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    Expert QaiserMirza's Avatar
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    How Is The Wealth Of The Dead Distributed According To Shariah?

    How Is The Wealth Of The Dead Distributed According To Shariah?=Taqseem-E-Meeras



    The rules for division of estate of the deceased among inheritors is unique in Islam.

    Note: To use this table, the reader should first ascertain whether the deceased left a wife or husband, and if she or he survived, should look under the appropriate heading. Only in default of either should search be made under "sons and daughters", "father and mother" and the rest, and then in the order given in the first margin. In each instance it is supposed that there are no nearer relations than those named.


    If a person dies leaving



    Division of Real and Personal Property

    WIFE:

    Wife and no relations
    to wife, to the Bait-ul-mal( 1)
    Wife and son (sons)
    1/8 to wife, rest to son (sons equally)
    Wife, son and daughter
    1/8 to wife, 7/12 to son, 7/24 to daughter (2)
    Wife, two sons and two daughters
    1/8 to wife, 7/24 to each son and 7/48 to each daughter. (2)
    Wife and one daughter
    1/8 to wife, to daughter and 3/8 to Bait-ul-mal.
    Wife and daughters
    1/8 to wife, 2/3 to daughters and 5/24 to Bait-ul mal
    Wife, daughter and one son's son (h.l.s.)
    1/8 to wife, to daughter, rest to son's son
    Wife, daughters and one son's son (h.l.s.)
    1/8 to wife, 2/3 to daughters equally, rest to son's son
    Wife, daughter, one son's son and one son's daughter
    1/8 to wife, 1/3 to daughter, to son's son and 1/8 to son's
    daughter. (3)
    Wife, daughter and son's daughters
    1/8 to wife, to daughter, 1/6 to son's daughters equally and rest
    to the Bait-ul-mal.
    Wife, daughters and one son's daughter
    1/8 to wife, 2/3 to daughters equally and rest to Bait-ul-mal
    Wife, daughter and three full brothers
    1/8 to wife, to daughters, 1/8 to each brother.
    Wife, daughters and two paternal uncles
    1/8 to wife, 2/3 to daughters equally and 5/48 to each uncle.
    Wife, daughters and four true grandmothers
    1/8 to wife, 2/3 to daughters equally and 1/6 to the grandmothers
    equally and the rest to the Bait-ul-mal.
    Wife, son and father (h.h.s.)
    1/8 to wife, to father, rest to son.
    Wife, daughter and mother
    1/8 to wife, 1/6 to mother and to daughter. Rest to Bait-ul-mal.
    Wife, daughters, father and mother
    3/27 to wife, 4/27 each to father and mother, 16/27 to daughters
    (4)
    Wife, father and mother
    to wife, to father and to mother (5)
    Wife, four full brothers and two full sisters
    to wife, 6/40 to each brother and 3/40 to each sister. (6)
    Wife, four true grandmothers and two paternal uncles
    to wife, 1/24 to each grandmother and 7/24 to each uncle.
    Wife, mother and true grandmother
    to wife, 1/3 to mother and the residue 5/12 to true
    grandmother.
    Wife, mother, full sister, uterine brother and sister, consanguine brother and consanguine sister
    3/15 to wife, 2/15 to mother, 6/15 to full sister and 4/15 equally
    between the uterine brother and uterine sister. The consanguine
    brother and consanguine sister get no shares. (7)
    Wife, mother, two sons
    1/8 to wife, 1/6 to mother and residue 34/48 equally to sons
    Wife, daughter, two paternal uncles
    1/8 to wife, to daughter and the residue 6/16 to the uncles
    equally.
    Wife, uterine sister, four sons of brother, son of uncle
    1/8 to wife, 1/6 to uterine sister and the residue 68/96*to the
    sons of brother equally. Son of uncle gets nothing.
    Wife, mother, sister
    3/13 to wife, 4/13 to mother and 6/13 to sister. (7)
    Wife, mother, 2 sisters
    3/13 share to wife, 2/13 share to mother and 8/13 shares to
    sisters equally. (7)
    Wife, two daughters, fathers mother
    1/8 to wife, 2/3 equally to daughters, 1/6 to mother and the
    residue 1/24 to Bait-ul mal.

    (1) Re Mutchilim [1960] M.L.J. 25.
    (2) The daughters in such case being residuaries with the son.
    (3) The son's daughters being residuary with the son's son.
    (4) An example of the doctrine of aul or increase.
    (5) The mother gets 1/3 of (that is after deducting the wife's share). This follows a decision of the Caliph Umar.
    (6) The brothers and the sisters are residuaries.
    (7) An example of aul.


