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Inheritance Rules

Muslim law inheritance rules (note corroborated by Ai)

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0% found this document useful (0 votes)
20 views8 pages

Inheritance Rules

Muslim law inheritance rules (note corroborated by Ai)

Uploaded by

saeedcrafter
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
Heirs and Their Shares/Rules: 1. Father * 1/6 (Sharer): If the deceased has a direct male descendant (son or son's son, how low soever). * 1/6 (Sharer) + Residue (‘Asaba): If the deceased has only female descendants (daughter or son's daughter, how low soever). He takes 1/6 as a fixed share and the remainder as a Residuary. * Residue (‘Asaba): If the deceased has no children (male or female descendants) at all. He takes the entire remainder after any other Sharers (e.g., spouse, mother) have received their shares. * Exclusionary Power: The Father completely excludes: * True Grandfathers (father's father, how high soever). * All types of Siblings (full, consanguine, uterine brothers and sisters). 2. Mother * 1/6 (Sharer): If the deceased has any children (male or female, direct or through sons) OR two or more siblings of any kind (full, consanguine, or uterine, male or female). * 1/3 (Sharer): If the deceased has no children AND only one sibling (or no siblings at all). * 1/3 of Residue (Sharer - 'Umaryatayn Rule): This specific rule applies in two particular scenarios: 1. Deceased leaves: Husband + Mother + Father. (Husband gets 1/2, Mother gets 1/3 of the remaining 1/2, Father gets the rest). 2. Deceased leaves: Wife + Mother + Father. (Wife gets 1/4, Mother gets 1/3 of the remaining 3/4, Father gets the rest). * Exclusionary Power: The Mother completely excludes all Grandmothers (mother's mother and father's mother). 3. Son * Residue (‘Asaba): He is the primary Residuary. If he is the sole heir, he takes the entire estate after any Sharers (e.g., spouse). * 2:1 Residue with Daughter(s): When inheriting alongside daughter(s), they become Residuaries, with the son taking twice the share of a daughter. * Exclusionary Power: The Son excludes: * All types of Siblings (full, consanguine, uterine brothers and sisters). * Son's Daughters (unless they inherit as ‘Asaba with a son's son of equal or lower degree). * Daughter's Daughters (generally, as they are usually excluded by a direct daughter). 4. Daughter * 1/2 (Sharer): If she is the sole daughter and the only child. * 2/3 (Sharer): If there are two or more daughters (and no son), they collectively receive 2/3 of the estate. * 2:1 Residue with Son(s): When inheriting alongside son(s), they become Residuaries, with the son taking twice the share of a daughter. 5. Full Sister (FS) * 1/2 (Sharer): If she is the sole full sister, and there are no: * Male Lineal Descendants (son, son's son, how low soever). * Father. * True Grandfather (father's father, how high soever). * Full Brother. * 2/3 (Sharer): If there are two or more full sisters, and no: * Male Lineal Descendants (son, son's son). * Father. * True Grandfather. * Full Brother. (They collectively receive 2/3). * 2:1 Residue with Full Brother (FB): When inheriting with a full brother, and no: * Male Lineal Descendants (son, son's son). * Father. * True Grandfather. * They become Residuaries (brother gets twice sister's share). * Residue (‘Asaba with Others): If there are Daughters or Son's Daughters (who are Sharers taking their fixed shares), and no: * Male Lineal Descendants (son, son's son). * Father. * True Grandfather. * Full Brother. * The full sister takes the remainder of the estate after the Sharers. * Exclusionary Power: Two or more Full Sisters exclude all Consanguine (paternal half) sisters and brothers. A sole Full Sister generally does not exclude a Consanguine sister unless there is a stronger Residuary. 6. Consanguine Sister (CS - Paternal Half-Sister) * 1/2 (Sharer): If she is the sole consanguine sister, and there are no: * Full Brother or Full Sister. * Male Lineal Descendants (son, son's son). * Father. * True Grandfather. * Consanguine Brother. * 1/6 (Sharer): If there is one Full Sister (who takes 1/2), and no: * Full Brother. * Male Lineal Descendants (son, son's son). * Father. * True Grandfather. * The Consanguine Sister takes 1/6 to complete the 2/3 share for sisters. * 2/3 (Sharer): If there are two or more Consanguine Sisters, and no: * Full Brother or Full Sister(s) who would exclude them. * Male Lineal Descendants (son, son's son). * Father. * True Grandfather. * Consanguine Brother. (They collectively receive 2/3). * 2:1 Residue with Consanguine Brother (CB): When inheriting with a consanguine brother, they are Residuaries (brother gets twice sister's share). * Residue (‘Asaba with Others): If there's a Daughter or Son's Daughter (who are Sharers), and no: * Male Lineal Descendants (son, son's son). * Father. * True Grandfather. * Full Brother/Sister. * Consanguine Brother. * The Consanguine Sister takes the remainder. 7. Uterine Brother and Sister (UB and US - Maternal Half- Siblings) * 1/6 (Sharer): If there is only one uterine sibling (male or female). * 1/3 (Sharer): If there are two or more uterine siblings (male, female, or mixed), they collectively receive 1/3, shared equally among them (the 2:1 male:female rule does NOT apply here). * Exclusion: Uterine siblings are excluded by: * Father. * True Grandfather (father's father, how high soever). * Son (how low soever). * Son's Son (how low soever). * Note: They are NOT excluded by daughters or son's daughters. 8. True Grandfather (Father's Father, How High Soever) * Substitute Heir: Inherits only in the complete absence of the Father. * Shares: He steps into the shoes of the father regarding shares and exclusionary rules (e.g., 1/6 if male descendants, 1/6 + Rif female descendants, R if no children). 9. True Grandmother * Substitute Heir: Inherits only in the complete absence of the Mother. * Shares: She steps into the shoes of the mother regarding shares (1/6 or 1/3). * Priority: * Mother's Mother (Maternal Grandmother): Inherits if the Mother is not alive. * Father's Mother (Paternal Grandmother): Inherits if both the Mother and the Father are not alive. (The Father usually excludes his own mother from inheriting). * If both maternal and paternal grandmothers qualify (i-e., mother and father are both absent), they usually share the mother's portion (1/6 or 1/3) equally. 10. Son's Daughter (SD - Granddaughter through a Son) * 1/2 (Sharer): If she is the sole Son's Daughter, and there are no: * Direct Son or Daughter. * Son's Son. * 2/3 (Sharer): If there are two or more Son's Daughters, and no: * Direct Son or Daughter. * Son's Son. (They collectively receive 2/3). * 1/6 (Sharer): If there is one Daughter (who takes 1/2), and no Son's Son of equal or lower degree. The Son's Daughter takes 1/6 to complete the 2/3 share for female descendants. * 2:1 Residue with Son's Son (SS): When inheriting with a Son's Son of her own degree or lower, they become Residuaries, with the male taking twice the share of the female. * Exclusion: Son's Daughters are generally excluded by: * A Direct Son. * Two or more Daughters (unless there is a Son's Son to make them Residuaries). * Important Note (MFLO 1961 - Bangladesh Context): Under the Muslim Family Laws Ordinance 1961, if a son (or daughter) dies during the lifetime of their parent, the deceased son's (or daughter's) children (grandchildren) inherit the share their parent would have received had they been alive. This is a significant departure from classical Sharia where such grandchildren might be excluded by a living direct son. This refined list provides a more precise and accurate representation of the rules, particularly addressing the subtle nuances and the specific context of MFLO 1961. Remember, for any actual inheritance case, it's always best to consult a qualified legal professional specializing in Islamic inheritance.

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