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Inheritance

The document outlines the distribution of inheritance shares according to Islamic law, detailing the fixed fractions for husbands and wives based on the presence of children. It includes various case studies demonstrating how shares are calculated for different family structures, such as when a man or woman dies leaving behind spouses, children, and other relatives. Additionally, it explains the roles of daughters and fathers in inheritance, including conditions for their shares and the concept of residue distribution.

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0% found this document useful (0 votes)
2 views43 pages

Inheritance

The document outlines the distribution of inheritance shares according to Islamic law, detailing the fixed fractions for husbands and wives based on the presence of children. It includes various case studies demonstrating how shares are calculated for different family structures, such as when a man or woman dies leaving behind spouses, children, and other relatives. Additionally, it explains the roles of daughters and fathers in inheritance, including conditions for their shares and the concept of residue distribution.

Uploaded by

solemanbbadu
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Husband and wife

Husband & Wife are Quranic Sharers (Zawil Furud): Their fractions are fixed by law.
1 1
o Husband: Gets 2 (if no child) or 4 (if a child exists).
1 1
o Wife: Gets 4 (if no child) or 8 (if a child exists).

 Son is a Residuary (Asabah): He has no fixed fraction. He simply waits for the husband
or wife to take their fixed piece, and then he grabs 100% of whatever is left over.

2. Math Problems (Case Studies)


Math No: 01

Question: A man dies leaving behind his Wife, One Son, and One Daughter.

Distribution of Shares:
1
 Wife: Gets 8 (Reason: Because the deceased has children).

 Son and Daughter: Get the Residue (Remaining portion). (Reason: After the wife's share,
children take the rest in a 2: 1 ratio).

Calculation:
1
 Wife's Share = 8
1 7
 Residue = 1 − 8 = 8

 Since the ratio of Son to Daughter is 2: 1, total units = 2 + 1 = 3.


2 7 14
 Son's Share = 3 of 8 = 24
1 7 7
 Daughter's Share = 3 of 8 = 24

Final Table (Common Denominator: 24)

Heir Share Common Denominator (24)

1 3
Wife
8 24
Heir Share Common Denominator (24)

14 14
Son
24 24

7 7
Daughter
24 24

3 14 7 24
Total + + =1
24 24 24 24

Math No: 02

Question: A woman dies leaving behind her Husband, One Son, and One Daughter.

Distribution of Shares:
1
 Husband: Gets 4 (Reason: Because the deceased has children).

 Son and Daughter: Get the Residue (Remaining portion). (Reason: After the husband's
share, children take the rest in a 2: 1 ratio).

Calculation:
1
 Husband's Share = 4
1 3
 Residue = 1 − 4 = 4

 Since the ratio of Son to Daughter is 2: 1, total units = 2 + 1 = 3.


2 3 6
 Son's Share = 3 of 4 = 12
1 3 3
 Daughter's Share = 3 of 4 = 12
Final Table (Common Denominator: 12)

Heir Share Common Denominator (12)

1 3
Husband
4 12

6 6
Son
12 12

3 3
Daughter
12 12

3 6 3 12
Total + + =1
12 12 12 12

Math No: 03

Question: A man dies leaving behind his Wife, Two Sons, and One Daughter.

Distribution of Shares:
1
 Wife: Gets 8 (Reason: Because the deceased has children).

 Sons and Daughter: Get the Residue (Remaining portion). (Reason: Each son gets 2 units
and each daughter gets 1 unit).

Calculation:
1
 Wife's Share = 8
1 7
 Residue = 1 − 8 = 8

 Since there are 2 Sons and 1 Daughter, the ratio units are: 2 × 2 + 1 = 4 + 1 = 5
total units.
2 7 14 28
 Each Son's Share = 5 of 8 = 40 → Total for 2 Sons = 40
1 7 7
 Daughter's Share = 5 of 8 = 40

Final Table (Common Denominator: 40)


Heir Share Common Denominator (40)

1 5
Wife
8 40

14 14
Son 1
40 40

14 14
Son 2
40 40

7 7
Daughter
40 40

5 14 14 7 40
Total + + + =1
40 40 40 40 40

Math No: 04

Question: A woman dies leaving behind her Husband, One Son, and Two Daughters.

Distribution of Shares:
1
 Husband: Gets 4 (Reason: Because the deceased has children).

 Son and Daughters: Get the Residue (Remaining portion). (Reason: The son gets 2 units
and each daughter gets 1 unit).

Calculation:
1
 Husband's Share = 4
1 3
 Residue = 1 − 4 = 4

 Since there is 1 Son and 2 Daughters, the ratio units are: 2 + 2 × 1 = 2 + 2 = 4 total
units.
2 3 6
 Son's Share = 4 of 4 = 16
1 3 3 6
 Each Daughter's Share = 4 of 4 = 16 → Total for 2 Daughters = 16
Final Table (Common Denominator: 16)

Heir Share Common Denominator (16)

1 4
Husband
4 16

6 6
Son
16 16

3 3
Daughter 1
16 16

3 3
Daughter 2
16 16

4 6 3 3 16
Total + + + =1
16 16 16 16 16

Daughter
1. Daughter's Conditions
1 1
 Single Daughter (2): If there is only 1 daughter and no son, she gets 2 (half) of the total
estate.
2
 Multiple Daughters (3): If there are 2 or more daughters and no son, they collectively
2
share 3 of the estate equally.

 With Son (2: 1 ratio): If a daughter inherits along with a son, she loses her fixed fraction.
Instead, they become Residuaries (Asabah) and share the remaining estate in a 2: 1
ratio (the son gets double the daughter's share).
2. Step-by-Step Calculation Practice

Math No: 05 (Concept of Radd / Return)

Question: A woman dies leaving behind her Husband and One Daughter.

Distribution of Shares:
1
 Husband = 4 (Reason: Because a child is present).
1
 Daughter = 2 (Reason: Single daughter, no son).

Calculation:
1
 Husband's Share = 4
1
 Daughter's Share = 2
1 1 1+2 3
 Sum of primary shares = 4 + 2 = 4
=
4

3 1
 Note on Radd: The remaining portion (1 − 4 = 4) is left over. By law, the spouse
(husband/wife) cannot take the leftover portion if a blood relative is alive. Therefore,
1
this extra 4 goes back to the daughter as Radd (Return).
1 1 2 1 3
 Daughter's Final Share = 2 (Original) + 4 (Radd) = 4 + 4 = 4

Total Verification:
1 3 1+3 4
 Husband (4) + Daughter (4) = 4
=4=1

Math No: 06 (Wife, Father, and Daughter)

Question: A man dies leaving behind his Wife, Father, and One Daughter.

