Islamic Law of Inheritance Miraath - by

ISLAMIC LAW OF INHERITANCE (MIRAATH)
BY SOLICITOR KATURA
AL-MIRAATH
MEANING, IMPORTANCE AND SCOPE OF AL-MIRAATH
DEFINITION OF AL-MIRAATH
The word "irth" means inheritance, heritage, and bequest. The word “mirath” also means
inheritance. It is derived from “waritha” which means mainly “to inherit”. The person who inherits
is called "Warith", i.e. heir, inheritor, successor .
Allah says in the qur-an “to Allah belongs the Miraath of the heavens and earth” (2:180)
IMPORTANCE OF MIRAATH FROM THE QUR-AN AND SUNNAH
A) Its importance from Qur-an.
1. The legal rulings regarding inheritance have been clearly explained by Allah himself in the
Qur-an, this means he explained all the shares and under what conditions.
2. He also explained those who entitled to get the remainder after all legal shares have taken
their shares leaving very little to be added by the sunnah.
B) Its importance from the Sunnah.
1. Without having the knowledge of Miraath the following Hadith can not be implemented:- “
Give the Faraaidh (shares prescribed in the Qur-an) to those entitled to receive them and
BY SOLICITOR KATURA
whatever remains should be to the closest male relative of the deceased ” The injunction in
this Hadith can not be implemented without having the knowledge of Miraath. This
therefore shows the importance of having the knowledge of Miraath.
VERSES OF INHERITANCE AND GENERAL LESSONS FROM THEM.
A) Allah says “ Allah instructs you concerning your children: for the male, what is equal to the
share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's
estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth
of his estate if he left children. But if he had no children and the parents [alone] inherit from him,
then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after
any bequest he [may have] made or debt. Your parents or your children - you know not which of
them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed,
Allah is ever Knowing and Wise.” (4:11)
B) Allah says “ And for you is half of what your wives leave if they have no child. But if they have a
child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And
for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth
of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves
neither ascendants nor descendants but has a brother or a sister, then for each one of them is a
sixth. But if they are more than two, they share a third, after any bequest which was made or debt,
as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing
and Forbearing.” (4:12).
C) Allah says “ They request from you a [legal] ruling. Say, "Allah gives you a ruling concerning
one having neither descendants nor ascendants [as heirs]." If a man dies, leaving no child but
[only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no
child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are
both brothers and sisters, the male will have the share of two females. Allah makes clear to you
[His law], lest you go astray. And Allah is Knowing of all things.” (4:176).
BY SOLICITOR KATURA
GENERAL LESSONS FROM THE THE VERSES
1. The first lesson - is that the laws concerning inheritance are Allah's laws and
commandments ordained by him and no body has a right to change them, therefore a
Muslim who believes in Allah must abide them whether He/She understanding the logic
behind or not.
2. The second lesson - is that Allah is all knower and all wiser. He knows everything because
is the creator of everything.
Aims of the verses are as follows:-
1. Verse 4:11 - deals with the inheritance of Descendant and Ascendant ( children and
parents.)
2. Verse 4:12 - deals with the inheritance of the two spouses, ( husband and wife ) and the
inheritance of the uterine brothers and sisters (from mother's side).
3. Verse 4:176 - deals with the inheritance of the full brothers and sisters and consanguine
brothers and sisters.
Descendant ( children)
The descendants are of three categories:-

1. Males only – They do not have stipulated shares but they take all the properties and share
them equally among themselves if there are no people with stipulated shares. If there are
people with stipulated shares the male descendants take the remainder and share it equally
among themselves.
2. Females only – In this case if she is alone she takes ½ of the property, but if they are more
than one they take 2/3 of the property and share it equally among themselves.
3. A mixture of male and females – They take all the property if there are no people with
stipulated shares and share it among themselves but male takes twice as much as the share of
the female.
BY SOLICITOR KATURA
Ascendants (Parents)
Ascendants have two situations:-

1. If the deceased left children, males or females each one of the parents gets 1/6 and the
remainder is for the children if they are males, or males and females. But if they are only
females they take their stipulated shares and the remainder if any is taken by the father.
2. If the deceased left no child, the mother will take 1/3, but if the deceased left brothers and
sisters two or more, then the mother gets 1/6 and the remainder will be for the father. And
therefore the brothers or sisters will get nothing.
QUIZ - I
1- Deceased left the following:-
son, daughters and father.
What are their shares?
Answer:- 1- Father – 1/6,

2- Son and Daughter - R (Remainder).

Mother, daughters and sons.
Answer:- 1- Mother - 1/6,


Mother, daughters, sons and father.
Answer:- 1- Father - 1/6

2- Mother - 1/6,
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Mother, father and son.
Answer:- 1- Father - 1/6

2- Mother - 1/6,
3- Son - R (Remainder).

father and daughter.
Answer:- 1- Daughter - ½,
2- Father - 1/6 + R (Remainder).

father and 2 daughters.
Answer:- 1- 2 Daughters - 2/3,

2- Father - 1/6 + R (Remainder).
Spouses (Husband & Wife)
Spouses have two situations:-

1. If the Wife left no child male or female, the Husband gets ½ of the property, but if she left
any child then he gets ¼ of the property.
2. If the Husband left no child male or female, the Wife gets ¼ but if he left any child then the
Wife gets 1/8 of the property.
BY SOLICITOR KATURA
Uterine brothers and sisters
These inherit if the deceased has neither ascendants nor descendants, and they have two situations:-
1. If he or she is one, he or she takes 1/6 of the property.
2. If they are two or more they take 1/3 of the property and share them equally amongst
themselves.
Full and consanguine brothers and sisters
These inherit when there are no offspring, no father and no grand father. They are categorized into
the following:-
1. Males only – They do not have stipulated shares but they take all the properties and share
them equally amongst themselves.
2. Females only – In this case if she is alone she takes ½ of the property, but if they are more
than one they take 2/3 of the property and share it equally amongst themselves.
3. A mixture of male and females – They take all the property and share it amongst
themselves but male takes twice as much as the share of the female.
QUIZ – II
Mother and Father only and the Estate is 15 Million.
Answer:- 1- Mother – 1/3

2- Father - R (Remainder).
3- Estate – 15M
Therefore:-
 The share of the mother is 1/3 x 15M = 5M
 The share of the Father is 15M – 5M = 10M which is the R (Remainder).

Mother, Father and Two Sons and the Estate is 18 Million.
BY SOLICITOR KATURA

2- Father – 1/6
3- Two Sons - R (Remainder).
4- Estate - 18M
Therefore:-
 The share of the Mother is 1/6 x 18M = 3M
 The share of the father is 1/6 x 18M = 3M
 The share of the Two Sons is 18M – 6M = 12M which is the R (Remainder).

