) If the absentee is one who can completely exclude the other
heirs, the distribution of the inheritance shall be completely
suspended until it is determined whether he is still alive or
already dead.
2) If the absentee can just participate with the other heirs

without excluding anyone of them from receiving a share
from the inheritance, the heir, who can receive his share
without diminution with or without the absentee, shall be
given his complete share.
XV. Succession between
Person Dying Together
(2014-2a)

Simultaneous death. If, as between two or more persons who
are called to succeed each other, there is a doubt as to which of
them died first, whoever alleges the death of one prior to the
other shall prove the same; in the absence of such proof, it is
presumed that they died at the same time and there shall be no
transmission of rights from one to the other. However, the
successional rights of their respective heirs shall not be
affected (Art. 12, P.D. 1083).
Rules on Simultaneous
Death

1) Whoever alleges the death of one prior to the other
should prove the same; if it could be proven, then
there is the transmission of successional rights from the
prior decedent to the later decedent
2) In the absence of such proof, it is presume that they

died at the same time and there will be no transmission
of successional rights from one to the other; however,
the successional right of their respective heirs will
not be affected
Illustration:

 Simultaneous Death
Ex. The father F together with the son S died together in a
falling hotel; the surviving heirs are Daughters A and B of F
and the son of S, Y. Supposed that the death of F and S
cannot be proven, then there is no transmission of rights
from one to the other.
 Proven that S died first before F.

Ex. Estate will be inherited solely by his son, Y; A and B,
being a collateral are excluded by the presence of the son, Y
XIII. Succession of
Hermaphrodites (Al
Khunta Al Mushakkal)

Hermaphrodite is a person with sexual organs of both male
and the female or neither of the.
Succession of a
hermaphrodite

 Abu Hanifa -Shafi’I and the Shahaba
“The hermaphrodite is allotted the smaller or the minimum of
two shares that a man and a woman are entitled to”
 Al Shafi’I
“The hermaphrodite is allotted the minimum of his share and the
balance shall be reserved until the gender is ascertained”
 Malik
“The hermaphrodite is entitled to the medium of the two Shares”
Ex. 2 Daughters and hermaphrodite

Son, Daughter and Hermaphrodite
Grandfather Surviving
with Brothers and Sisters

A True Grandfather is one whose relation to the
deceased is not interrupted by a woman like the
father’s father, even how high (Alauya).
Case of True Grandfather

 The paternal grandfather takes the place of the father except
in 3 conditions:
1) The German and Consanguine brothers shall not inherit
with the father according to the Ijma of the Ulama, but they
shall inherit with the paternal grandfather according Al-
Shafi’I , Ahmad and Malik.
2) The case I of Umariyataini or Garawaini (H, M, F)
3) The case II of Umariyataini or Garawaini (W, F,M)

The Schools of Thought on
True Grandfather

1) The Abu Hanifa School of Thought (Abu Bakr, Ibn Abbas, Ibn
Umar)
“German, Consanguine or Uterine brothers and sisters cannot
inherit in the presence of a true grandfather because the latter
excludes the former”
2) The Jamhur School of Thought (Al Shafi’I, Al Hanbali, Al Maliki

and 2 disciples (Abu Yusuf and Muhammad) of Abu Hanifa)
“German and Consanguine brothers and sisters can inherit side by
side with the grandfather and the latter cannot exclude them”
Grandfather Inheriting
with Brothers
 and Sisters
 Situation I
“Grandfather inherits together with the decedent’s brothers and
sisters only without any other heirs (sharers) like the wife, the
mother, the daughter and others”.
 Situation II
“Grandfather inherits together with the decedent’s brothers and
sisters with other heir or heirs (sharers) like the mother, the
husband, the daughter, the son’s daughter and others”.
Situation I

 Grandfather (w/ sisters and brothers only) Shares :
1) Division of the Inheritance (German brother)
2) One third of the entire Inheritance (If division of the

inheritance is not favourable to the grandfather)
When Shall the Division of the
Inheritance is Favourable to German
brother?

1) If he inherits with only 1 German sister, in which case he is
entitled to 2/3 of the property;
2) If he inherits with 2 German sisters, in which case he takes
1/2 of the property;
3) If he inherits with 3 German sisters, in which case he takes
2/5 of the property;
4) If he survives with the German brother, in which case he is
entitled to 1/2 of the property.
5) If he inherits with a German brother and a German sister,
in which case he is entitled to 2/5 of the property.
When Shall the Division of the Inheritance
and 1/3 of the Estate have the Same Effect on
the Grandfather?