Distribution of Shares:
1
 Wife = 8 (Reason: Because a child is present).
1
 Daughter = 2 (Reason: Single daughter, no son).
1 1
 Father = 6 + Residue (Reason: The father gets a fixed 6 because a child is present, plus he
takes any leftover residue because there is no male child/son).
Calculation:
1 1 1
 Find a common denominator for the fractions (8, 2, 6), which is 24.
1 3
 Wife's Share = 8 = 24
1 12
 Daughter's Share = 2 = 24
1 4
 Father's Fixed Share = 6 = 24
3+12+4 19
 Total assigned shares = 24
= 24
19 5
 Leftover Residue for Father = 1 − 24 = 24
4 5 9
 Father's Final Total Share = 24 (Fixed) + 24 (Residue) = 24

Total Verification:
3 12 9 3+12+9 24
 Wife (24) + Daughter (24) + Father (24) = 24
= 24 = 1

Math No: 07 (Husband, One Son, and One Daughter)

Question: A woman dies leaving behind her Husband, One Son, and One Daughter.

Distribution of Shares:
1
 Husband = 4 (Reason: Because a child is present).

 Son and Daughter = Get the Residue as Asabah in a 2: 1 ratio.

Calculation:
1
 Husband's Share = 4
1 3
 Leftover Residue = 1 − 4 = 4

 The ratio of Son to Daughter is 2: 1, making the total units = 2 + 1 = 3.


2 3 6
 Son's Share = 3 of 4 = 12
1 3 3
 Daughter's Share = 3 of 4 = 12
1 3
 Convert Husband's share to denominator 12: 4 = 12
Total Verification:
3 6 3 3+6+3 12
 Husband (12) + Son (12) + Daughter (12) = 12
= 12 = 1

Math No: 08 (Wife, Two Sons, and Two Daughters)

Question: A man dies leaving behind his Wife, Two Sons (S1, S2), and Two Daughters (D1, D2).

Distribution of Shares:
1
 Wife = 8 (Reason: Because children are present).

 Sons and Daughters = Get the Residue in a 2: 1 ratio per head.

Calculation:
1
 Wife's Share = 8
1 7
 Leftover Residue = 1 − 8 = 8

 Calculate total units for children:

o 2 Sons × 2 units = 4 units

o 2 Daughters × 1 unit = 2 units

o Total units = 4 + 2 = 6 units.

 Individual Share Calculation:


2 7 14
o Each Son (S1 & S2) gets = 6 of 8 = 48
1 7 7
o Each Daughter (D1 & D2) gets = 6 of 8 = 48
1 6
 Convert Wife's share to denominator 48: 8 = 48

Total Verification:
6 14 14 7 7 6+14+14+7+7 48
 Wife (48) + S1 (48) + S2 (48) + D1 (48) + D2 (48) = 48
= 48 = 1
Math No: 09 (Three Sons and Three Daughters)

Question: A parent dies leaving behind Three Sons (S1, S2, S3) and Three Daughters (D1, D2,
D3). (Assuming no spouse survives to see pure residue division).

Distribution of Shares:

 Sons and Daughters = Inherit the whole estate as Residuaries (Asabah) in a 2: 1 ratio.

Calculation:

 Calculate total units for children:

o 3 Sons × 2 units = 6 units

o 3 Daughters × 1 unit = 3 units

o Total units = 6 + 3 = 9 units.

 Individual Share Calculation:


2
o Each Son (S1, S2, S3) gets = 9 of the estate.
1
o Each Daughter (D1, D2, D3) gets = 9 of the estate.

Total Verification:
2 2 2 1 1 1 2+2+2+1+1+1 9
 S1 (9) + S2 (9) + S3 (9) + D1 (9) + D2 (9) + D3 (9) = 9
= =1
9

Math No: 10 (Wife, One Son, and Two Daughters)

Question: A man dies leaving behind his Wife, One Son (S1), and Two Daughters (D1, D2).

Distribution of Shares:
1
 Wife = 8 (Reason: Because children are present).

 Son and Daughters = Take the Residue in a 2: 1 ratio.

Calculation:
1
 Wife's Share = 8
1 7
 Leftover Residue = 1 − 8 = 8

 Calculate total units for children:

o 1 Son × 2 units = 2 units


o 2 Daughters × 1 unit = 2 units

o Total units = 2 + 2 = 4 units.

 Individual Share Calculation:


2 7 14
o Son (S1) gets = 4 of 8 = 32
1 7 7
o Each Daughter (D1 & D2) gets = 4 of 8 = 32
1 4
 Convert Wife's share to denominator 32: 8 = 32

Total Verification:
4 14 7 7 4+14+7+7 32
 Wife (32) + S1 (32) + D1 (32) + D2 (32) = 32
=
32
=1

Father
1. Father's Capacity and Conditions

The Father has three distinct positions depending on who else survives the deceased:

1. Pure Residuary (Asabah): If the deceased leaves no child (no son, no daughter, no son's
son, no son's daughter), the Father takes whatever is left after other fixed sharers (like
Husband/Wife) take their pieces.
1
2. Pure Sharer (6): If the deceased leaves a male child (son or son's son), the Father's share
1
is strictly locked at 6. He gets no residue.
1
3. Sharer + Residuary (6 + Residue): If the deceased leaves only female children (daughter
1
or son's daughter) and no son, the Father gets his fixed 6 first. Then, after the daughters
and spouses take their shares, if any property is still left over, the Father takes that
remaining residue too.
2. Concept Note: Section 4 of MFLO, 1961

Section 4 of the Muslim Family Laws Ordinance (MFLO), 1961 introduces the Principle of
Representation.

Under classical Islamic law, if a child dies before their parent, that child's own children (the
orphaned grandchildren) get completely excluded from the grandfather's inheritance if
uncles/aunts are alive.

What Section 4 says: If any son or daughter dies before the opening of succession, their living
children (the grandchildren) will receive a share exactly equal to what their deceased parent
would have received if they were alive (per stirpes).

Where is this relatable in our math?

In traditional Islamic law, in cases like Math No: 03 (Wife, 2 Sons, 1 Daughter) or Math No: 08
(Wife, 2 Sons, 2 Daughters), if one of those sons or daughters had died earlier leaving behind
children, those grandchildren would receive their dead parent's exact collective share under
Section 4.

3. Practice Calculations
Math No: 11 (Wife, 2 Daughters, Father)

Question: A man dies leaving behind his Wife, Two Daughters (D1, D2), and Father.

 Distribution:
1
o Wife = 8 (Because children are present)
2
o 2 Daughters = 3 collectively (Because multiple daughters, no son)
1
o Father = 6 + Residue (Because only female children are present)

 Calculation:

o Common Denominator = 24
1 3
o Wife's Share = 8 = 24
2 16 8
o Daughters' Collective Share = 3 = 24 (Each daughter D1 & D2 gets 24)
1 4
o Father's Fixed Share = 6 = 24
3+16+4 23
o Total assigned so far = 24
= 24
23 1
o Remaining Residue = 1 − 24 = 24
4 1 5
o Father's Final Share = 24 (Fixed) + 24 (Residue) = 24

 Total Verification:
3 8 8 5 3+8+8+5 24
o
24
(Wife) + 24 (D1) + 24 (D2) + 24 (Father) = 24
=
24
=1

Math No: 12 (Husband, Son, Father)

Question: A woman dies leaving behind her Husband, One Son, and Father.