Mother, Father and Two full brothers.

2- Father - R (Remainder).
3- Two full brothers – Nothing.

Mother, Father and Daughter.

2- Father – 1/6 + R
3- Daughter – ½

Husband, Mother, Father and Son.
Answer:- 1- Husband – ¼
2- Mother – 1/6
3- Father – 1/6
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4- Son - R (Remainder).
QUIZ – III
Wife, Uterine brother, Uterine Sister and Mother.
Answer:-
1. Wife – 1/4
2. Uterine brother -
3. Uterine sister - 1/3
4. Mother – 1/6

Husband, Full brothers, Full Sisters and Mother.
Answer:-
1. Husband – 1/2
2. Full brothers -
3. Full Sisters - R (Remainder).
4. Mother – 1/6

Wife, Full brother and Mother.
Answer:-
1. Wife – 1/4
2. Full brother - R (Remainder).
3. Mother – 1/3
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Father, Mother, Daughter, and Son. The Estate is 18 Million.
Answer:-
1. Father – 1/6
2. Mother – 1/6
3. Daughter -
4. Son - R (Remainder).
5. Estate - 18M
Therefore:-
 The share of the Father is 1/6 x 18M = 3M
 The share of the Father is 1/6 x 18M = 3M
 The share of the Son and the Daughter is 18M – 6M = 12M R (Remainder).
Whereby the Son takes twice as much as the share of the Daughter as follows:-
Son 2, and Daughter 1,= 2:1= 3.

The share of the Son is 2/3 x 12 = 8M
The share of the Daughter is 1/3 x 12 = 4M
MATHEMATICS FOR SUCCESSION
The mathematics required for Miraath mainly deals with fractions.
DEFINITION OF FRACTIONS
A fraction generally consists of two numbers one at the bottom which is called Denominator and
another one at the top which is called Numerator.
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E.g:- 1/6 means that the whole is divided into 6 equal parts and we are considering only one part
out of 6. 2/3 means that the whole is divided into 3 equal parts and we are considering only two
parts out of 3.
PROPER AND IMPROPER FRACTIONS.
A Proper Fraction – This is that which the Numerator < is less than Denominator.
E.g:- ½, ¼, 1/6, 1/8, 2/3 etc. The value of this Fraction is less than one.
An improper Fraction – This is that which the Numerator > is greater or equal to Denominator.
If the Numerator is equal to Denominator, the value of the Fraction is one.

E.g:- 2/2, 4/4, 6/6.
If the Numerator is bigger than Denominator, the value of the Fraction is greater than one. E.g:-
4/2, 12/4, 9/6.
EQUIVALENT FRACTIONS
This means are Fractions which their values are the same, and this is when the Numerator and
Denominator are multiplied or divided by the same numbers, in this way the actual value of the
fraction does not change.
E.g:- ½ = 2/4 = 3/6 = 4/8 = 8/16 OR 3/4 = 6/8 = 9/12 = 12/16 = 15/20.
LOWEST COMMON MULTIPLE (L.C.M).
L.C.M – This is the Whole number which is divisible by each of the numbers without having
remainder. E.g:- The L.C.M of 5 and 6 is 30 because it is divisible by 5 and 6 without having a
remainder. When we talk about L.C.M We mean collection of three things which are:-
1. Multiples – E.g: When we are asked to find the multiples of 5 and 6. Starting with
Multiples of 5 as follows:- 5 x 1= 5, 5 x 2 = 10, 5 x 3 = 15, 5 x 4 = 20, 5 x 5 = 25, 5 x 6 =
30, 5 x 7 = 35, 5 x 8 = 40, 5 x 9 = 45, 5 x 10 = 50, 5 x 11 = 55, 5 x 12 = 60. Therefore the
BY SOLICITOR KATURA
Multiples of 5 are 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55, 60...................etc. And
Multiples of 6 are as follows:- 6 x 1= 6, 6 x 2 = 12, 6 x 3 = 18, 6 x 4 = 24, 6 x 5 = 30, 6
x 6 = 36, 6 x 7 = 42, 6 x 8 = 48, 6 x 9 = 54, 6 x 10 = 60, 6 x 11 = 66, 6 x 12 = 72.
Therefore the Multiples of 6 are 6, 12, 18, 24, 30, 36, 42, 48, 54, 60, 66, 72..................etc
2. Common Multiples – The Common Multiples of 5 and 6 are those which are in both lists
which are:- 30 and 60.
3. Lowest Common Multiples (L.C.M) – This is a number which is smallest one of those
which are in both lists which is :- 30.
ANOTHER WAY OF FINDING L.C.M IS THROUGH THE TABLE.
Supposed we are given a question to find the L.C.M of 4, 7, 12, 21, and 42.
We draw the Table as follows:-
x 2 2 3 7
4 2 1 1 1
7 7 7 7 1
12 6 3 1 1
21 21 21 7 1
42 21 21 7 1
Therefore the L.C.M is 2 x 2 x 3 x 7 = 84
RATIOS.
These are brothers of Fractions. They can be written as 2 out of 3, or 2 to 3, or 2:3 or as Fraction.
E.g:- 2:3 = 2 + 3 = 5. Therefore in Fraction it is 2/5 and 3/5.
It is important in Miraath to understand Ratios especially when dealing with the inheritance of
Female with a Male of the same degree, whereby the share of the Male is twice as the share of the
Female.
Supposed we are given a question to distribute the shares of children for a Man who died and
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survived by 3 Sons & 2 Daughters and the total sum of the property is 40 Million, but the Male
takes twice as much as the share of the Female.
Answer:-
Children are S1, S2, S3, D1, and D2. The Ratios will be as follows:- 2:2:2:1:1 = 8.
The Fraction of the share each Son is going to be as follows:-
1. S1 - 2/8 X 40 = 2 x 5 = 10 Million.
2. S2 - 2/8 X 40 = 2 x 5 = 10 Million.
3. S3 - 2/8 X 40 = 2 x 5 = 10 Million.
The Fraction of the share each Daughter is going to be as follows:-

1. D1 – 1/8 X 40 = 1 X 5 = 5 Million.
2. D2 – 1/8 X 40 = 1 X 5 = 5 Million.
GENERAL PRINCIPLES OF AL-MIRAATH
A) LIABILITIES ON THE DECEASE'S ESTATE
Before distributing the estate of the deceased among various heirs, it is required first to settle the
following liabilities:-
1. Funeral Expenses – E.g:- Transporting the body, Washing it, preparing grave etc. These
expenses are deducted from the property of the deceased before anything else.
2. Debts attached to the specific property or part of the property – E.g:- Mortgage (Rahan)
and Alms giving (Zakah). The inheritors cant share the property before these liabilities are
settled.
3. Debts which specifically not attached to the property or part of the property – These
are unsettled debts at the time of his death. E.g:- Loans. However that debt remains debt
whether owed to a Muslim or non-Muslim.
4. Wills or Legacies – This include gifts or anything the deceased wished during his lifetime
to be given to the needy, poor or charitable Organization after his death. N:B- The Will
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must not exceed 1/3 of deceased total estate and the Will must not be made for any eligible
heir, but if all heirs consented to Will be made to one of the heirs then it can be executed.
5. Inheritance – What left from the Estate after deducting the above mentioned items is to be
divided amongst the heirs. Whereby the people with stipulated shares are given their shares
first and the remainder if any is given to people with no stipulated shares (Aswaba).
CONDITIONS, GROUNDS AND IMPEDIMENTS FOR

