Sharers in Islamic Inheritance Law: Definition, Classes, and Entitlements
Introduction
In Islamic inheritance law, the concept of “sharers” refers to specific heirs who have predefined portions of an estate according to Qur’anic injunctions and Hadith. These heirs are also known as “Ashab al-Furud” in Arabic. This entry examines the different classes of sharers, their respective shares, and the conditions under which they are entitled or excluded from inheritance.
Etymology
The term “sharers” in the context of Islamic inheritance is derived from the Arabic word “فروض” (furood) which translates to “direct portions” or “assigned shares.”
Translations:
- Arabic: الفروض (Al-Furud)
- Turkish: Farz edilen
Categories of Sharers
Primary Sharers
1. Father:
- As Mere Sharer: Takes 1/6 when there is a son or a son’s son.
- As Mere Residuary: Takes the whole estate when there are no other heirs.
- As Sharer and Residuary: Takes 1/6, with remaining shares distributed among daughters and son’s daughters.
2. True Grandfather: Excluded by the father but acts in the father’s place when absent. Does not reduce the mother’s share or exclude the paternal grandmother.
3. Siblings (Half Brothers by Mother):
- As Sharers: Take 1/6 for one brother or 1/3 shared among multiple siblings.
4. Daughters: Take 1/2 for a single daughter or 2/3 among multiple daughters when there are no sons. With sons, they become residuaries taking half of the sons’ shares.
5. Son’s Daughters: Share like daughters when there are no children, taking 1/6 when there is one daughter.
6. Mother: Takes 1/6 when the deceased has children or multiple siblings. Otherwise, she takes 1/3.
7. True Grandmother: Takes 1/6 if the mother has predeceased, with multiple grandparents sharing this portion equally.
8. Full Sisters: Take shares like daughters in the absence of sons and grandsons. With full brothers, they take half of the male’s share.
9. Half Sisters by Father: Take as full sisters if no full siblings exist. With one full sister, they take 1/6.
10. Half Sisters by Mother Only: Take 1/6 for one sister or 1/3 shared among multiple sisters in the absence of children or paternal heirs.
11. Husband: Takes 1/2 if no children exist. Otherwise, he takes 1/4.
12. Wife: Takes 1/4 if no children exist. Otherwise, she takes 1/8. Several widows share equally.
Exclusions
Certain heirs can be excluded by the presence of others who are closer relatives:
- Brothers and sisters are excluded by sons and father’s father.
- Paternal half-brothers and sisters are also excluded by full siblings.
- Maternal half-brothers and half-sisters are excluded by any child or paternal heir.
Return (R) and Residual Shares
In the case of residual shares or return (R) where the primary shares do not exhaust the estate, the unallocated portion goes to the nearest relatives as residuaries.
Recommended Readings for Further Study
- An Introduction to Islamic Law by Joseph Schacht
- The Islamic Law of Inheritance by Abdul Rahman I. Doi
- Islamic Inheritance Laws: Principles and Practices by Ahmed F. Abozaid
Takeaways and Conclusion
The principles of inheritance in Islam ensure a just and balanced distribution of wealth among the heirs, with precise Qur’anic guidelines defining the shares for each eligible relative. Being well-versed in these laws is vital for anyone responsible for administering the estates of deceased Muslims, ensuring that Islamic legal and ethical standards are upheld.
By understanding the detailed mechanics and categories of sharers, one can better appreciate the wisdom and fairness underlying Islamic inheritance law.
This cohesive and comprehensive understanding makes it easier for academics, practitioners, and believers to navigate the complex yet balanced system of inheritance laid down in Islamic jurisprudence.
