In Islamic inheritance law, the distribution of an estate is meticulously outlined to ensure fairness among heirs. The table below provides a comprehensive overview of how various categories of heirs receive their shares of the estate. It covers primary heirs such as spouses, children, and parents, as well as extended relatives including siblings, grandparents, aunts, uncles, and cousins. Each row in the table details the specific conditions under which each heir inherits and the portion of the estate they are entitled to. This structured approach helps clarify the distribution process, ensuring that all potential heirs receive their rightful shares according to Islamic principles. For precise application and any specific queries related to inheritance, consulting a knowledgeable Islamic scholar or legal expert is highly recommended. But if you found any errors please contact admin@obaidshah.com.
| Heir Category | Condition | Share of Estate |
|---|---|---|
| Spouse (Husband) | Married and has children | 1/4 of the estate |
| Spouse (Wife) | Married and has children | 1/8 of the estate |
| Spouse (Husband) | Married and no children | 1/2 of the estate |
| Spouse (Wife) | Married and no children | 1/4 of the estate |
| Father of the Deceased | Alive, and the deceased has children | 1/6 of the estate |
| Mother of the Deceased | Alive, and the deceased has children | 1/6 of the estate |
| Father of the Deceased | Alive, and the deceased has no children | 1/6 of the estate |
| Mother of the Deceased | Alive, and the deceased has no children | 1/6 of the estate |
| Sons of the Deceased | Alive and the deceased had children | Share the remaining estate after spouse and parents’ shares. Sons receive twice as much as daughters. |
| Daughters of the Deceased | Alive and the deceased had children | Share the remaining estate after spouse and parents’ shares. Daughters receive half of what sons receive. |
| Grandchildren | Parent (Deceased’s Child) is alive | Do not receive direct shares; their potential share is determined by their parent’s share. |
| Grandchildren | Parent (Deceased’s Child) is deceased | Receive the share that would have gone to their deceased parent, distributed according to the rules for children. |
| Brothers of the Deceased | Alive and the deceased had no children, and parents are not alive | Shares the remaining estate, distributed equally. |
| Sisters of the Deceased | Alive and the deceased had no children, and parents are not alive | Shares the remaining estate. Sisters receive half of what brothers receive. |
| Paternal Half-Siblings | No full siblings present | Brothers: Share the estate equally after spouse and parents’ shares. Sisters: Receive half of what brothers get. |
| Maternal Half-Siblings | No full siblings present | Brothers: 1/6 of the estate if no other siblings. Sisters: 1/6 of the estate if no other siblings. Sisters receive half of what brothers get if there are other siblings. |
| Paternal Uncles and Aunts | No direct heirs (children, parents, siblings) alive | May inherit as residual heirs, divided equally. Their specific shares depend on the presence of other potential heirs. |
| Maternal Uncles and Aunts | No direct heirs (children, parents, siblings) alive | May inherit as residual heirs, generally after paternal aunts and uncles. Their shares are often determined by the specific family structure and presence of other relatives. |
| Distant Cousins | No direct heirs (children, parents, siblings) alive and no closer cousins | May inherit as residual heirs if no closer relatives. Their shares are determined based on the family structure and remaining estate. |
| Grandparents (Paternal) | If no direct heirs (children, parents, siblings) alive | Paternal Grandfather: Typically 1/6 of the estate; Paternal Grandmother: Shares in the remaining estate after the grandfather’s share. |
| Grandparents (Maternal) | If no direct heirs (children, parents, siblings) alive | Maternal Grandfather: Typically 1/6 of the estate; Maternal Grandmother: Shares in the remaining estate after the grandfather’s share. |
| One Grandparent Alive | If one of the grandparents is alive and the other is deceased | The surviving grandparent receives a fixed share, often a portion of the estate, depending on other heirs present. |