SUCCESSION
A – CONDITIONS FOR INHERITANCE.
1. Ascertainment of death of the deceased – The death of the deceased must be established
beyond doubt, either by real death or by decree of the court in case of a missing person. It is
illegal to start distributing the property of serious ill man on the assumption that he will soon
die.
2. Establishment of the life of the heir at the time of the death of the deceased – It must be
established that the heir was alive after the death of the deceased. This should be beyond any
doubt.
3. Establishment of the relationship which qualifies one to inherit – Inheritance can not
take place in cases of doubtful relationship.
B – GROUNDS OR QUALIFICATIONS FOR INHERITANCE.
1. Nasab – This is the relationship by blood or birth, such as relationship between Father,
Children and Brothers.
2. Nikkah (Marriage) – This refers to a valid marriage recognized by Islamic Law, whereby
any of two partners (Husband and Wife) can inherit the other. It is not necessary that the two
met for sexual intercourse before death.
3. Walah – A person who freed a slave qualifies to be his heirs if he left no heir behind.
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C – IMPEDIMENTS FOR INHERITANCE
1. Slavery – The Muslim Scholars agree that Slavery is the bar of inheritance. That they do not
inherit because whatever they posses belongs to their Masters and they are not inherited
since they do not own anything.
2. Homicide – All Muslim Scholars agree that murderer of his relative or parent does not
inherit from him or her. This is based from prophet says “A murderer does not inherit”
3. Different in Religion – Change the religion will immediately prevent inheritance to occur.
Basing on the Prophet saying “A Muslim cannot inherit a Non-Muslim and a Non-Muslim
cannot inherit a Muslim”. Therefore a Christian or Jewish Wife cannot inherit from her
Muslim Husband but she can be mentioned in the Will (Waswiyyah).
MALE AND FEMALE HEIRS AND SHARES IN INHERITANCE.
A) THE MALE HEIRS
The Male heirs are 10 in summary but 15 in details as shown below:-

No. SUMMARY DETAILS
1. Son 1. Son
2. Son of son however low he is. 2. Son of son however low he is.
3. Father of the deceased. 3. Father of the deceased.
4. Grand father of the deceased however 4. Grand father of the deceased however high he
high he is. is.
5. Brother of the deceased 5. Full Brother
6. Consanguine brother
7. Uterine brother
6. Son of brother of the deceased. 8. Son of full brother of the deceased.
9. Son of consanguine brother of the deceased.
7. Uncle – (Brother of father of deceased) 10. Full Brother of father of deceased.
11. Consanguine Brother of father of deceased
8. Son of Uncle (Son of brother of father of 12. Full Son of brother of father of the deceased.
the deceased) 13. Consanguine Son of brother of father of the
deceased
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9. Husband 14. Husband.

10. Emancipator (Master who freed his slave) 15. Emancipator.
B) THE FEMALE HEIRS
The Female heirs are 7 in summary but 10 in details as shown below:-

N0. SUMMARY DETAILS
1. Daughter of deceased 1. Daughter of deceased
2. Daughter of Son of deceased 2. Daughter of Son of deceased
3. Mother of deceased 3. Mother of deceased
4. Grand Mother 4. Mother of Father
5. Mother of Mother
5. Sister 6. Full Sister
7. Consanguine sister
8. Uterine Sister
6. Wife of the deceased 9. Wife of the deceased
7. Emancipator (Mistress who freed a slave) 10. Emancipator (Mistress who freed a slave)
REMARKS
A) If all Male are present, only three of them inherit. These are:-
1. The Father
2. The Son
3. The Husband
The remaining heirs are completely excluded from inheritance by the Son and the Father.
B) If all Female are present, only five of them inherit. These are:-
1. The Daughter
2. Daughter of Son
3. The Mother
4. The Wife
5. The full sister
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c) If all Female and Male heirs are present, only five of them inherit. These are:-
1. The Father
2. The Mother
3. The Son
4. The Daughter
5. The Husband if the deceased is a Wife or the wife is the deceased is Husband.
TYPES OF BROTHERS AND SISTERS.
There are three 3 types of brothers and sisters, namely:-

1. Full Brothers and Sisters – These are the one who share the mother and father with the
deceased.
2. Consanguine Brothers and Sisters - These are the one who share only father with the
deceased.
3. Uterine Brothers and Sisters - These are the one who share only mother with the
deceased.
TYPES OF HEIRS.
There are two types of Heirs:-

1. As'haab Faraaidh – This refers to those heirs who have specific shares mentioned in the
Qur-an like; Mother, Daughter, Uterine brothers and Sisters and Full sisters.
2. Aswabah – These are those heirs who are entitled for the remainders of the shares, that is to
say after the people of shares have taken their shares. These include Son, Son of son, Full
brothers, consanguine brothers etc.
SHARES MENTIONED IN THE QUR-AN (FARAAIDH).
There are six 6 shares mentioned in the Qur-an and they are as follows:-
1. ½ One half
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2. ¼ Quarter
3. 1/8 One eighth
4. 2/3 two-thirds
5. 1/3 One thirds
6. 1/6 One sixth
SHARES AND THOSE ENTITLED TO RECEIVE THEM
There are two main methods of dealing with shares and those entitled to receive.
1. The First Method – The way of dealing with each individual heir E.g:- Father, Mother,
Son, Daughter and what they entitled as well as conditions which qualify them to get
particular shares.
2. The Second Method – The way of dealing with each particular share E.g:- ½, ¼, 1/6, 2/3,
1/8, 1/3 and the heirs entitled to receive those particular shares as well as conditions which
qualify them to get those particular shares.
A - THE FIRST METHOD
The way of dealing with each individual heir:-
I) Husband – He is entitled to two shares which are:-

1. ½ When deceased died and left no offspring.
2. ¼ When deceased died and left any offspring whether from him or from another man.
II) Wife – She is entitled to two shares which are:-

1. ¼ When deceased died and left no offspring.
2. 1/8 When deceased died and left offspring whether from her or from another wife.
III) Mother – She is entitled to three shares which are:-

1. 1/3 When deceased Son or Daughter died in the following conditions:-
 When Son Or Daughter left no offspring.
 When Son Or Daughter did not have more than one brother or sister.
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 When the issue is not one of the Umariataan.

