A set of rudimentary concepts relevant to Islamic Law of Inheritance has been involved in the slides.

1. By M Jamshed Khilji
LLB (Hons) Semester 6th
University Law College,
Quetta

2.  Introduction
◦ Pre-Islamic rules of inheritance
◦ Post-Islamic rules (Quranic rules)
◦ Typology of Heirs
◦ Distribution rules
 Distribution of estate of Deceased
◦ Sharers
◦ Residuary
◦ Distant Kindred (not the part of slides)
 Conclusion

3. Pre-Islamic rules Post-Islamic rules
• Females were deprived
of inheritance
• Minors had no share in
inheritance
• Adopted son(s) had
share in inheritance
 Females were given due
rights in inheritance
 Islam recognized even
the “child in womb”rights
in inheritance
 Adopted son can only
have share if given
through wassiyah (will)
upto 1/3rd

4. Distant Kindred
Zaawil Arhaam
They are the uterine heirs
Their shares are not
fixed
They are 17 in number
Residuary
Asaabat
They are the Agnatic Heirs
Their share varies i.e. Not
fixed as sharers
They are 18 in number
Sharers
Zaawil Furooz
They are the Quranic
Heirs.
They have prescribed
shares
Their shares occur in
fractions
They are total 12 in
number

6. Males Sharers
•Husband
•Father
•True Grandfather (hhse)
•Uterine Brother
Female
Sharers
• Wife
• Mother
• True Grandmother
• Daughter
• Son’s Daughter
• Uterine Sister
• Full Sister
• Consaguine Sister

7. The shaded relations show that they can’t be blocked; however, they can block or affect other
relations.
It is a 5 generation chart showing the ascendants descendants and collaterals of deceased.

8.  Following are the 6 sharers who are always
entitled to a share i.e. No one can block them
as diagrammed in the previous slide with
green shades:
◦ Child i.e. Son or daughter
◦ Father
◦ Mother
◦ Husband
◦ Wife

9. Sharer Prescribed Shares
1. Husband 1/2 1/4
2. Father 1/6
3. Grandfather 1/6
4. Uterine Brother 1/6 1/3
5. Wife 1/4 1/8
6. Mother 1/6 1/3
7. Grandmother 1/6
8. Uterine Sister 1/6 1/3
9. Full Sister 1/2 2/3
10. Consanguine Sister 1/2 2/3
11. Daughter 1/2 2/3
12. Son’s Daughter 1/2 2/3

10.  Father : 1/6
 Mother : 1/6
 daughters: 2/3
 The above mentioned have fixed shares as stated in the
Holy Quran. The father has only one possible share i.e.
1/6. Mother has 2 possible shares. She is given 1/6 in this
illustration because of the children of deceased (daughters
in this case). The daughters have 2 possible shares as
described in the table. She is given 2/3 because of
multiple daughters. If the deceased had only one
daughter, she would have got 1/2 and the whole situation
would change.

11.  If there are no sharers, or if there are sharers, but
there is a residue left after satisfying their claims,
the whole inheritance or the residue goes to it.
 The residues are related through a male i.e. they
are agnatic heirs. In simple words, the
relationship between the residue and the
deceased is joint by a male. The uterine relations
(brother, sister) are related to deceased through
female i.e. Mother; therefore, they are not
amongst the residue.

12. The Collaterals
Collaterals of deceased with blue colours
Collaterals of father with yellow colours
The Ascendants
With red colours
The Descendants
With green colours in following slide

13. 1. Son
2. Son’s Son
3. Father
4. True Grandfather (hhse)
5. Full Brother
6. Full Sister
7. Consanguine Brother
8. Consanguine Sister
9. Full Brother’s Son
10. Consanguine Brother’s Son
11. Full Brother’s Son’s Son
12. Consanguine Brother’s Son Son

14. 13. Full Paternal Uncle
14. Consanguine Paternal Uncle
15. Full Paternal Uncle’s son
16. Consanguine Paternal Uncle’s son
17. Full Paternal Uncle’s son’s son
18. Consanguine Paternal Uncle’s son’s son
The above mentioned are the residuary in preferential
order i.e. If residuary no. 1 isn’t present, residuary no. 2
will be inheriting and so on up to residuary no. 18.

15.  Husband : 1/4 (because of children)
 Grandfather: 0 ( because excluded by father)
 Father: 1/6 ( as sharer and not residue because residue no. 1 is
present and he’s not entitled because he is residue no. 3 and will be given
when the upper residues aren’t present)
 Son: 2/3 of 7/12 i.e. 7/18
 Daughter: 1/3 of 7/12 i.e. 7/36

16.  Explanation:
 The above illustration is a bit complicated. However, if the
rules are followed, it is easy to solve:
 It has to be kept in mind that a daughter becomes a residue
in presence of a son. The wisdom behind this lies in the fact
that if she becomes a sharer in presence of son, the whole
inheritance would be distributed amongst them and a son
would get nothing.
 The rules of exclusion has to be learned by heart as who is
excluded by whom. Likewise, in the present illustration
grandfather is excluded by father as he is nearer in relation
to the deceased.
 Moreover, when any other highest residue (stated in residue
list) is present, the lowest isn’t entitled as a residue. For
instance, if residue no. 10 is present as well as residue no. 4
is present, residue no. 4 will exclude residue no. 10 entirely.

17.  As stated earlier, in presence of son, daughter becomes a
residue and not a sharer. Hence, the remaining estate or
residue will be distributed in 2:1 amongst them. Giving the
double to the equal degree male and single to the female.
 In the present illustration, when the claims of the sharers (
husband, father ) are satisfied by giving them 5/12, we get
in the residue 7/12 which has to be distributed amongst
the son and the daughter. The son getting 2/3 and
daughter getting 1/3 of 7/12.
 Having distributed the inheritance, the whole sum must be
equal to unity i.e. 1 or else the problem of aul or radd will
arise which has its own rules. In our illustration, we get
unity when the sharers and residues get their inheritance.

18. The slides cover the very basics of the inheritance. The
distant kindred has intentionally not been included as it will
be problematic when the basics are not learnt. The
illustrations should be practised so that one may grasp a
command on the distribution of inheritance.

19. Best wishes for the quizzes/mids/finals ...