 Distribution:
1
o Husband = 4 (Because a child is present)
1
o Father = 6 strictly (Because a male child/son is present)

o Son = Residue (Asabah)

 Calculation:
1 1
o Common Denominator for 4 and 6 = 12
1 3
o Husband's Share = 4 = 12
1 2
o Father's Share = 6 = 12
3+2 5
o Total assigned so far = 12
=
12

5 7
o Son's Share (Residue) = 1 − 12 = 12

 Total Verification:
3 2 7 3+2+7 12
o
12
(Husband) + 12 (Father) + 12 (Son) = 12
=
12
=1

Math No: 13 (Wife and One Daughter - No Father)


Question: A man dies leaving behind his Wife and One Daughter.

 Distribution:
1
o Wife = 8 (Because a child is present)
1
o Daughter = 2 primary share + extra via Radd (Return)

 Calculation:

o Common Denominator = 8
1
o Wife's Share = 8
1 4
o Daughter's Primary Share = 2 = 8
1+4 5
o Total assigned = 8
=8

5 3
o Leftover estate = 1 − 8 = 8
3
o Rule of Radd: Since the spouse cannot take the residue, the entire leftover 8 is
returned to the Daughter.
4 3 7
o Daughter's Final Share = 8 + 8 = 8

 Total Verification:
1 7 1+7 8
o
8
(Wife) + 8 (Daughter) = 8
=8=1

Math No: 14 (Husband, Father, One Son, One Daughter)

Question: A woman dies leaving behind her Husband, Father, One Son (S1), and One Daughter
(D1).

 Distribution:
1
o Husband = 4 (Because children are present)
1
o Father = 6 strictly (Because a male child/son is present)

o Son and Daughter = Get the Residue as Asabah in a 2: 1 ratio.

 Calculation:
o Common Denominator for Husband and Father = 12
1 3
o Husband's Share = 4 = 12
1 2
o Father's Share = 6 = 12
3+2 5
o Total assigned = 12
=
12

5 7
o Remaining Residue for children = 1 − 12 = 12

o Total child units = 2 (Son) + 1 (Daughter) = 3 units.


2 7 14
o Son's Share = 3 × 12 = 36
1 7 7
o Daughter's Share = 3 × 12 = 36

o Adjust Husband and Father to denominator 36:


3 9
 Husband = 12 = 36
2 6
 Father = 12 = 36

 Total Verification:
9 6 14 7 9+6+14+7 36
o
36
(Husband) + 36 (Father) + 36 (Son) + 36 (Daughter) = 36
= 36 = 1

Math No: 15 (Wife, Father, One Daughter, One Son)

Question: A man dies leaving behind his Wife, Father, One Daughter (D1), and One Son (S1).

 Distribution:
1
o Wife = 8 (Because children are present)
1
o Father = 6 strictly (Because a son is present)

o Son and Daughter = Get the Residue in a 2: 1 ratio.

 Calculation:
1 1
o Common Denominator for Wife and Father (8 , 6) = 24
1 3
o Wife's Share = 8 = 24
1 4
o Father's Share = 6 = 24
3+4 7
o Total assigned = 24
= 24
7 17
o Remaining Residue for children = 1 − 24 = 24

o Total child units = 2 (Son) + 1 (Daughter) = 3 units.


2 17 34
o Son's Share = 3 × 24 = 72
1 17 17
o Daughter's Share = 3 × 24 = 72

o Adjust Wife and Father to denominator 72:


3 9
 Wife = 24 = 72
4 12
 Father = 24 = 72

 Total Verification:
9 12 34 17 9+12+34+17 72
o
72
(Wife) + 72 (Father) + 72 (Son) + 72 (Daughter) = 72
= 72 = 1

Math No: 16 (Wife, Father, and Brother)

Question: A man dies leaving behind his Wife, Father, and One Brother.

 Distribution:
1
o Wife = 4 (Because there are no children)

o Father = Residue (Asabah) (Because there are no children, he takes everything


left over)

o Brother = Excluded (Reason: The presence of the Father completely blocks


brothers or sisters from inheriting).

 Calculation:
1
o Wife's Share = 4
1 3
o Father's Share = Remaining residue (1 − 4) = 4

o Brother = 0
 Total Verification:
1 3 4
o
4
(Wife) + 4 (Father) = 4 = 1

4. Hard/Advanced Practice Problems

Math No: 17 (Complex Multi-Child Mix)

Question: A man dies leaving behind his Wife, Father, Three Sons (S1, S2, S3), and Two
Daughters (D1, D2).

 Distribution:
1
o Wife = 8 (Children present)
1
o Father = 6 strictly (Male children present)

o Sons and Daughters = Residue in a 2: 1 ratio per head.

 Calculation:
3 4 7
o Wife + Father Base = 24 → Wife = 24, Father = 24. Total assigned = 24
17
o Remaining Residue = 24

o Calculate child units: (3 Sons × 2) + (2 Daughters × 1) = 6 + 2 = 8 units.


2 17 34
o Each Son gets = 8 × 24 = 192
1 17 17
o Each Daughter gets = 8 × 24 = 192

o Adjust Wife and Father to denominator 192:


3 24
 Wife = 24 = 192
4 32
 Father = 24 = 192

 Total Verification:
24 32 34×3 102 17×2 34
o Wife (192) + Father (192) + 3 Sons ( 192 = 192) + 2 Daughters ( 192 = 192) =
24+32+102+34 192
192
= 192 = 1
Math No: 18 (The Aul / Increase Scenario)

Question: A woman dies leaving behind her Husband, Two Daughters, and Father.

(Note: This creates a special situation where the assigned shares exceed 1, requiring the
denominator to increase).

 Distribution:
1
o Husband = 4 (Children present)
2
o 2 Daughters = 3 (Multiple daughters, no son)
1
o Father = 6 (Fixed base share, cannot get residue because total crosses 1)

 Calculation:

o Find common denominator = 12


1 3
o Husband = 4 = 12
2 8 4
o 2 Daughters = 3 = 12 (Each gets 12)
1 2
o Father = 6 = 12
3+8+2 13
o Sum of shares: 12
=
12

o Rule of Aul (Increase): The sum of shares (13) is greater than the base (12). To fix
this, we change the common denominator to 13.
3 4 2
o Adjusted Final Shares: Husband = 13, Each Daughter = 13, Father = 13

 Total Verification:
3 4 4 2 3+4+4+2 13
o
13
(Husband) + 13 (D1) + 13 (D2) + 13 (Father) = 13
= 13 = 1
Mother
1. Mother's Conditions and Shares

The Mother is always a Quranic Sharer (Zawil Furud), but her share changes based on the family
structure:
1

6
(One-Sixth): She gets this lower share if the deceased leaves:

o Any child or agnatic grandchild (son, daughter, son's son, etc.).

o Or two or more brothers/sisters (whether full, consanguine, or uterine).


1

3
(One-Third of the Whole Estate): She gets this higher share if the deceased leaves:

o No children or agnatic grandchildren.

o And maximum one brother or sister (or none at all).