2. 1/6 When deceased died and left offspring or had more than one brothers or sisters.
3. (1/3 R) When deceased Son or Daughter died in the following conditions:-
 When her daughter dies and survived by Husband, mother, and Father.
 When her son dies and survived by Wife, mother, and father.
When her daughter dies and survived by Husband, mother, and Father.
As in the following Steps:-
1. L.C.M = 6
2. ½ X 6 = 3 for the Husband
3. 1/3 x 6 = 2 for the mother.
4. 3 + 2 = 5 for the Husband and Mother
5. 6 – 5 = 1 Remainder for the Father.
6
Husband ½ 3
Mother 1/3 2
Father R 1
According to the Normal Rule when female inherits with male of the same degree the share of the
male is twice as much as the share of the female, as in the case of sons and daughters, full
brothers and full sisters OR the share of the male and the share of the female are equal, as in the
case of father and mother in the presence of the children.
Therefore this is called for the mother to get (1/3 R) of the Remainder in order to not contradict
with the above mentioned rule in Ummariataani as follows:-
A) When her daughter dies and survived by Husband, mother, and Father.
1. L.C.M = 6
2. ½ X 6 = 3 for the Husband
3. 6 – 3 = 3 Remainder for the mother and father
4. 1/3 R X 3 = 1 Remainder for the mother.
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5. 3 + 1 = 4 for the Husband and Mother

6. Then 6 – 4 = 2 Remainder for the father.
6
Husband ½ 3
Mother (1/3 R) 1
Father R 2
When her Son dies and survived by Wife, mother, and Father.
1. L.C.M = 12
2. 1/4 X 12 = 3 for the Wife
3. 1/3 x 12 = 4 for the Mother.
4. 3 + 4 = 7 for the Wife and Mother
5. 12 – 7 = 5 Remainder for the Father.
12
Wife 1/4 3
Mother 1/3 4
Father R 5
Thus the share of the Father which is (5/12) is slightly above the Mother's share which is (4/12) but
not twice as much as the share of the father. This called for the Mother to get (1/3 R) in order to
comply with the Normal Rule.
B) When her Son dies and survived by Wife, mother, and Father.
1. L.C.M = 12
2. 1/4 X 12 = 3 for the Wife
3. 12 – 3 = 9 Remainder for the mother and father
4. 1/3 R X 9 = 3 Remainder for the mother.
5. 3 + 3 = 6 for the Wife and Mother
6. Then 12 – 6 = 6 Remainder for the father.
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12
Wife 1/4 3
Mother (1/3 R) 3
Father R 6
QUIZ – IV

Father, Mother, Daughter and The Estate is 18 Million.
Answer:-
1. Mother – 1/6
2. Daughter – ½
3. Father – 1/6 + R
4. E – 18 Million
As in the following steps for the shares:-

1. L.C.M = 6
2. 1/6 X 6 = 1 for the Mother
3. ½ x 6 = 3 for the daughter
4. 1/6 x 6 = 1 + 1 R = 2 for the Father.
6
Daughter ½ 3
Mother 1/6 1
Father 1/6 + R 1+1R=2
Therefore:-
a) Daughter 3/6 x 18 M = 9 Million
b) Mother I/6 x 18 M = 3 Million
c) Father 2/6 x 18 M = 6 Million
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Father, Mother, 2 Daughters and The Estate is 24 Million.
Answer:-
1. Mother – 1/6
2. Daughter – 2/3
3. Father – 1/6 + R
4. E – 24 Million
As in the following steps for the shares:-

1. L.C.M = 6
2. 1/6 X 6 = 1 for the Mother
3. 2/3 x 6 = 4 for the two daughters
4. 1/6 x 6 = 1 + 0 R = 1 for the Father.
6
Two Daughters 2/3 4
Mother 1/6 1
Father 1/6 + R 1+0R=1
Therefore:-
a) Daughter 4/6 x 24 M = 16 Million
b) Mother I/6 x 24 M = 4 Million
c) Father 1/6 x 24 M = 4 Million.
IV) Father – He is entitled to three shares which are which are Stipulated shares (Fardh), by
Residuary (Ta'swib) and by both (Fardh & Ta'swib) as follow:-
1. Father inherits stipulated share (Fardh) when there is Son or Daughter, in this case the
father's share is 1/6.
2. Father inherits by residuary (Ta'aswib) when there is no offspring.
3. Father inherits by both (Fardh & Ta'swib) when deceased left only female offspring.
V) Grand Father – The succession of the Grand Father is like that of the Father in his absence,
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except in two situations:-

1. In Ummariataan cases, the mother takes (1/3) of the property when she is with the Grand
Father, yet when she is with the Father she takes (1/3R) of the Remainder. This is because
Mother and Grand Father are not of the same degree.
2. In presence of brothers to the deceased and the place of Father there is Grand Father
There is two different opinions of scholars concerning inheritance in the presence of brothers
to the deceased while at the place father there is Grand father as follows:-
 The Grand Father will inherit with the the brother.
 The Grand Father is exactly or like the father and therefore excludes the brother from
inheritance. And this is the soundest opinion which was from Abu bakar, Aisha, Ibn
Abbas, Ibn Ummar and companions of the Prophet Mohammad (S.A.W).
QUIZ – V
1. Deceased left the following:-

Father, Mother, 1 brother and the Estate is 12 Million
Answer:-
1. Mother – 1/3
2. Father – R
3. Estate – 12 Million.
3
Mother 1/3 1
Father R 2
1 brother X X
Therefore:-
Share of the Mother is 1/3 x 12 = 4 Million
Share of the Father is 2/3 x 12 = 8 Million
Share of the Brother is x (Nothing).
BY SOLICITOR KATURA

Father, Mother, 2 brothers and the Estate is 30 Million
Answer:-
1. Mother – 1/6
2. Father - R
3. 2 Brothers - x
4. The Estate - 30 Million
6
Mother 1/6 1
Father R 5
2 brothers X X
Therefore:-
Share of the 2 Brothers is x (Nothing).

Husband, Mother, Father, 1 brother and the Estate is 18 Million
Answer:-
1. Mother – 1/3
2. Father – R
3. Husband – 1/2
4. 1 Brothers – x
Ummariataan
6
BY SOLICITOR KATURA
Husband ½ 3
Mother 1/3 R 1/3R X 3 = 1
Father R 2
1 Brother X X
Therefore:-
Share of the Husband is 3/6 x 18 = 9 Million
Share of the 1 Brother is x (Nothing).