    If a person dies leaving
    Division of Real and Personal Property
    HUSBAND:

    Husband and no relation
    to husband and balance to Bait-ul-mal
    Husband and son (sons)
    to husband, rest to son (sons equally).
    Husband, son and daughter
    to husband, to son, to daughter.
    Husband, two sons and two daughters
    to husband, to each son, 1/8 to each daughter.
    Husband and one daughter
    to husband, to daughter and rest to State.
    Husband and daughters
    to husband, 2/3 to the daughters and rest to State.
    Husband, daughter and one son's son (h.l.s.)
    to husband, to daughter and rest to son's son.
    Husband, daughters and one son's son
    to husband, 2/3 to daughters equally, 1/12 to son's son (h.l.s.)
    Husband and father
    to husband and to father.
    Husband, daughter, one son's son and one son's daughter
    to husband, to daughter, 2/12 to son's son and 1/12 to son's daughter. (8)
    Husband, daughter and three full brothers
    to husband, to daughter, rest to brothers equally.
    Husband, daughters and two paternal uncles
    to husband, 2/3 to daughters equally and 1/12 to uncles equally.
    Husband, daughter and true grandmothers
    to husband, to daughter, 1/6 to grandmothers equally. Rest to State.
    Husband, son and father (h.l.s.)
    to husband, 1/6 to father, rest to son.
    Husband, daughter and father
    to husband, to daughters, rest to father.
    Husband, daughters and mother
    3/13 to husband, 2/13 to mother, 8/13 to daughters equally. (9)
    Husband, daughters, father and mother
    3/15 to husband, 8/15 to daughters and 2/15 each to father and mother. (10)
    Husband, daughter, mother, father, son's son and son's daughter
    6/13 to father, 3/13 to husband, 2/13 to mother and 2/13 to father. The son's son and son's daughter are excluded. (10)
    Husband, daughter and paternal uncle
    to husband, to daughter and to paternal uncle.
    Husband, daughter, son's daughter and two full sisters
    to husband, to daughter, 1/6 to son's daughter and 1/12 share equally to sisters. (11)
    Husband, daughter, son's daughter, one full sister and one consanguine sister
    to husband, to daughter, 1/6 to son's daughter and 1/12 to full sister. Consanguine sister gets nothing.. (11)
    Husband, daughter, son's daughter, two uterine sisters
    to husband, to daughter, 1/6 to son's daughter. Residue to Bait-ul-mal.
    Husband, daughter, father, mother, son's son and son's daughter
    3/13 to husband, 6/13 to daughter, 2/13 each to father and mother. (10)
    Husband, father and mother
    to husband, 1/6 to mother, rest to father. (12)
    Husband, father, mother and two daughters
    3/15 share to husband, 2/15 to father, 2/15 to mother and 8/15 to daughters equally. (10)
    Husband, mother and three full sisters
    to husband, 1/6 to mother, 2/3 to sisters equally.
    Husband, mother, full sister, consanguine sister
    3/8 to husband, 1/8 to mother, 3/8 to full sister, 1/8 to consanguine sister. (10)
    Husband, two full brothers and three full sisters
    to husband, 2/14 to each bother and 1/14 to each sister.(13)
    Husband, mother, full brother and two uterine sisters
    share to husband, 1/6 to mother and the balance of 1/3 between the two uterine sisters and the full brother. (14)
    Husband and daughters of two daughters
    to husband and rest to Bait-ul-mal.
    Husband, mother, sister and grandfather
    Husband 3/9, mother 2/9 sister 4/27, father's father 8/27. (15)
    Husband, mother, grandfather, one consanguine brother, one or more uterine brothers.
    Husband , mother 1/6, grandfather 1/6, consanguine brother 1/6, uterine brother excluded. (16)


    (8) The son's son and son's daughter are residuaries.
    (9) Example of aul or increase.
    (10) Examples of aul or increase
    (11) In these cases the daughter and son's daughter get their Quranic shares while the sister takes as residuary.
    (12) The mother gets 1/3 of (that is after deducting the husband's share).
    (13) The brothers and sisters are residuaries.
    (14) This is the case of himariyya or musharaka. The full brother and the uterine sisters share the 1/3 share. See Fitzgerald Muhammadan Law p.135 and Nawawi Supra, p.250.
    (15) This is the case of Al-akdariya - see Tyabji Muhammadan Law (3rd Edn.) p.874 and Fitzgerald Muhammadan Law p.128 and Nawawi p.253 Supra, (p.22 supra)
    (16) This is the case of al-Malikia - see Fitzgerald p.128.