1

3
of the Residue (Umariyyatan Rule): If the only surviving heirs are the Mother, Father,
1
and one Spouse (Husband or Wife), the Mother takes 3 of what is left after the spouse
1
takes their fixed share, rather than 3 of the whole estate. This ensures the Father still
gets double the Mother's share.

2. Special Exceptions Explained

Exception A: The Umariyyatan / Gharrawayn Case

Named after Caliph Umar (RA), this rule solves a mathematical dilemma. If a woman dies
1
leaving a Husband, Mother, and Father, and if the Mother took a flat 3 of the whole, she would
4 3
get 12 while the Father (as Asabah) would only get 12. This violates the core Islamic principle
that a male relative of the same degree should get double the female relative.
1
 Solution: The spouse takes their share first, and the Mother takes 3 of the remaining
residue. The Father takes the rest, perfectly maintaining the 2: 1 Father-to-Mother ratio.

Exception B: Equal Shares for Parents


Can a Mother and Father ever get equal shares? Yes! If the deceased leaves a male child (son or
1
son's son), both the Mother and the Father are locked into a strict 6 share each. In this specific
scenario, they receive exactly the same amount.

Math No: 19 (Wife, Son, Mother, Brother)

 Distribution:
1
o Wife = 8 (Because a child is present)
1
o Mother = 6 (Because a child is present)

o Son = Residue (Asabah)

o Brother = Excluded (Blocked completely by the Son)

 Calculation:

o Common Denominator = 24
1 3
o Wife = 8 = 24
1 4
o Mother = 6 = 24

3 4 17
o Son (Residue) = 1 − 24
+
24
=
24

3 4 17 24
 Total Verification: 24 + 24 + 24 = 24 = 1

Math No: 20 (Wife, 2 Brothers, Mother)

 Distribution:
1
o Wife = 4 (No children present)
1
o Mother = 6 (Because there are 2 brothers present)

o 2 Brothers = Residue (Asabah)

 Calculation:

o Common Denominator = 12
1 3
o Wife = 4 = 12
1 2
o Mother = 6 = 12

3 2 7
o Collective Brothers (Residue) = 1 − 12
+
12
= 12

o Multiply by 2 to split cleanly for 2 brothers (New Denominator = 24):


6 4 7
o Wife = 24, Mother = 24, Each Brother = 24
6 4 7 7 24
 Total Verification: 24 + 24 + 24 + 24 = 24 = 1

Math No: 21 (Wife, Mother, Brother)

 Distribution:
1
o Wife = 4 (No children present)
1
o Mother = 3 (Because there is only 1 brother)

o Brother = Residue (Asabah)

 Calculation:

o Common Denominator = 12
1 3
o Wife = 4 = 12
1 4
o Mother = 3 = 12

3 4 5
o Brother (Residue) = 1 − 12
+ 12 =
12

3 4 5 12
 Total Verification: 12 + 12 + 12 = 12 = 1

Math No: 22 (Wife, Mother)

 Distribution:
1
o Wife = 4 (No children present)
1
o Mother = 3 (No children, no multiple siblings)
 Calculation via Radd (Return):

o Common Denominator = 12
3 4
o Wife's primary share = 12, Mother's primary share = 12
7 5
o Total primary = 12. Leftover residue = 12
5
o Rule of Radd: The spouse cannot take Radd, so the entire leftover 12 returns to
the Mother.
3 4 5 9
o Wife = 12, Mother = 12 + 12 = 12
3 9 12
 Total Verification: 12 + 12 = 12 = 1

Math No: 23 (Wife, Mother, Father — [Umariyyatan Case])

Special Rule Applied: এটি বিখ্যা উমযবিয যাযা (Umariyyatan / Gharrawayn) কেস। সযধযিণ
1
বাযমম মযমে সম্ণ স
ূ মবপি 3 বিমে িযিযি কেময মযমযি অংশ কিবশ হময যযয, যয ইসেযমমি 2: 1
(িযিয:ময) অাুপযমাি াীবাি পবিপনী। াযই এখযমা উমি (িয:) এি ফযসযেয অাুযযযী, সযমীমে
1
কিওযযি পি অ িবশষ (Residue) অ ংমশি 3 মযমে কিওয য হময মে এিং িযবেিয িযিয কপমযমো।

 Distribution:
1
o Wife = 4 (No children)
1
o Mother = 3 of the Residue

o Father = Remaining Residue (Asabah)

 Calculation:
1
o Wife = 4
1 3
o Residue after Wife = 1 − 4 = 4
1 3 1
o Mother = 3 × 4 = 4
3 1 2
o Father (Remaining Residue) = 4 − 4 = 4
1 1 2 4 2 1
 Total Verification: 4 + 4 + 4 = 4 = 1 (ফেযফে: িযিয 4 এিং ময 4 পযওযযয িযিযি অংশ
মযমযি টিে ব্বণ হমযমে)

Math No: 24 (Wife, Father, Mother, Daughter)

 Distribution:
1
o Wife = 8 (Because a child is present)
1
o Mother = 6 (Because a child is present)
1
o Daughter = 2 (Single daughter, no son)
1
o Father = 6 + Residue (Because only a female child is present)

 Calculation:

o Common Denominator = 24
1 3 1 4 1 12
o Wife = 8 = 24, Mother = 6 = 24, Daughter = 2 = 24
1 4
o Father's base share = 6 = 24
3+4+12+4 23
o Total assigned so far = 24
= 24
23 1
o Leftover residue to Father = 1 − 24 = 24
4 1 5
o Father's final share = 24 + 24 = 24
3 4 12 5 24
 Total Verification: 24 + 24 + 24 + 24 = 24 = 1

Math No: 25 (Husband, Mother, Father — [Umariyyatan Case])

Special Rule Applied: এটি ব্াীয উমযবিয যাযা কেস। এখযমাও সযমীমে কিওযযি পি অ িবশষ
1
(Residue) অ ংমশি 3 মযমে কিওয য হময মে , যযমা িযিযি অংশ মযমযি ব্বণ থযমে।

 Distribution:
1
o Husband = 2 (No children)
1
o Mother = 3 of the Residue

o Father = Remaining Residue (Asabah)

 Calculation:
1
o Husband = 2
1 1
o Residue after Husband = 1 − 2 = 2
1 1 1
o Mother = 3 × 2 = 6
1 1 3 1 2
o Father = Remaining Residue = 2 − 6 = 6 − 6 = 6
1 3
o Convert Husband to common denominator 6: 2 = 6
3 1 2 6 2 1
 Total Verification: 6 + 6 + 6 = 6 = 1 (ফেযফে: িযিয 6 এিং ময 6 পযওযযয এখযমাও
অাুপযা 2: 1 িজযয থযেমেয)

Math No: 26 (Father, Mother)

 Distribution:
1
o Mother = 3 (No children, no multiple siblings)

o Father = Residue (Asabah)

 Calculation:

o Common Denominator = 3
1
o Mother = 3
1 2
o Father (Residue) = 1 − 3 = 3
1 2 3
 Total Verification: 3 + 3 = 3 = 1 (Father perfectly gets double the Mother)