Wife, Mother, Father, 2 brothers and the Estate is 24 Million
Answer:-
1. Wife – 1/4
2. Mother – 1/6
3. Father - R
4. 2 Brothers – X
12
Wife 1/4 3
Mother 1/6 2
Father R 7
2 Brother X X
Therefore:-
Share of the Wife is 3/12 x 24 = 6 Million
Share of the 2 Brother is x (Nothing).
BY SOLICITOR KATURA

Father, Grand Father, 1 Brother and Mother
Answer:-
1. Mother – 1/3
2. Father - R
3. Grand Father - X
4. 1 Brother – X

Father, Grand Father, 2 Brothers and Mother
Answer:-
1. Mother – 1/6
2. Father - R
3. Grand Father - X
4. 2 Brothers – X
VI) Grand Mother – This includes Grandmother from mother's side (mother of mother), and
Grand Mother from father's side (mother of father). The share of Grand Mother does not change
whether she is one or there are two and above. The Grand mother inherits 1/6 in the absence of
mother.
Mother to the deceased exclude all Grandmothers, whether from her side (mother of mother) or
from father's side (mother of father). However the father only exclude the grandmother from his
side (mother of father).
VII) DAUGHTERS – She inherits by two shares (Fardh) or by (Aswaba bil-ghairi) as follows:-
1. They inherit by Fardh when they do not have a brother with themselves:-
 If they are two or more they take 2/3 of the property.
 If she is alone she takes ½ of the property.
2. They inherit as residuary by others when they are with their brothers, here they share in the
BY SOLICITOR KATURA
ratio of 2:1 or 1:2.
QUIZ – VI

Father, Mother, Grandmother, Son.
Answer:-
1. Father – 1/6
2. Mother – 1/6
3. Grandmother- X
4. Son- R

Father, Mother of mother, Mother of father, Son.
Answer:-
1. Father – 1/6
2. Mother of Mother – 1/6
3. Mother of Father - X
4. Son – R

Father, Mother of mother, Mother of father, Son.
Answer:-
1. Mother - 1/6
2. Mother of Mother - X
3. Mother of Father - X
4. Son – R

BY SOLICITOR KATURA
Grandfather, Mother of mother, Mother of father, Mother of Mother of Mother.

Answer:-
1. Grandfather - R
2. Mother of mother -
3. Mother of father - both they share 1/6.
4. Mother of Mother of Mother – X

Grandfather, Mother of mother, Mother of father, Mother of Mother of Mother, Mother of Mother
of Father, Son.
Answer:-
1. Grandfather – 1/6
4. Mother of Mother of Mother - X
5. Mother of Mother of Father - X
6. Son – R

Grandfather, Mother of mother, Mother of father, Mother of Mother of Mother.
Answer:-
1. Grandfather - R
4. Mother of Mother of Mother - X

Father, Mother, Daughter, Estate 18 Million.
BY SOLICITOR KATURA
Answer:-
1. Father - 1/6 + R
2. Mother – 1/6
3. Daughter – ½
4. Estate - 18 Million
6
Mother 1/6 1
Daughter ½ 3
Father 1/6 + R 1+1=2
Therefore:-
Share of the Mother is 1/6 x 18 = 3 x 1 = 3 Million
Share of the Daughter is 3/6 x 18 = 3 x 3 = 9 Million
Share of the Father is 2/6 x 18 = 3 x 2 = 6 Million
Father, Mother, 2 Daughters, Brother, Estate 13 Million.
Answer:-
1. Father – 1/6 + R
2. Mother – 1/3
3. 2 Daughters – 2/3
4. Brother - X
6
Mother 1/6 1
2 Daughter 2/3 4
Father 1/6 + R 1+0=1
Therefore:-
Share of the Mother is 1/6 x 13 = 2.2 Million
BY SOLICITOR KATURA
Share of the Daughter is 4/6 x 13 = 8.6 Million

Share of the Father is 1/6 x 13 = 2.2 Million

Father, Mother, Daughter, Son, Estate 36 Million.
Answer:-
1. Father - 1/6
2. Mother - 1/6
3. Daughter -
4. Son - Remainder
5. Estate - 36 Million.
6 X3 18
Father 1/6 1 X3 3
Mother 1/6 1 X3 3
Daughter 1/3 X 4 X3 4
Son Remainder 4 2/3 X 4 X3 8
Find Ratio for Son & Daughter

S1 D1
2 : 1=3
2/3 1/3
Therefore:-
Share of the Daughter is 4/18 x 36 = 2 x 4 = 8 Million
Share of the Son is 8/18 x 36 = 2 x 8 = 16 Million
VIII) DAUGHTER OF SON – When we talk about daughter of son it means the one who has died
BY SOLICITOR KATURA
there is her Grandfather.
The inheritance of Daughter of son rotates on two circumstances:-

1. Absence of an offspring higher in rank than they are, and
2. Presence of an offspring higher in rank than they are.
1. In the absence of an offspring higher in rank than they are, their inheritance is like that of the
daughters as follows:-
 They inherit by shares (fardh) when they do not have a brother with them, that is to say so of
son. Which is 2/3 when they are more than one or ½ when she is alone.
 They inherit as residuary by others or with others (Aswaba bil ghair) if they have a brother
with them, that is to say son of son, they get the remainder and share in the ratio of 2:1 Or
1:2.
2. In the presence of an offspring higher in rank than they are, that means offspring can either be
Son of the deceased or Daughter of the deceased, the inheritance is as follows:-
 If the offspring is son of the deceased, that means the Daughter of son is completely
excluded from inheritance.
 If the offspring is the Daughter of the deceased, therefore the daughter of the deceased will
get ½ and the Daughter of the son will get 1/6.
 If the offspring are two or more Daughters of the deceased, therefore these Daughters of the
deceased they will share 2/3 and the Daughter of the Son will have nothing here. Except if
she is with her brother or son of son therefore they become Residuary by others (Aswaba bil
ghair), this means they will get the remainder and share it in the ratio of 1:2.
QUIZ – VII

Father, 2 Daughters, Daughter of Son.
Answer:-
1. Father – 1/6 + R
BY SOLICITOR KATURA
3. Daughter of Son – X

Father, Daughter, 2 Daughters of Son.
Answer:-
1. Father – 1/6 + R
2. Daughter – ½
3. 2 Daughter of son - 1/6

Son and 2 Daughters of Son.
Answer:-
1. Son - R
2. 2 Daughters of Son – X

Father and Daughters of Son.
Answer:-
1. Father – 1/6 + R
2. Daughters of Son - ½

Father, 2 Daughters, Son of son, Daughter of Son and the Estate is 36 Million.
Answer:-
1. Father - 1/6
3. Son of son -
BY SOLICITOR KATURA
4. Daughter of Son - Remainder