    If a person dies leaving
    Division of Real and Personal Property
    SONS AND DAUGHTERS:

    One son and no other relations
    All to son
    One daughter
    to daughter and rest to State.
    Daughters
    2/3 to daughters equally and rest to State
    Sons and daughters
    Equally between all sons and daughters, but so that the share of each son is double that of each daughter.
    One son and son's son or son's daughters
    All to son.
    One son and father (or mother)
    1/6 to father (or mother) rest to son.
    One son, father and mother
    1/6 to each father and mother, rest to son.
    One daughter and son's son
    to daughter, rest to son's son
    One daughter, son's son and son's daughter
    to daughter, 2/6 to son's son and 1/6 to son's daughter
    Daughters and son's son
    2/3 to daughters equally, rest to son's son
    One daughter, one son's daughter, and one full brother
    to daughter, 1/6 to son's daughter, rest to full brother.
    Daughters, one son's daughter and one full brother
    2/3 to daughter and rest to full brother.
    Daughters and son's daughters
    2/3 to daughter and rest to Bait-ul-mal (son's daughters excluded unless there is a lineal male descendant of the same or lower degree).
    Daughter and father
    to daughter and to father (1/6 as Quranic heir and 1/3 as agnatic heir).
    Daughters and father
    2/3 to daughters equally and rest to father
    Daughters, son's daughters and father
    2/3 to daughter, rest to father. (17)
    One daughter, father and mother
    to daughter, 1/6 to mother, rest to father
    One daughter, mother, four full brothers
    to daughter, 1/6 to mother, 1/12 to each brother.
    One daughter and mother
    to daughter, to mother and rest to Bait-ul-mal.
    Daughters and mother
    2/3 to daughters equally, 1/5 to mother and rest to Bait-ul-mal.
    Daughters, father, mother and son's son
    2/3 to daughters equally, 1/6 each to father and mother, nothing to son's son there being no residue.
    Daughters and four paternal uncles
    2/3 to daughters equally, 1/12 to each uncle
    Daughter (son's daughter) and full (consanguine) sister
    to daughter (son's daughter) and to full (consanguine) sister.
    Daughters (son's daughters) and full (consanguine) sisters
    2/3 to daughters (son's daughter), and 1/3 to full (consanguine) sister.
    Daughters, four true grandmothers and six paternal uncles
    2/3 to daughters equally, 1/6 to grandmothers equally (i.e. 1/24 each) and 1/36 to each uncle.
    Two daughters, one consanguine sister, one brother's son
    2/3 to two daughters and 1/3 to sister. Brother's son gets nothing
    Two daughters, a son's daughter and a son's son
    2/3 to daughters, 1/9 to son's daughter and 2/9 to son's son. (18)
    Two daughters, a son's daughter and a son's son's son
    2/3 to daughters, 1/9 to son's daughter and 2/9 to son's son. (18)
    Two daughters of a son, daughter of son's son, son of son's son's son'
    2/3 to daughters equally, 1/9 to daughter of son's son and 2/9 to son of son's son's son. (20)
    Son's daughter, daughter's son and brother
    share to son's daughter and share to brother. Daughter's son gets nothing.
    Son's sons and son's daughters (of same degree)
    Equally between son's son and son's daughters but so that the share of each of the former is double of each of the latter. (19)
    Son's daughters and son's son's son
    2/3 to son's daughters, rest to great-grandsons equally
    Son's daughter and son's son's daughter
    to son's daughter and 1/6 to son's son's daughter and the rest to the Bait-ul-mal. (20)


    (17) There is a doubt whether the son's daughters (who are excluded as Quranic heirs) are nevertheless entitled to take as residuaries together with the agnatic ascendant or collateral. See Fitzgerald Muhammadan Law, p.124.
    (18) In all these cases, as there are two daughters the son's daughter cannot inherit as Quranic heir. She therefore takes as an agnatic heir and shares the residu with the lower son's son.
    (19) The son's daughter is a residuary with an equal son's son.
    (20) As there is a "nearer" daughter, the share of the son's son's daughter is 1/6 that is the remainder of the 2/3 share of daughters.


