Allah says (interpretation of meaning): "Allah (thus) directs

Inheritance you as regards your Children's (Inheritance): to the male, a

portion equal to that of two females..." revise verse 11, 12,
The system of inheritance in Islam : is a just and natural one. That is 176 from surat An-nisaa'. Narrated Ibn Abbas -may Allah be
because it is the rules outlined by God Himself. Adhering to it promotes
solidarity between family members. The inheritance is distributed in an
Table pleased with him-.
The Prophet said, "Give the Fara'id (the shares of the
utterly just manner, eliminating disputes. It is also motivates one to inheritance that are prescribed in the quran) to those who are
earn money in order to save it for his heirs.
entitled to receive it. Then whatever remains, should be given
to the closest male relative of the deceased " agreed upon.
And narrated Abu Huraira may Allah be pleased with him-:
spouses

If her husband has If wife has no the prophet peace be upon him said : "Learn the fara'id (laws
no descending heirs descending heirs of inheritance) and teach it, for it is half of knowledge and it is
wife husband (easily) forgotten, and it is the first thing to be taken from my
If her husband has If wife has nation" Ibn Majah and Daraqutni.
descending heir descending heirs
(co-wives share the fixed amount i.e. fard)

(In the two Omari cases)

In presence of male No descendant heirs nor
In presence of father,
Siblings inheriting in descendant heir. sharing with multiple siblings
rest
mother and either spouse. rest
presence of grandfather
In presence of female Father Father gets remaining Mother gets remaining Mother
There is a difference of opinion on ⅔ after spouse gets ⅓ after spouse gets
descendant heir
Ascendants

whether or not full siblings and paternal prescribed share. prescribed share
siblings inherit in the presence of the No descendant heirs at all In presence of descendant
grandfather: Does he take the status of (i.e. takes rest of inheritance after heirs or multiple siblings
their father blocking them from fixed portion is distributed- via
inheriting, or is he regarded as a brother ta’seeb (self) -) Father blocks his mother according
therefore sharing the inheritance, to most scholars (jumhoor)
receiving maximum possible share
amongst them? As for maternal In presence of male
brothers and a full brother's son and his descendant heir. Grand Grand
descendants the grandfather blocks
Grand
them- unanimously. That is why the In presence of female Father Mother Mother
lines from the grandfather is continuous descendant heir Paternal Paternal Maternal
and discontinuous.
No descendant heirs at all
(i.e takes rest of inheritance vie
ta'seeb (self) as long as no full or
paternal brothers are present who Either grandmother gets ⅙ , if both
would share the rest with him are present they share it equally.
according to one of the views)

If no sharing, or ‘aasib. Important

note

If two or more present, Daughter Son All inheritors get their stipulated share under the
Descendents

and no ‘aasib. conditions, and as long as no one else blocks it. The
Sons inherit with daughters, For the remaining blocker is the source of the red arrow, and the one
If the daughters take up the ⅔ males inherit double the son, via ta’seeb – blocked is the one whom the arrow points to. The
then son’s daughters don’t female, ta’seeb by others (self) , as long as his letter B signifies the deprivation block. For example,
inherit unless there is a ‘aasib, sister is not with him the mother's siblings are blocked by the father,
which is the son’s son grandfather and all descendent heirs. The
discontinuous arrow signifies the difference of
If no daughter, no sharing, opinion, as in the blocking of a father of his mother, or
nor ‘aaisb blocking in special cases, as in the blocking of a sister
Son’s Son’s of her paternal brother. Notice also that all those who
Son’s daughters share if there daughter have an intermediate between them and the deceased
is no daughter or ‘aasib son are blocked by that intermediate, except for the
Son’s sons inherit with son’s mother's siblings for they inherit with her even though
With one daughter, and no daughters, males inherit double For the remaining she is the intermediate between them and the
‘aasib, and they share the the female –ta’seeb by others. son’s son, via ta’seeb deceased.
sixth if multiple sisters (self), as long as his
present sister’s not with him
If no daughter nor son's daughter
present, and no sharing or ta'seeb.

If only maternal brother, If two or more present, without

'aasib, they share equally.
or only maternal sister Maternal
Full brother Inherit together, double for Full sister
Siblings male (ta’seeb by other) If daughter or son's daughter
Each one of those receives remainder after fard via ta'seeb (by self) unless blocked by previous one.

If two or more present they present, she gets remainder via

share the third equally ta'seeb (with others).
If the full sister inherits with the daughter or the son's
daughter - via ta'seeb (with others)- she is given the
status of the full brother, so blocks whom he blocks.
If no daughter or son's daughter nor
paternal sister nor sharing or ta'seeb.
Stages of
Inheritance Full brother’s Paternal
Inherit together, double for
son sister If two or more and no paternal
male - via ta'seeb (by other). sister or 'aasib, they share equally
When the amount of inheritance is determined, after
Footnotes

distributing the rights due, the eligible inheritors are to If paternal sister inherits with daughter or son's daughter
- via ta'seeb (with others)- she takes the status of the She gets ⅙ if paternal sister
be determined as well as the amount they will receive. Paternal paternal brother so she blocks whom he blocks. present, to complete the ⅔s
The process is organized as follows: brother
1- Giving the fixed amounts (fard) first If daughter or son's daughter present
2- If there is a remainder, then ta'seeb takes place. and no paternal sister then she inherits
remainder via ta'seeb (with others)
3- If there are no remaining people for ta'seeb to take
Paternal
place, the remainder is returned to the fixed inheritors
brother’s son Types of
according to their defined amounts excluding the spouses
Inheritance
as it is not returned to them except at a later stage.
4- If no preliminary inheritors nor ta'seeb is present, then Inheritance occurs either by a fixed amount (fard) or
it transfers to kinship, such as maternal uncles, paternal Full uncle
unfixed (ta'seeb). It is possible to join between the
aunts and others. Each one is given the status of the (paternal)
two but does not always occur. One can also be
intermediate between them and the deceased. So the
maternal uncle takes the status of the mother, taking into blocked completely from inheriting. The letter T
consideration the rulings of full and partial blocking. Father’s paternal signifies ta'seeb and it is of three types:
5- Remainder goes to either spouse, if none of the above brother 1- Ta'seeb - by self-: One inherits all the money if
are present. they are isolated, or the remainder after all fard is
distributed.
Full paternal 2- Ta'seeb -by others-: The brother causes ta'seeb to
uncle’s son
his sister, so both inherit, but male receives double
the female.
Father’s paternal 3- Ta'seeb - with others-: Sisters take remainder after
Prepared & designed by daughters or son's daughters receive their fard.
brother’s son
Dr. Abdelkader Djafer
Email:[email protected]
Translated by
[email protected]