6 X3 18
Father 1/6 1 X3 3
2 Daughters 2/3 4 X3 12
Daughter of son 1/3 X 1 X3 1
Son of son Remainder 1 2/3 X 1 X3 2
Find Ratio for Daughter of son & Son of son

D1 S1
1 : 2 =3
1/3 2/3
Therefore:-
Share of the 2 Daughters is 12/18 x 36 = 2 x 12 = 24 Million
Share of the Daughter of son is 1/18 x 36 = 2 x 1 = 2 Million
Share of the Son of son is 2/18 x 36 = 2 x 2 = 4 Million
IX) FULL SISTER – Full sisters inherit either by shares or as residuary by others or as
residuary with others.
a) They inherit by shares on three conditions:-

1. Absence of an offspring for the deceased
2. Absence of a male heir from the ascendants that is to say Father or Grand father.
3. Absence of Full brother.
If Full Sister is one her share is ½ and if they are two their shares is 2/3
b) They inherit as residuary by others in the presence of their brothers (full brother) In this case
BY SOLICITOR KATURA
male takes twice as much as female.
c) They inherit as residuary with others in the presence of female offspring only one or two. In
this case the daughter or daughters will take (½ or 2/3) and the remainder will be taken by the full
sister.
N:B. If there is a male from the descendants (offspring) son or son of son, or if there is male from
ascendants (father or grand father) The Full Sister will be excluded from inheritance.
x) CONSANGUINE SISTERS – The inheritance of consanguine sister is like that of full sister on
conditions that there is no full brother or full sister as follows:-
1. If there is full brother to the deceased the consanguine sister is excluded from inheritance.
2. If there is full sister. That means full sister will get ½ and the consanguine sister will get 1/6.
3. If there is full sister two or more. That means the full sisters will get 2/3 and the
consanguine sisters will get nothing.
xi) UTERINE BROTHERS AND SISTERS – The Uterine brothers and sisters are entitled to
inheritance on two conditions:-
1. Absence of an offspring for deceased

2. Absence of male ascendants that is to say Father or Grand Father.
If there is any male ascendants or offspring for the deceased, the uterine brother or uterine sister
will be excluded from inheritance.
The inheritance of uterine brother or sister is 1/6 if he or she is one and 1/3 if they are two or more,
without the male taking twice as much as the share of the female.
Uterine brothers and sisters exchange with the mother in inheritance, thats when uterine brother or
sister is only one with the mother, uterine brother or sister will get 1/6 and mother 1/3 and they are
more than two or more their share is 1/3 and the share of the mother is 1/6.
BY SOLICITOR KATURA
QUIZ – VIII

Husband, Daughter of son, Full brother, Full sister, Consanguine brother.
Answer:-
1. Husband – 1/4
2. Daughter of son – 1/2
3. Full brother -
4. Full sister - Remainder
5. Consanguine brother – X

Mother, Wife, Daughter of son, Full sister, Estate 48 Million.
Answer:-
1. Mother – 1/6
2. Wife – 1/8
3. Daughter of son – 1/2
4. Full sister - R
24
Mother - 1/6 4
Wife 1/8 3
Daughter of son ½ 12
Full Sister R 5
Therefore:-
Share of the Wife is 3/24 x 48 = 2 x 3 = 6 Million
Share of the Daughter of son is 12/24 x 48 = 2 x 12 = 24 Million
BY SOLICITOR KATURA
Share of the Son of s is 5/24 x 48 = 2 x 5 = 10 Million.

Mother, Daughter, Daughter of son, Consanguine sister.
Answer:-
1. Mother – 1/6
2. Daughter – 1/2
3. Daughter of Son – 1/6
4. Consanguine Sister – R

Father, Mother, 2 Daughters, Full sister.
Answer:-
1. Father – I/6 + R
2. Mother – 1/6
4. Full sister – X
ASWABAH ( THE RESIDUARY ).
In the language of law the word Aswabah means everyone who takes the remainder after the legal
sharers have taken their shares.
Aswabah are divided into three classes. Namely
 Aswabah bi-nnafsi (Residuaries by themselves)
 Aswabah bil-ghair (Residuaries by others)
 Aswabah maal-ghair (Residuaries with others).
A- ASWABAH BI-NNAFSI (RESIDUARIES BY THEMSELVES).
These are every male heirs except the husband and the uterine brothers, e.g:- Son-hood, Fatherhood,
BY SOLICITOR KATURA
Brotherhood, and Uncle-hood.
Rules governing Residuaries by themselves:-

1. If there is only one residuary and the deceased has left no other heirs he obtains all the
properties.
2. If he is with legal shares, he takes the remainder after all legal shares have taken their
shares.
3. If the legal sharers finish all the property he ends up with nothing.
Example.1:-
Deceased left the following:-
Husband, Father and Son.
Answer;-
1. Husband – 1/4
2. Father – 1/6
3. Son - Remainder
12
Husband 1/4 3
Father 1/6 2
Son Remainder 7
Example.2:-
Mother, 2 consanguine brothers and Father.
Answer;-
1. Mother – 1/6
2. 2 consanguine brothers - X
3. Father – Remainder
BY SOLICITOR KATURA
6
Mother 1/6 1
2 Consanguine brothers X X
Father Remainder 5
Example.3:-
Mother, Uterine brother, Uterine sister and Full brother.
Answer:-
1. Mother – 1/6
2. Uterine brother – 1/6
3. Uterine sister – 1/6
4. Full brother – Remainder
6
Mother 1/6 1
Uterine brother 1/6 1
Uterine sister 1/6 1
Full brother Remainder 3
B- ASWABAH BI-LGHAIR (RESIDUARIES BY OTHERS).
These are four women, e.g:- Daughter, Daughter of son, full sister, and consanguine sister. They
become residuaries by their brothers each one of them taking half of what their brothers taking and
in this case they have no fixed shares.
Thus, the daughter becomes residuary by son, daughter of son by son of son, full sister by full
brother, consanguine sister by consanguine brother.
Example.1:-
BY SOLICITOR KATURA

Wife, Full sister, consanguine sister and consanguine brother.
Answer:-
1. Wife – 1/4
2. Full sister – 1/2
3. Consanguine sister -
4. Consanguine brother - Remainder
4 X3 12
Wife 1/4 1 X3 3
Full sister 1/2 2 X3 6
Consanguine sister 1/3 X 1 X3 1
Consanguine brother Remainder 1 2/3 X 1 X3 2
Example.2:-
Daughters, 2 Full sisters, and 1 full brother.
Answer:-
1. Daughters – ½
2. 2 Full sisters -
3. Full brothers - Remainder.
2 X4 8
Daughter ½ 1 X4 4
BY SOLICITOR KATURA
Full sister ¼ X1 X4 1
Full sister Remainder ¼ X1 X4 1
Full brother 1R 2/4 X 1 X4 2