1) If he inherits with two (2) German brothers;
2) If he inherits with four (4) German sisters;
3) If he inherits with a German brother and two German
sisters.
 Note: 1/3 of the property is favourable to the grandfather in any case

other than the eight situations discussed above.
Situation II

 Grandfather (w/ other sharer) Shares :
1) Division of the Inheritance (Ali’s Doctrine)

2) One third of the Residue (Zaid’s Doctrine)
3) One third of the entire Inheritance
- Share of the Grandfather be not less than 1/6

Grandfather’s Choice:
Division of Hereditary Estate
2 Juz Al Siham
ROP: 2 CROP: 4
Husband 1/2 1 2
Grandfather 1
German Brother Residue 1 1_
4 4
Grandfather’s Choice: 1/6
5 Juz Al Siham
ROP: 12 IROP:13 CIROP: 65
Husband 1/4 3 3 15
5 Daughters 2/3 8 8 40
Grandfather 1/6 2 2 10
4 German Brothers Excluded
____ ____ ____
13 13 65
*2W, D, SD, M,GF, 10 GS
*H, 4D, M, GF, 2GB, 3GS
Grandfather’s Choice: 1/3 Of
Property
Net Estate: P9,000 = 3,000

3
ROP: 3
Heirs: Shares: Portions: Net Share:
Grandfather 1/3 1 3,000
German Brother Residue 2 6,000
Consanguine Brother Excluded
____ ______
3 9,000
*GS, GF, CB, 2CS
The Case of Al Akdariya
Net Estate: P27,000 = 1,000

27 3 Juz Al Siham
ROP: 6 IROP: 9 CIROP: 27
Heirs: Shares: Portions: Portions: C. Potions: Net
Share:
Husband 1/2 3 3 9 x 1,000 9,000
Mother 1/3 2 2 6 x 1,000 6,000
Grandfather 1/6 1 1 4 8 x 1,000 8, 000
German Sister 1/2 3 3 4 x 1,000 4, 000
____ __ ___ _______
9 9 27 27, 000
THANK YOU
&
GOODLUCK!


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V.

“Surely, kinsmen of the same father and mother shall

Imperfect or Partial Exclusion Perfect or Total Exclusion

 Mixed Share of 1st kind and 2nd Kind

1) The husband dies leaving his wife, daughter,

2) The wife dies leaving german sister, mother,

2) One dies leaving a mother, a son’s daughter, 2

Article 129. Reduction of shares. If the totality of all the

 Divisors that can be increased:

2. One dies leaving the mother, german sister, husband and

3. One dies leaving the husband, two uterine brothers and

4. One dies leaving the husband, two consanguine sisters, two

2. One dies leaving the wife, mother, german sister,

3. One dies leaving three wives, two maternal

2. One dies leaving the wife, mother, father, daughter

Ex. Net Estate: P19,500

2. Non- availability of a residuary heir

3. Residue after the distribution of shares

1. The reversion (Al Radd) where the surviving heirs

Rule: The inheritance is divided among them per capita.

Ex. ROP: 3 ROPR: 2

Ex. ROP: 6 ROPR: 2

2. The reversion where the surviving heirs are entitled

Rule: The inheritance is divided on the basis of the

Ex. ROP: 6 ROPR: 3

Ex. ROP: 6 ROPR: 5

3. The reversion where the surviving heirs are only

Rule: The divisor in the problem must be based on the

Ex. ROP: 24 ROPR: 8

4. The reversion where the surviving heirs are entitled

Ex. 1)W,M, 2US 2) W, 2D, M 3) 2W, M, D

Ex. ROP: 6 ROPR: 3

Ex. ROP: 12 ROPR: 4 ROPR: 4

Ex. ROP: 6 ROPR: 5

Imprecatory Child is a child who was a cause of the

“Illegitimate and imprecatory Children are can gets inherits

“Both Illegitimate children and Imprecatory Children

Popularly known as (Al Garawaini)-the “Two

“The share of one man is equal to the shares of two women”

2) The one or more German brothers are left without a

3) The German brother cannot be replaced by a

“And in years twain (two years) was his weaning”(Sural

Birth determines personality, but the conceived child shall be

 2)He will either inherit as male or female. The foetus is

Ex. Pregnant Wife, Father, Mother

 4) He will always be an heir and his share will not vary,

Ex. German sister, Consanguine Sister and a Pregnant mother

Ex. Son’s Pregnant wife and a Uterine brother

A Missing Person is an absentee who is not heard from

--The Prophet (P.B.U.H) said: “The age of my Umma is between

“If he is missing or absent under normal and peaceful

2) If the absentee can just participate with the other heirs

2) In the absence of such proof, it is presume that they

 Proven that S died first before F.

Ex. 2 Daughters and hermaphrodite

2) The case I of Umariyataini or Garawaini (H, M, F)

3) The case II of Umariyataini or Garawaini (W, F,M)

2) The Jamhur School of Thought (Al Shafi’I, Al Hanbali, Al Maliki

1) Division of the Inheritance (German brother)

2) One third of the entire Inheritance (If division of the

 Note: 1/3 of the property is favourable to the grandfather in any case

1) Division of the Inheritance (Ali’s Doctrine)

- Share of the Grandfather be not less than 1/6