Only ten categories of men may inherit. These are: (1) a son, (2) the son's son, and so on to the youngest generation born; (3) the father; (4) the grandfather and so on to the oldest generation alive; (5) a brother; (6) the son of a brother, and so on to the youngest generation born of that line; (7) the paternal uncle and (8) his son, and so on to youngest generation born of that line; (9) the husband; and (10) the person who set free a slave - in respect of the slave, that is.
In respect of women only seven can inherit: (1) a daughter; (2) the daughter of the son; (3) the mother; (4) the grandmother; (5) a sister; (6) a wife; and (7) a lady who set free a slave.
The inheritance of a husband upon the death of his wife, if she did not leave behind a son or the son of a son, shall be one-half of the total estate. But if she leaves behind a son or the son of a son from the husband or someone else, his share shall be one-quarter of the net estate.
The wife herself shall inherit from her deceased husband one-quarter of the estate if he did not leave behind a son or the son of a son. But if he has a son or a grandson from her or another wife she shall take one-eight of the estate.
The inheritance of a mother from her son shall be one-third if he did not leave behind a son or a grandson or two brothers or more. This case shall be different under two circumstances, that is, in respect of the wife and parents. Under such circumstances, the wife shall have one-quarter and the mother one-third of what is left and the residue shall go to the father. Under a different circumstance, the mother shall have one-third except where the 'awl' formula diminishes her share or where the deceased has a son or a grandson or two brothers or more. Under such a circumstance the mother shall have one-sixth.
The share of a father from his son, if the latter happens to be the only child and without issue, shall be the whole property.
But if the deceased has a son or a grandson, the father's share shall be one-sixth of the estate. But if he has no son and grandson, the share of the father shall be one-sixth and, when those who participated with him are given their share, he shall take the rest of the property.
The share of a son from his deceased father is the whole estate if he is alone, or he can take the whole estate after those entitled to shares are given their share, such as the wife, the two parents, the grandfather and the grandmother. The status of the son's son is the same as that of the son when there is no other son. But if the heirs consist of a son and a daughter, then to the male you give the share of two females. That arrangement shall also be followed when there are numerous daughters as well as when they are small in number. They will inherit the whole estate in this manner, or what is left of it after the share of those who shares has been taken away. The son's son assumes the status of his father when that father is absent, as far as inheritance and the creation of impediments to succession are concerned.
The share of a single daughter of an estate when she is alone is half the estate. When they are two or more, they take two-thirds; no matter what their number is they cannot have anything above two-thirds.
A The daughter of a son of the deceased has the status of the daughter of the deceased himself, when the deceased left no daughter. Similarly the daughters of a son assume the status of the daughters of the deceased, if the deceased himself lacks daughters. When the deceased is to be inherited his own daughter and the daughter of his son, his own daughter shall have half the estate and the daughter of his son one-sixth of it. And these make up two-thirds. This arrangement shall be followed, no matter how numerous the daughters of the son happen to be; they cannot have more than one-sixth when they are not accompanied by a son. What is left is for the agnates. But if the daughters of the deceased happen to be two in number, the daughter of a son shall have nothing from the estate except when they have in their midst a brother. In that case what is left after the share of the daughters shall be shared between them. And the division shall award the grandson the share of two females. That shall also be the case of the son below them; the estate shall be between him and them. It shall also be the case if the daughters of a son inherited along with the daughter the one-sixth left and beneath them there happen to be the daughters of a son or a son happens to be beneath them. The estate shall be between him and his sisters or between him and those above him, that is, his aunts. And this precludes those who inherited two-thirds that is the daughters of a son.
The share of a germane sister shall be one-half of the estate. If they happens to be two or more, they shall take two-thirds of the estate. If there happen to be many brothers and sisters, whether full brothers and sisters or half brothers and sisters, they shall take the whole of the estate and share it, giving to a male the shares of two females. That shall be the procedure whether they are few in number or numerous. The sisters of the deceased when they inherit along with the daughters, have the status of agnates; they inherit what is left, but they are not given any specific shares when inheriting along with daughters. There shall be no share in an estate for brothers and sisters of the deceased when the father of the deceased himself is present or when a son exists or when the son of a son exists. Half brothers in absence of full brothers have the status of full brothers and sisters.