F/S1 F/S2 F/B1
1 : 1 : 2 =4
1/4 1/4 2/4
C- ASWABAH MAA'L GHAIR (RESIDUARIES WITH-OTHERS).
These are only two women namely Full sisters and consanguine sisters. They are residuaries with
daughters or daughters of son. The full sister assumes the position of a Full brother, and
consanguine sister assumes the position of a consanguine brother.
Example.1:-
2 daughters and consanguine sister.
Answer:-
2. Consanguine sister – Remainder
3
2 Daughters 2/3 2
Consanguine sister R 1R
Example.2:-
Daughter and Full sister and Consanguine brother.
BY SOLICITOR KATURA
Answer:-
1. Daughter – ½
2. Full sister - Remainder
3. Consanguine brother – X
2
Daughter 1/2 1
Full sister Remainder 1R
Consanguine brother X X
CLASSIFICATION OF HEIRS
From the Types of heirs which are:-

 As'haabul Faraaidh (stipulated shares)
 Aswabah (Residuaries)
The heirs can be classified into the following:-

1. Those who inherit stipulated shares only, this class include:-
 Husband and Wife (Spouses).
 Uterine brothers and sisters.
 Mother and Grandmother (female ascendants).
2. Those who inherit as residuaries by themselves, this class includes:-
 Son and their sons.
 Full brothers and their sons.
 Consanguine brothers and their sons.
 Uncles and their sons.
3. Those who inherit sometimes with stipulated shares and sometimes as residuaries by
themselves, this class includes:-
 Father
 Grandfather
BY SOLICITOR KATURA
4. Those who inherit either by stipulate shares or as residuaries by others, this class includes:-
 Daughters
 Daughters of son
5. Those who inherit sometimes with stipulated shares, sometimes as residuaries by others and
sometimes as residuaries with others. This class includes:-
 Full sisters
 Consanguine sisters
EXCLUSION (AL-HAJBU) AND DISTRIBUTION OF ESTATE.
EXCLUSION
This is the prevention or denying an eligible inheritor to inherit the whole or or part of his/her share
because of the presence of another inheritor.
TYPES OF EXCLUSION
1. Total exclusion – This refers to complete exclusion of heirs from inheritance due to intermediary
of other heirs closer to the deceased, this exclusion can affect all except those who are close related
to the deceased. E.g:- Mother, Father, Son, Daughter, Husband and Wife.
Example:-
Father, 2 Full brothers and Mother.
Answer:-
1. Father - Remainder
2. Mother – 1/6
3. 2 Full brothers – X
BY SOLICITOR KATURA
6
Mother 1/6 1
Father Remainder 5
2 Full brothers X X
2. Partial exclusion – This refers to exclusion of heirs from inheritance partially on account of
other beneficiaries. This type of exclusion can affect all the heirs with no exceptions.
Example :-
The son partially exclude his Father from getting ½ and getting ¼ after the death of his Mother.
RULES GOVERNING TOTAL EXCLUSION
1. Every heir from ascendants excludes one who is above him/her if he/she is in his/her
category(sex).
 e.g:- father excludes grandfather because he is in his category.
2. Every male heir from descendants excludes whoever is below him, whether he/she is in his
category or not.
 e.g:- The son excludes son of son and daughter of son.
3. Every female heir from descendants, does not exclude whoever is below her, except if
female heirs are more than one then their share is 2/3 in this situation the female heirs below
them drop from inheritance, except if they become residuaries (Aswabah bil-ghair) by their
brothers.
 e.g:- Daughter of son and son of son.
4. Full blood brothers excludes half blood or consanguine brothers but not uterine brothers and
sisters.
Example.1:-
Daughter, Daughter of son and Father.
BY SOLICITOR KATURA
Answer:-
1. Daughter – ½
2. Daughter of son - X
3. Father – 1/6 + Remainder
6
Daughter ½ 3
Father 1/6 + Remainder 1 + 1 R =2
Daughter of son 1/6 1
Example.2:-
2 Daughters, Daughter of son and Father.
Answer:-
2. Daughter of son - X
3. Father – 1/6 + Remainder
6
2 Daughters 2/3 4
Father 1/6 + Remainder 1 + 1 R =2
Daughter of son X X
Example.3:-
Son , Father, Grandfather and Grandmother (mother of mother).
Answer:-
BY SOLICITOR KATURA
1. Son - Remainder
2. Father – 1/6
3. Grandfather - X
4. Grandmother (mother of mother) – 1/6
6
Son Remainder 4
Father 1/6 1
Grandfather X X
Grandmother 1/6 1
Example.4:-
2 Daughters , Father, Daughter of son and Son of son.
Answer:-
2. Father – 1/6
3. Daughter of son -
4. Son of son - Remainder
6 X3 18
2 Daughters 2/3 4 X3 12
Father 1/6 1 X3 3
Daughter of son 1/3 X 1 X3 1
Son of son Remainder 1R 2/3 X 1 X3 2

D1 S1
1 : 2 =3
1/3 2/3
BY SOLICITOR KATURA
DISTRIBUTION OF THE ESTATE
FIRST EXAMPLE
1. LIST OF PROPERTIES OF THE DECEASED.
Property Amount in Shillings
1. Residential house 30,000,000/=

2. House furniture 2,000,000/=
3. Lorry 8,000,000/=
4. Land 10,000,000/=
Total 50,000,000/=
The gross value of the total legacy is Shs 50,000,000/=
2. LIST OF LIABILITIES.
Items Amount in Shillings
1. Funeral Expenses 400,000/=

2. Debts 1,000,000/=
3. Wills 600,000/=
Total 2,000,000/=
Gross value – Liabilities = The Net value.
Net value = 50,000,000 – 2,000,000 = 48,000,000/=

BY SOLICITOR KATURA
3. LIST OF RELATIVES.
Name Relationship
1. Ahmada Mayombo Grandfather

2. Kitaamirike Karim Father
3. Namusisi Zaharah Mother
4. Namuleme Rehema Full sister
5. Nannono Zubeda Consanguine Sister
6. Senfuka Juma Full Brother
7. Nantume Madina Wife (divorced)
8. Semakula Abdul Son
9. Nakabugo Shamiim Daughter
10. Nassaza Christine Daughter (Christian)
11. Aisha Nakkazi Wife
4. SCREENING OF RELATIVES
1. The Grandfather is excluded from inheritance by the Father, because every heir from
ascendants excludes one who is above him/her if he/she is in his/her category(sex).
Therefore the Father excludes Grandfather because he is in his category.
2. Full sister, full brother, consanguine sister are all excluded from inheritance by the Father
and the Son, because every male heir from descendants excludes whoever is below him,
whether he/she is in his category or not. Therefore the Father and the Son exclude every
one who is below them.
3. Nantume (divorced) wife is not entitled to any inheritance because there is no longer
relationship between her and the deceased.
4. The Daughter Nassaza Christine is not entitled to any inheritance because of the difference
in religion.
5. LIST OF ELIGIBLE HEIRS
Name Relationship
BY SOLICITOR KATURA
1. Kitaamirike Karim Father