    If a person dies leaving
    Division of Real and Personal Property
    FATHER AND MOTHER:

    Father and no other relations
    All to father.
    Father and mother
    2/3 to father, 1/3 to mother
    Father, full brothers and sisters
    All to father.
    Father, mother, three son's daughters
    1/6 to father, 1/6 to mother and 2/3 to three son's daughters in equal Shares.
    Father, mother, daughter, four son's daughters
    1/6 to father, 1/6 to mother, to the daughter and 1/6 to the son's daughters in equal shares.
    Father, mother, two son's daughters and son's son's daughter
    1/6 to father, 1/6 to mother and 2/3 to son's daughters in equal shares. The son's son's daughter is excluded by the two son's daughters.
    Father, mother, son's daughter, son's son's daughter
    1/6 to father, 1/6 to mother, to son's daughter and 1/6 to son's son's daughter (the son's daughter and son's son's daughter share the Quaranic share of two or more daughters).
    Mother and no other relations
    1/3 to mother and rest to Bait-ul-mal.
    Mother, and full brothers
    1/6 to mother, rest to brothers equally.
    Mother, full brother and uterine brother
    1/3 to mother, 1/6 to uterine brother, rest to full brother.
    Mother and full sisters
    1/6 to mother, 2/3 to sisters equally and rest to Bait-ul-mal.
    Mother, full sister, and consanguine brother and sister
    1/6 to mother, to full sister, rest to consanguine brother and sister but so that the former receives double the share of the latter.
    Mother, full sisters, consanguine brother and sister
    1/6 to mother, 2/3 to full sisters equally, rest as in preceding case.
    Mother, two full sisters, a consanguine sister and a uterine sister (or brother)
    1/6 to mother, 2/3 to equally among the sisters, and 1/6 to the uterine sister or brother (the consanguine sister is excluded by two full sisters).
    Mother, consanguine sisters and uterine sister
    1/6 to mother, 2/3 to consanguine sisters equally, 1/6 to uterine sister.
    Mother and paternal uncles
    1/3 to mother, 2/.3 to paternal uncles equally.


    Quran References: Surah 4 Verses 8,9,10,11,12, 14, 19, 33, 176, 8/75, 33/6, 89/ 19

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    Last edited by QaiserMirza; 05-Jan-2011 at 11:57 PM.

  2. Thanks umairel, TruPakistani, maksyed thanked for this post

  3. #2
    Expert Raaz's Avatar
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    Re: How Is The Wealth Of The Dead Distributed According To Shariah?

    Good one Mirza


  4. #3
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    Re: How Is The Wealth Of The Dead Distributed According To Shariah?

    Qaiser,
    if your forumula is entirely dependent upon Quran, Surah Nisa verses, please tell how the
    the deceased brothers/sisters/uncle/auntee will be the sharer, if the deceased leave behind:
    wife, son and daughter.
    My understanding is that when wife son and daughter are heirs. Uncle/auntee or brother/sister
    do not get any thing.
    Similarly under which Quranic verse, the Grand son gets the share from Grand Father?

  5. Thanks AsifAmeer thanked for this post

  6. #4
    Advanced samar's Avatar
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    Re: How Is The Wealth Of The Dead Distributed According To Shariah?

    I don't think all these formulas are right for example if a man dies and his heirs are wife and daughters and no son then brothers of the husband are also heirs.


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    Re: How Is The Wealth Of The Dead Distributed According To Shariah?

    Qaiser Sahib,
    A deceased left 100 dollars. He left wife, one son, one daughter, one brother, one sister, no father
    no mother. Please distribute this 100 dollars as per Quran's commandaments?


  8. #6
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    Re: How Is The Wealth Of The Dead Distributed According To Shariah?

    If the thread starter does not reply then the thread should be removed.
    He should reply if not there is nothing that makes this thread sticky.


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    Re: How Is The Wealth Of The Dead Distributed According To Shariah?

    Dear all participating members, I am happy to announce a decision soon will be announced by team to all in general.

    Since siasat.pk is a siasat base website, we are not suppose to permit religious thread in our forum ,but on the contrary despite our several reminders our friends stubbornly keep posted religion base threads, which further converts into sectarian debate, which finally leads to either close or delete. Once team did their job in order to keep forum quite and peaceful, our stubborn members start humiliating team for bias behavior, etc etc....recently one of our member started a thread on same basis, which actually challenge the team to respond their allegations or accept them self as being controversial Moderators. How ever it was a great challenge, which actually lead team toward a great session of "brain storm" This session was very fruitful for team because it made team to think how we can keep a standard of equality without making feel a single member annoyed, I believe no could believe that we could come to a conclusion, which could deliver a positive result.

    It is really exiting to keep all Pakistanis under one flag of Pakistan without spreading any sectarian violence, do you all need to know how,

    For that you all have to wait for "TEAM" thread in this regard, which will include all rules and regulation......

    Initially I am advising you, all Islamic thread will be closed with immediate effect till we will bring out the new guidelines in this regard.

    We once again thank to all of our members for their positive contribution to forum.

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