Math No: 27 (Husband, Father, Mother, Son — [Parents Equal Shares Case])
Special Rule Highlight: এই ম্যথটিমা ময এিং িযিয এেিম সমযা অ ংশ কপময মে া।
ইসেযবমে উপিযবধেযি আইা অাুযযযী, মৃা ি্যকি যবি কেযমায পুত (Son) িয এেযবধে সনযা
1
থযমে, ামি ময এিং িযিয উভমযই বাবিূ ষ অংশ (Farad) বহমসমি সমযা সমযা 6 েমি পযা। পুত
থযেযি েযিমণ িযিয এখযমা আসযিয (Residue) কথমে িযড়বা বেেু পযা ায।

 Distribution:
1
o Husband = 4 (Because a child is present)
1 1
o Mother = 6 (Strictly 6 because a male child/son is present)
1 1
o Father = 6 (Strictly 6 because a male child/son is present)

o Son = Residue (Asabah)

 Calculation:

o Common Denominator = 12
1 3
o Husband = 4 = 12
1 2
o Mother = 6 = 12
1 2
o Father = 6 = 12

3 2 2 5
o Son (Residue) = 1 − 12
+ 12 + 12 =
12

3 2 2 5 12 2 1
 Total Verification: 12 + 12 + 12 + 12 = 12 = 1 (ময ও িযিয িুজমাই সমযা 12 িয 6 েমি
কপমযমো)

Math No: 28 (Mother, Full Brother, Full Sister)

 Distribution:
1
o Mother = 6 (Because there are 2 siblings total)

o Full Brother and Full Sister = Residue (Asabah) splitting in a 2: 1 ratio.

 Calculation:
1 1 5
o Mother's share = 6 → Residue = 1 − 6 = 6
o Total sibling units = 2 (Brother) + 1 (Sister) = 3 units.
2 5 10
o Brother's share = 3 × 6 = 18

1 5 5
o Sister's share = 3 × 6 = 18
1 3
o Convert Mother to denominator 18: 6 = 18
3 10 5 18
 Total Verification: 18 + 18 + 18 = 18 = 1

Math No: 29 (Wife, Daughter)

 Distribution:
1
o Wife = 8 (Because a child is present)
1
o Daughter = 2 primary share + extra via Radd

 Calculation via Radd:

o Common Denominator = 8
1 1 4
o Wife = 8, Daughter's primary share = 2 = 8
5 3
o Total assigned = 8. Leftover residue = 8
3
o Rule of Radd: Leftover 8 goes entirely to the Daughter.
1 4 3 7
o Wife = 8, Daughter = 8 + 8 = 8
1 7 8
 Total Verification: 8 + 8 = 8 = 1

Math No: 30 (Daughter, Mother)

 Distribution:
1
o Daughter = 2 primary share + Radd
1
o Mother = 6 primary share + Radd (Because a child is present)

 Calculation via Radd:

o Common Denominator = 6
1 3 1
o Daughter's primary = 2 = 6, Mother's primary = 6
4 2
o Total assigned = 6. Leftover residue = 6
2
o Rule of Radd: Since there are no blocked spouses, the remaining 6 is distributed
proportionally between Daughter and Mother based on their primary ratio (3: 1).

o Total ratio units = 3 + 1 = 4.


3 2 6
o Daughter gets extra = 4 × 6 = 24
1 2 2
o Mother gets extra = 4 × 6 = 24
12 4
o Convert primary shares to denominator 24: Daughter = 24, Mother = 24
12+6 18 4+2 6
o Daughter's Final = 24
= 24, Mother's Final = 24
= 24
18 6 24
 Total Verification: 24 + 24 = 24 = 1

Math No: 31 (Wife, 3 Sons, 4 Daughters)

 Distribution:
1
o Wife = 8 (Because children are present)

o Sons and Daughters = Get the Residue as Asabah in a 2: 1 ratio per head.

 Calculation:
1 7
o Wife = 8 → Leftover Residue = 8

o Total child units = (3 Sons × 2) + (4 Daughters × 1) = 6 + 4 = 10 units.


2 7 14
o Each Son gets = 10 × 8 = 80
1 7 7
o Each Daughter gets = 10 × 8 = 80
1 10
o Convert Wife to denominator 80: 8 = 80

10 42 28 80
 Total Verification: 80 + 3Sons 80
+ 4Daughters 80
= 80 = 1

1. The Single Granddaughter (�)
1
 Condition: She gets half (2) of the total estate.

 When: She is the only granddaughter, and there are absolutely no sons, no daughters,
and no grandsons (Son's Sons) to compete with or block her.

2. Multiple Granddaughters (�)
2
 Condition: They share two-thirds (3) of the estate equally among themselves.

 When: There are two or more granddaughters, and there are no sons, no daughters,
and no grandsons.

3. Blocked by a Son (�)

 Condition: She gets nothing (0).

 When: The deceased has a living Son. A living son is a closer direct male heir, so he
completely blocks the grandchildren from inheriting.
� �
4. The "Completion of �" Rule (�)
1
 Condition: She gets one-sixth (6) of the estate.
1
 When: There is exactly one living daughter (who takes her fixed 2 share), and no sons or
grandsons.
2
 Why? The maximum total share allowed for all daughters/granddaughters combined is 3.
1 3 1
Since the single daughter takes 2 (which is 6), the granddaughter gets the remaining 6 to
2 3 1 4 2
complete that 3 limit (6 + 6 = 6 = 3).

5. Blocked by Multiple Daughters (�)

 Condition: She gets nothing (0).

 When: There are two or more living daughters (and no grandson to rescue her).
2
 Why? The daughters fully exhaust the maximum 3 limit allocated for females of that level,
leaving 0 for the granddaughter.

6. Becoming a Residuary (�)


 Condition: She becomes a Residuary (Asabah) and shares whatever is left over.

 When: A grandson (Son's Son) is present at her same level (or lower, if she needs him).
Instead of taking a fixed fraction, they pull their shares together from the remaining
wealth, following the 2:1 rule (the grandson gets double the share of the
granddaughter).

 Note: This grandson acts as her "blessed brother" because even if multiple daughters
would have normally reduced her share to 0 (Rule 5), the presence of the grandson
rescues her and allows her to inherit a portion of the residue.

Math 1: Wife, Son, Son's Daughter, Mother

 Rules Applied: The Son is present, so the Son's Daughter is completely excluded (0).
1 1
Because a Son (child) is present, the Wife gets 8 and the Mother gets 6.

