Residuaries in Islamic Inheritance Law: Definition, Types, and Rules

Residuaries in Islamic Inheritance Law

Definition

Residuaries (عصبات, Asabat in Arabic, “Mirasçı” in Turkish) are heirs in Islamic inheritance law who inherit the remaining estate after the fixed shares (fara’id) are distributed among the primary heirs. These residuary heirs are ranked based on their relationship to the deceased, and they inherit according to well-defined rules articulated in classical Islamic jurisprudence.

Types of Residuaries

A. Residuaries in Their Own Right

These are male heirs related directly to the deceased, with no female intervening in the line of relation.

1. Descendants

   • Son
   • Son’s son
   • Son’s son’s son
   • Son of Son’s son’s son

2. Ascendants

   • Father
   • Father’s father
   • Father’s father’s father

3. Collaterals

   • Full brother
   • Half brother by father
   • Son of a full brother
   • Son of a half brother by father

Note: A nearer residuary in the hierarchy takes precedence over a more remote one.

B. Residuaries in Another’s Right

Certain females become residuary in combination with a male parallel to them, but in the absence of such males, they are entitled only to specific legal shares. These female residuaries take half of what their parallel male heirs would inherit.

• Daughter made residuary by the presence of a son.
• Son’s daughter made residuary by the presence of son’s son.
• Full sister made residuary by full brother.
• Half sister by father made residuary by her brother.

C. Residuaries with Another

Certain females become residuaries in the company of other females.

• Full sisters with daughter or daughter’s son.
• Half sisters by father in the presence of brothers.

Protocols of Inheritance Distribution

1. Preference by Proximity: A nearer residuary excludes more remote ones unless they are of the same proximity, in which case they share equally.
2. Whole Blood Exclusion: Whole blood siblings take preference over half-blood siblings.
3. Exclusion and Preference: Among residuaries, certain conditions like propinquity to the deceased grant preference.

Additional Rules

• A posthumous child (a child born after the father’s death) is still entitled to inherit.
• In situations with no clear survival order, commorients (those presumed to die simultaneously) are treated as having perished at the same time unless proven otherwise.
• If there are neither sharers nor residuaries, the property goes to distant kindred.

Etymology

• Arabic: عصبات (Asabat)
• Turkish: Mirasçı

Suggested Books for Further Studies

1. “Islamic Inheritance Law: An Overview of Islamic Law” by Yusuf Al-Qaradawi
2. “The Islamic Laws of Inheritance” by Mirza Hossein Ebrahimian
3. “An Introduction to Islamic Law” by Joseph Schacht

Takeaways and Conclusion

Residuary heirs play a crucial role in the distribution of an estate in Islamic inheritance law. Understanding the detailed hierarchy—descendants, ascendants, and collaterals—and how different types of residuaries are designated, is essential for correctly applying the principles of Islamic jurisprudence. Following these prescribed laws ensures justice and adherence to the divine directives in the Holy Quran and Hadith.

In conclusion, Islamic inheritance law is deeply structured and aims at equitable distribution, preserving family ties and ensuring social justice within the community.