2. Namusisi Zahara Mother
3. Aisha Nakkazi Wife
4. Semakula Abdul Son
5. Nakabugo Shamiim Daughter
6. DISTRIBUTION OF THE ESTATE
24 X3 72
Father 1/6 4 X3 12
Mother 1/6 4 X3 12
Wife 1/8 3 X3 9
Son 2/3 x 13 X3 26
Daughter Remainder 1/3 x 13 X3 13

D1 S1
1 : 2 =3
1/3 2/3
Therefore:-
1. Share of the Mother is - 12/72 x 48,000,000 = 8 Million
2. Share of the Father is - 12/72 x 48,000,000 = 8 Million
3. Share of the Wife is - 9/72 x 48,000,000 = 6 Million
4. Share of the Son is - 26/72 x 48,000,000 = 17.3 Million
5. Share of the Daughter is - 13/72 x 48,000,000 = 8.7 Million
SECOND EXAMPLE
1. LIST OF PROPERTIES OF THE DECEASED.

BY SOLICITOR KATURA
Property Amount in Shillings

1. Residential House 25,000,000/=
2. Motor car 10,000,000/=
3. Piece of Land 8,000,000/=
4. Money on account 5,000,000/=
5. House furnitures 2,000,000/=
Total 50,000,000/=
2. LIST OF LIABILITIES.
Items Amount in Shillings

1. Debts 1,600,000/=
2. Transporting the body 200,000/=
3. Burial expenses 200,000/=
Total 2,000,000/=
Gross value – Liabilities =The Net value.
Net value = 50,000,000 – 2,000,000 = 48,000,000/=
3. LIST OF RELATIVES.
Name Relationship
1. Mwajina Ally Grandmother
2. Mwanakombo Ramadhani Mother.
3. Lutfiya Mbaruku Daughter.
4. Bwanakheri Juma Daughter of son.
5. Rauhiya Makame Full sister.
6. Mwajuma Shabani Wife.
7. Khamis Mbaruku Son who shot the Father.
BY SOLICITOR KATURA
4. SCREENING OF RELATIVES.
1. Grandmother is excluded from inheritance by the mother, because every heir from
ascendants excludes one who is above him/her if he/she is in his/her category(sex).
Therefore the Mother excludes Grandmother because she is in her category.
2. The son who shot the Father is not entitled to any inheritance. Because the prophet (s.a.w)
said “the killer can not inherit.”
5. LIST OF ELIGIBLE HEIRS
Name Relationship
1. Mwanakombo Ramadhani Mother.

2. Lutfiya Mbaruku Daughter.
3. Bwanakheri Juma Daughter of son.
4. Rauhiya Makame Full sister.
5. Mwajuma Shabani Wife.
6. DISTRIBUTION OF THE ESTATE
24
Wife 1/8 3
Mother 1/6 4
Daughter ½ 12
Daughter of Son 1/6 4
Full Sister R 1R
Therefore:-
1. The share of the Wife is - 3/24 x 48 = 6,000,000/=.
2. The share of the mother is - 4/24 x 48 = 8,000,000/=.
3. The share of the Daughter is - 12/24 x 48 = 24,000,000/=.
4. The share of the Daughter of son is - 4/24 x 48 = 8,000,000/=.
5. The share of the Full sister is - 1/24 x 48 = 2,000,000/=.
BY SOLICITOR KATURA
THANK YOU
WABILLAHI TAWFIQ

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ISLAMIC LAW OF INHERITANCE (MIRAATH)

MEANING, IMPORTANCE AND SCOPE OF AL-MIRAATH

IMPORTANCE OF MIRAATH FROM THE QUR-AN AND SUNNAH

A) Its importance from Qur-an.

B) Its importance from the Sunnah.

VERSES OF INHERITANCE AND GENERAL LESSONS FROM THEM.

GENERAL LESSONS FROM THE THE VERSES

Aims of the verses are as follows:-

The descendants are of three categories:-

Ascendants have two situations:-

Answer:- 1- Father – 1/6,

2- Deceased left the following:-

Answer:- 1- Mother - 1/6,

3- Deceased left the following:-

Answer:- 1- Father - 1/6

4- Deceased left the following:-

Answer:- 1- Father - 1/6

5- Deceased left the following:-

6- Deceased left the following:-

Answer:- 1- 2 Daughters - 2/3,

Spouses (Husband & Wife)

Spouses have two situations:-

Uterine brothers and sisters

Full and consanguine brothers and sisters

Answer:- 1- Mother – 1/3

2- Deceased left the following:-

What are their shares?

Answer:- 1- Mother – 1/6

3- Deceased left the following:-

Answer:- 1- Mother – 1/6

4- Deceased left the following:-

Answer:- 1- Mother – 1/6

5- Deceased left the following:-

2- Deceased left the following:-

3- Deceased left the following:-

4- Deceased left the following:-

Son 2, and Daughter 1,= 2:1= 3.

MATHEMATICS FOR SUCCESSION

The mathematics required for Miraath mainly deals with fractions.

PROPER AND IMPROPER FRACTIONS.

If the Numerator is equal to Denominator, the value of the Fraction is one.

LOWEST COMMON MULTIPLE (L.C.M).

ANOTHER WAY OF FINDING L.C.M IS THROUGH THE TABLE.

Therefore the L.C.M is 2 x 2 x 3 x 7 = 84

The Fraction of the share each Daughter is going to be as follows:-

GENERAL PRINCIPLES OF AL-MIRAATH

A) LIABILITIES ON THE DECEASE'S ESTATE

CONDITIONS, GROUNDS AND IMPEDIMENTS FOR

A – CONDITIONS FOR INHERITANCE.

B – GROUNDS OR QUALIFICATIONS FOR INHERITANCE.

C – IMPEDIMENTS FOR INHERITANCE

MALE AND FEMALE HEIRS AND SHARES IN INHERITANCE.

A) THE MALE HEIRS

The Male heirs are 10 in summary but 15 in details as shown below:-

9. Husband 14. Husband.

B) THE FEMALE HEIRS

The Female heirs are 7 in summary but 10 in details as shown below:-

TYPES OF BROTHERS AND SISTERS.

There are three 3 types of brothers and sisters, namely:-

There are two types of Heirs:-

SHARES MENTIONED IN THE QUR-AN (FARAAIDH).

SHARES AND THOSE ENTITLED TO RECEIVE THEM

A - THE FIRST METHOD