 Distribution:
1
o Wife = 8
1
o Mother = 6

o Son = Residue (Asabah)

o Son's Daughter = 0 (Excluded by the Son)

 Calculation:

o Common Denominator = 24
1 3
o Wife = 8 = 24
1 4
o Mother = 6 = 24

3 4 17
o Son = 1 − 24
+ 24 =
24

3 4 17 24
 Total Verification: 24 + 24 + 24 = 24 = 1

Math 2: Wife, Daughter, Son's Daughter, Father


1
 Rules Applied: There is exactly 1 Daughter present, so the Son's Daughter gets 6 to
2
complete the maximum 3 share allocated for daughters. Because a female child is
1
present, the Father gets 6 + Residue.
 Distribution:
1
o Wife = 8 (Because children are present)
1
o Daughter = 2
1
o Son's Daughter = 6
1
o Father = 6 + Residue

 Calculation:

o Common Denominator = 24
1 3
o Wife = 8 = 24
1 12
o Daughter = 2 = 24
1 4
o Son's Daughter = 6 = 24
1 4
o Father (Base share) = 6 = 24
3+12+4+4 23
o Total allocated so far = 24
= 24
23 1
o Leftover Residue to Father = 1 − 24 = 24
4 1 5
o Father's Final share = 24 + 24 = 24
3 12 4 5 24
 Total Verification: 24 + 24 + 24 + 24 = 24 = 1

Math 3: Wife, Daughter, Son's Daughter, Mother


1
 Rules Applied: Just like Math 2, there is 1 Daughter, so the Son's Daughter gets 6. The
1
Mother gets 6 because children are present.

 Calculation via Radd (Return):

o Common Denominator = 24
1 3
o Wife = 8 = 24
1 12
o Daughter = 2 = 24
1 4
o Son's Daughter = 6 = 24
1 4
o Mother = 6 = 24
3+12+4+4 23 1
o Total assigned = 24
=
24
. Leftover residue = 24
1
o Rule of Radd: Spouses cannot receive Radd. The remaining 24 is split
proportionally among the Daughter, Son's Daughter, and Mother based on their
primary ratio (12: 4: 4, which simplifies to 3: 1: 1).

o Total ratio units = 3 + 1 + 1 = 5 units.

o To divide cleanly, multiply the main fractions by 5 (New Denominator = 120):


3×5 15
o Wife = 120 = 120

12×5 +3 63
o Daughter = 120
= 120

4×5 +1 21
o Son's Daughter = 120
= 120

4×5 +1 21
o Mother = 120
=
120

15 63 21 21 120
 Total Verification: 120 + 120 + 120 + 120 = 120 = 1

Math 4: Hanafi Female dies leaving Husband, 5 Sons, 3 Daughters

 Distribution:
1
o Husband = 4 (Because children are present)

o 5 Sons & 3 Daughters = Get the Residue (Asabah) splitting in a 2: 1 ratio.

 Calculation:
1 3
o Husband = 4 → Leftover Residue = 4

o Total child units = (5 Sons × 2) + (3 Daughters × 1) = 10 + 3 = 13 units.


2 3 6 30
o Each Son gets = 13 × 4 = 52 (Total for 5 Sons = 52)
1 3 3 9
o Each Daughter gets = 13 × 4 = 52 (Total for 3 Daughters = 52)
1 13
o Convert Husband to common denominator 52: 4 = 52
13 30 9 52
 Total Verification: 52 + 52 + 52 = 52 = 1

Math 5: Hanafi Male dies leaving 2 Wives, Father, Son's Son

 Distribution:
1
o 2 Wives = Share a collective 8 (Because a grandchild is present)
1
o Father = 6 strictly (Because a male grandchild is present)

o Son's Son = Residue (Asabah)

 Calculation:

o Common Denominator = 24
1 3 1.5
o Collective Wives = 8 = 24 (Each Wife gets 24 , multiply by 2 to clear decimals →
Denominator 48)
3 6
o Each Wife = 48 (Total for 2 Wives = 48)
1 8
o Father = 6 = 48

6 8 34
o Son's Son (Residue) = 1 − 48
+
48
= 48

6 8 34 48
 Total Verification: 48 + 48 + 48 = 48 = 1

Math 6: A Male dies leaving Son's Son (SS) and Son's Daughter (SD)

Special Explanation (Doctrine of Representation):

 Under Classical Sharia Law: If the deceased leaves behind a living grandson (SS) and
granddaughter (SD) from a pre-deceased son, they inherit directly as Asabah (Residue)
in a 2: 1 ratio because there are no living children to block them.

 Under Section 4 of the Muslim Family Laws Ordinance (MFLO) 1961


(Bangladesh/Pakistan): The grandchildren "step into the shoes" of their dead father.
They collectively receive the exact share their father would have received if he were
alive.

Note on this specific case: Because the grandchildren are the only heirs listed, their dead father
would have inherited 100% of the property as Asabah. Therefore, under both Sharia and MFLO,
the end mathematical result is identical, though the legal philosophy differs.
1. By Classical Sharia Law:

 Distribution: Both inherit together as Asabah (Residue) in a 2: 1 ratio.

 Calculation:

o Total units = 2 (Son's Son) + 1 (Son's Daughter) = 3 units.


2
o Son's Son = 3
1
o Son's Daughter = 3
2 1 3
 Total Verification: 3 + 3 = 3 = 1

2. By MFLO 1961:

 Distribution: The SS and SD collectively represent their pre-deceased father.

o Father's hypothetical share = 1 (100% of estate as sole child).

o The grandchildren split this 100% share using the standard 2: 1 male-to-female
ratio.

 Calculation:
2 2
o Son's Son = 3 × 1 = 3
1 1
o Son's Daughter = 3 × 1 = 3
2 1 3
 Total Verification: 3 + 3 = 3 = 1

Math 1: Husband, Daughter, Father


1
 Rules Applied: Because a female child (Daughter) is present, the Husband gets 4 and the
1 1
Father gets a fixed share of 6 + Residue. A single Daughter gets 2.

 Distribution:
1
o Husband = 4
1
o Daughter = 2
1
o Father = 6 + Residue

 Calculation:

o Common Denominator = 12
1 3
o Husband = 4 = 12
1 6
o Daughter = 2 = 12
1 2
o Father (Base share) = 6 = 12
3+6+2 11
o Total allocated so far = 12
= 12
11 1
o Leftover Residue to Father = 1 − 12 = 12
2 1 3
o Father's Final share = 12 + 12 = 12
3 6 3 12
 Total Verification: 12 + 12 + 12 = 12 = 1

Math 2: Wife, Father, Son, Son's Son

 Rules Applied: The living Son completely blocks the grandson (Son's Son) under both
classical Sharia law and MFLO (since a living direct child blocks their own children or
nephews from inheriting as Asabah). Because a male child (Son) is present, the Wife gets
1 1
a fixed 8and the Father gets a strict fixed 6with no extra residue.

 Distribution:
1
o Wife = 8
1
o Father = 6

o Son = Residue (Asabah)

o Son's Son = 0(Blocked completely by the living Son)

 Calculation:

o Common Denominator = 24
1 3
o Wife = 8 = 24
1 4
o Father = 6 = 24

3 4 17
o Son (Residue) = 1 − 24
+ 24 =
24

3 4 17 24
 Total Verification: 24 + 24 + 24 = 24 = 1

Math 3 (Revised): Wife, Father, Living Son, Son's Son (from Dead Son 1), Son's Daughter (from
Dead Son 2)

 Family Layout:

o 1 Wife

o 1 Father

o 1 Living Son

o 1 Son's Son (Child of Pre-deceased Son A)

o 1 Son's Daughter (Child of Pre-deceased Son B)

Method A: Under Classical Sharia Law

 Rule: The single living Son completely blocks all grandchildren.

 Distribution:
1
o Wife = 8 (Because children are present)
1
o Father = 6 (Because a male child is present)

o Living Son = Residue (Asabah) takes everything left.

o Son's Son & Son's Daughter = 0 (Blocked by the living Son)

 Calculation (Denominator = 24):


3
o Wife = 24
4
o Father = 24

3 4 17
o Living Son = 1 − 24
+ 24 =
24

Method B: Under MFLO 1961 (Doctrine of Representation)


Since the grandchildren belong to two different dead sons, we imagine the deceased left behind
3 Sons in total (1 living + 2 dead) to calculate the initial residue.

Step 1: Calculate shares as if all 3 sons were alive.


1 3
 Wife = 8 = 24
1 4
 Father = 6 = 24

3 4 17
 Total Residue for the 3 Sons = 1 − 24
+ 24 =
24

Step 2: Split the residue between the 3 lines/branches.


17
Since there are 3 distinct son branches, the total residue of 24 must be divided equally into 3
1
parts (3 for each branch):

 Living Son's Branch:


1 17 1 17 17
of = × =
3 24 3 24 72
 Dead Son A's Branch (Father of Son's Son):
1 17 1 17 17
of = × =
3 24 3 24 72
 Dead Son B's Branch (Father of Son's Daughter):
1 17 1 17 1 17 17
of = × = × =
3 24 3 24 3 24 72

17
To divide 24 equally among 3 sons, we multiply the denominator by 3:

 New Common Denominator = 24 × 3 = ��


3×3 9
 Wife = 72
=
72

4×3 12
 Father = 72
= 72
17×3 51
 Total Residue = 72
=
72

51 17
 Each Son's Line gets: 72 ÷ 3 = 72

Step 3: Transfer the dead sons' shares to their respective children.


17
 Living Son keeps his branch share = 72

 Son's Son (only child of Dead Son A) steps into his father's shoes and takes the full
17
branch share = 72

 Son's Daughter (only child of Dead Son B) steps into her father's shoes and takes the full
17
branch share = 72
17
(Note: Since Son's Daughter is the sole heir of her father's branch, she receives the full 72 directly
under MFLO representation, without being reduced by the 2: 1 rule against her cousin).

Final MFLO Distribution Table

Heir Share Fraction Shares out of 72

9
Wife 9
72

12
Father 12
72

17
Living Son 17
72

17
Son's Son (From Dead Son A) 17
72

17
Son's Daughter (From Dead Son B) 17
72

Total Verification:
9 12 17 17 17 72
+ + + + = =1
72 72 72 72 72 72

In Muslim Law, there is a specific category of heirs known as Primary Heirs (also called
Universal Heirs).
These heirs have a unique legal status: they can never be excluded from the inheritance,
regardless of who else is alive in the family. While their share might increase or decrease
depending on other relatives, they will always receive a portion of the estate.

The 5 Primary Heirs


There are five relatives who are considered Primary Heirs:

1. Husband

2. Wife

3. Father

4. Mother

5. Daughter

Why are they "Primary"?

The reason they are called Primary Heirs is based on two fundamental rules of the Islamic Law
of Succession:

 Non-Exclusion: No other relative can "block" or exclude these five people from getting a
share. For example, even if the deceased has children, the Father and Mother still get
their shares.

 The "Nearer" Principle: While these five cannot be excluded, they can exclude others.
For example, a Son (who is also a primary heir in practice, though technically a Residuary)
or Father can exclude brothers, sisters, or uncles from inheriting anything.

Key Distinction: Primary vs. Secondary

To understand this better, look at the difference:

 Primary Heirs (Husband, Wife, Father, Mother, Daughter, Son): They always inherit.
 Secondary/Subsidiary Heirs (Grandparents, Grandchildren, Siblings): They only inherit
if the Primary Heirs (like the Father or Son) are not alive. For example, a Grandfather is
excluded if the Father is alive. A Brother is excluded if the Son or Father is alive.

Important Note on the "Son"

You might notice the Son isn't always listed in the initial "Quranic Sharer" list because he is a
Residuary. However, in legal practice, the Son is the most powerful Primary Heir. He can never
be excluded, and he often receives the largest portion of the estate after the others have taken
their fixed shares.

Since you are studying this, it’s helpful to remember that while their presence is guaranteed,
the quantity of their share is "variable" based on whether there are children (descendants) or
multiple siblings involved.

1. The Doctrine of Aul (Increase)

The word Aul literally means "increase" or "rising." This situation happens when the total sum
of the fixed fractions given to the Quranic Sharers adds up to more than 1 (the total estate).

Since the property is limited, everyone's share must be reduced proportionately. To fix this, the
denominator (the total number of parts) is increased to match the sum of the numerators,
which naturally decreases the actual fraction each heir gets.

Example: If a woman dies leaving a Husband and 2 Full Sisters.


1
 Husband's share = 2
2
 2 Full Sisters' share = 3
1 2 3+4 7
 Total: 2 + 3 = 6
= 6 (Which is greater than 1)

Solution: Under Aul, the denominator 6 is increased to 7. The final shares become 3/7 and 4/7,
adjusting the total perfectly to 1.

2. The Doctrine of Radd (Return)


Radd means "return" or "reversion." This is the exact opposite of Aul. It occurs when all the
Quranic Sharers have been given their fixed shares, there are no Residuaries (Asabah) left to
take the rest, and some property is still left over. This surplus is then returned to the Quranic
Sharers in proportion to their shares.
Does the Husband or Wife get Radd?

 General Rule: No. The surviving spouse (Husband or Wife) cannot take a share in the
Radd (surplus) as long as there are other biological heirs alive. Their shares are strictly
limited to their fixed Quranic portion.

Does the Mother or Daughter get Radd?

 Yes! If there is no Residuary (like a Son or Father), both the Daughter and the Mother
are fully entitled to receive the returned surplus property under the Doctrine of Radd.

3. The Doctrine of Tasib (Residuaries / Asabah)


Let’s clear up a common point of confusion first: Tasib does not mean "return" in the way Radd
does.

 Radd returns surplus property back to the Sharers because there are no Residuaries.

 Tasib means inheriting as an Asabah (Residuary). A Residuary takes whatever is left over
after the Quranic Sharers take their fixed pieces.

How it affects the Daughter and the Mother:


1 2
 The Daughter: A daughter is normally a Quranic Sharer (gets 2 or 3). However, if the
deceased leaves behind a Son alongside the Daughter, the Son activates Tasib. He pulls
the daughter down from being a Sharer to becoming a Residuary with him. Together,
they take the remaining estate under the rule: a male gets double the share of a female
(2: 1).

 The Mother: The Mother never becomes a Residuary through Tasib. She is strictly a
1 1
Quranic Sharer (gets either 6 or 3) and her share never shifts into a residue system with a
male counterpart.

4. The Doctrine of Umariyyatain (The Two Decisions of Umar)


This doctrine specifically deals with the relationship between the Husband/Wife, the Mother,
and the Father when there are no children or siblings.
The Rule of Thumb:

In Islamic law, a general principle is that when a male and female of the same degree inherit
together (like Father and Mother), the male gets double the share of the female (2: 1).

The Conflict:

If a woman dies leaving only her Husband, Mother, and Father:


1
 Husband gets 2 (Fixed Quranic Share)
1
 Mother gets 3 (Fixed Quranic share when there are no children)

1 1 1
 Father gets the Residue: 1 − 2
+
3
=6

1 2 1
The Problem: If calculated this way, the Mother gets 3 (6) while the Father gets only 6. The
Mother would end up getting double the Father's share, which contradicts the fundamental
principle.

Hazrat Umar's (R) Solution:

To preserve the rule that the Father must get double the Mother's share, Caliph Umar (R) ruled
1
that the Mother should not get 3 of the total estate. Instead, the spouse takes their share first,
1
and the Mother gets 3 of the remaining residue. The Father then takes the rest.
1
 Husband takes 2
1
 Remainder is 2
1 1 1
 Mother gets: 3 × 2 = 6
1 1 2 1
 Father gets the rest: 2 − 6 = 6 (or 3)
2 1
 Result: The Father (6) gets exactly double the Mother (6).

5. The Doctrine of Representation (Sharia vs. MFLO 1961)

The Doctrine of Representation answers a major question: What happens if a child dies before
their parents, leaving behind grandchildren? Do those grandchildren inherit from their
grandparents?
Under Classical Sharia Law

Sharia Law operates on the rule that "the nearer in degree excludes the more remote."

 If a person dies leaving a living Son, a Son's Son (Grandson), and a Son's Daughter
(Granddaughter), the living Son is closer to the deceased.

 Therefore, the living Son completely excludes his deceased brother's children (the
grandchildren) from inheriting any portion of the estate. Under strict Sharia law, those
grandchildren receive zero direct inheritance.

Under Section 4 of the Muslim Family Laws Ordinance (MFLO), 1961

To protect orphaned grandchildren, Section 4 of the MFLO, 1961 stepped in and modified this
rule in countries like Bangladesh and Pakistan.

 The MFLO introduces the Doctrine of Representation. It creates a legal fiction that the
deceased child is still alive at the time the grandparent dies.

 The Son's Son and Son's Daughter step into the shoes of their dead father. They
collectively receive the exact same share their father would have received had he been
alive.

 Inside that represented share, the brother and sister will divide it using the standard 2: 1
ratio.

Son's Son (Grandson of Son's Daughter


System Living Son
Deceased Child) (Granddaughter)

Sharia Inherits everything


Excluded (Gets 0) Excluded (Gets 0)
Law as Residuary

MFLO Inherits his personal Shares the dead father's Shares the dead father's
1961 share portion (2 parts) portion (1 part)

Category 1: The Umariyyah (Umariyyatain) Cases


1
Rules check: When only a Spouse and BOTH parents are left, the Mother takes 3 of the RESIDUE,
not the whole estate, so the Father gets double her share.
 Q1: A male dies leaving behind his Wife, Mother, and Father.
3 3 6
o Final Answer: [Wife = 12, Mother = 12, Father = 12]

 Q2: A female dies leaving behind her Husband, Mother, and Father.
3 1 2
o Final Answer: [Husband = 6, Mother = 6, Father = 6]

Category 2: Son's Daughter Special Practice


1 2 1
Rules check: Keep your core rules in mind (2, 3, 6 for completion, 0, or Residuary).

 Q3: A male dies leaving behind Wife, 2 Daughters, Son's Daughter, and Father.
3 16 8
o Final Answer: [Wife = 24, 2 Daughters = 24 (24 each), Son's Daughter = 0, Father =
5
24
]

 Q4: A male dies leaving behind Husband, 1 Daughter, and 1 Son's Daughter. (Hint: Use
Radd/Return)
1 9 3
o Final Answer: [Husband = 4, Daughter = 12, Son's Daughter = 12]

Category 3: MFLO vs. Sharia (Grandchildren Perspectives)

Rules check: Under Sharia, living sons block grandchildren. Under MFLO, grandchildren
represent their dead parents' branches.

 Q5 (Sharia Law): A male dies leaving behind a Wife, Father, 1 Living Son, and 2 Son's
Daughters (from a pre-deceased son).
3 4 17
o Final Answer: [Wife = 24, Father = 24, Living Son = 24, 2 Son's Daughters = 0]

 Q6 (MFLO 1961): Calculate the exact same family as Q5 (Wife, Father, 1 Living Son, and
2 Son's Daughters from one dead son) under the Ordinance.
6 8 17 17
o Final Answer: [Wife = 48, Father = 48, Living Son = 48, 2 Son's Daughters = 48
8.5 17
shared equally ( 48 each, or 96 each if fully cleared)]

 Q7 (Sharia Law): A male dies leaving Wife, Father, 1 Son's Son (from Dead Son A), and 1
Son's Daughter (from Dead Son B).
9 12 34 17
o Final Answer: [Wife = 72, Father = 72, Son's Son = 72, Son's Daughter = 72]
 Q8 (MFLO 1961): Calculate the exact same family as Q7 (Wife, Father, Son's Son from
Dead Son A, Son's Daughter from Dead Son B) under the Ordinance.
9 12 17 17
o Final Answer: [Wife = 72, Father = 72, Son's Son = 72, Son's Daughter = 72]

Category 4: Complex Mixed Practice

 Q9 (Sharia Law): A male dies leaving Wife, Mother, 1 Daughter, and 1 Son's Daughter.
15 21 63
o Final Answer after Radd: [Wife = 120, Mother = 120, Daughter = 120, Son's
21
Daughter = 120]

 Q10 (MFLO vs Sharia Match): A male dies leaving Father, Mother, 1 Son's Son, and 1
Son's Daughter (both from the same pre-deceased son). (Hint: Do both methods yield
the same math here?)
6 6 16
o Final Answer for both Sharia & MFLO: [Father = 36, Mother = 36, Son's Son = 36,
8
Son's Daughter = 36]

Radd (Return) Cases (Mother & Daughter Jointly)

Rules check: Since no Asabah is alive, the remaining property returns to the Mother and
1 1
Daughter in a 1: 3 ratio (since Daughter gets 2 and Mother gets 6 before Radd). Spouses never
get Radd.

 Q1: A male dies leaving behind his Mother and 1 Daughter (No spouse, no Asabah).
1 3
o Final Answer: [Mother = 4, Daughter = 4]

 Q2: A male dies leaving behind his Mother and 2 Daughters.


1 4 2
o Final Answer: [Mother = 5, 2 Daughters = 5 (5 each)]

 Q3: A male dies leaving behind his Wife, Mother, and 1 Daughter. (Hint: Give the Wife
1
her fixed 8 first, then apply Radd to the rest between Mother and Daughter).
5 7 28
o Final Answer: [Wife = 40, Mother = 40, Daughter = 40]

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