When in the division of an estate a germane sister or consanguine sister exists, the germane sister shall take half the estate and to the remaining consanguine sisters you give one-sixth of the estate. But if the germane sisters are two in number, the consanguine sisters shall be given nothing, except when they are accompanied by a brother. In such an instance, they take the residue which they share by giving a brother the share of two sisters.
The inheritance of a uterine sister or a uterine brother is equal and shall be one-sixth of each one. But if they are many, they take a third of the estate between them, which they divide equally, the share of the male being equal to that of the female. But the presence of a son or his sons or father or paternal grandfather and a brother shall preclude uterine sisters and brothers from inheriting.
A brother shall inherit the whole of the estate if he is alone whether he is germane or consanguine. A brother and a sister or more, whether they are germane or consanguine, take the whole estate which they divide by giving to the male the share of two females. If this is a brother (coexists and) and specific Qur'anic sharer, the share of those with a specific share is taken out first and the rest is given to (the former). Similarly, what is left is taken by brothers and sisters which is divided by giving to the male the share of two females. But if nothing is left, they cannot have anything, except where those with a prescribed share include uterine brothers who have already taken one-third, and there is left a germane brother or male siblings or male and female with them who are germane. Under such circumstances all the uterine brothers have to share their one-third with the germane siblings, and they share it equally. This kind of case is referred to as the 'mushtarikah'.
But if the siblings who remain are consanguine brothers they do not share with the uterine brothers, since they cannot be said to be sharing the same mother. But if the person who remains is a sister or sisters - germane or consanguine - they will then share the estate in accordance with the principle of 'awl' - that is to say everyone will receive her Qur'anic share. If on the other hand there exists one uterine brother or sister, then this cannot be the case of mushtarikah. Then the residue should go to brothers and sisters whether they are males alone, or males and females. But if they are sisters alone, germane or consanguine, they should receive their normal Qur'anic shares, in which case the doctrine of awl should be applied.
The case of the consanguine brother is exactly the same as that of the germane brother in the absence of the latter, except in the case of mushtarikah. Also the son of a brother is like the brother in the absence of the brother whether he is germane or consanguine.
The son of a uterine brother does not inherit.
A germane brother excludes a consanguine brother, who has precedence over to the son of a germane brother. Similarly the son of a germane brother takes precedence over the son of a consanguine brother. And the son of a consanguine brother excludes a consanguine paternal uncle. Further the consanguine paternal uncle excludes the son of a germane paternal uncle. Further, the son of a germane paternal uncle excludes the son of a consanguine paternal uncle. This is so since the nearer excludes the more remote.
The children of sisters, whatever the strength of the blood-tie, do not inherit, nor do the offspring of daughters. The same rule applies to the daughters of the brother, whatever the strength of the blood-tie, and to the daughters of the paternal uncle. Furthermore, the maternal grandfather does not inherit, nor does the paternal uterine uncle. Similarly, a slave or anyone not completely emancipated cannot inherit.
Nor can there be mutual right of inheritance between a Muslim and a non-Muslim. The following persons also do not inherit: the son of the uterine brother, the maternal grandfather, the mother of the mother's father, the father (that is the deceased's father).
Also uterine brothers do not inherit if they coexist with the paternal grandfather, nor can they inherit in the presence of the agnates descendant, male or female. The siblings also do not inherit in the presence of the paternal grandfather.
The heir who caused the death of the deceased intentionally does not inherit in the estate nor in the blood-wit, nor can he inherit in the blood-wit in the case of an accidental killing, but he can inherit from the estate.
Whoever is disqualified from inheriting from an estate cannot himself exclude others.
A woman repudiated three times by her husband who is in his death sickness shall inherit the husband if he dies in that sickness, but the husband himself cannot inherit her. Similarly she can still inherit him, even if it was a single repudiation, if he happens to die from that illness, and even if she has completed her iddah period. In the event of a person in good health repudiating his wife once, there shall be mutual inheritance between them should either of them die before she completes the period of iddah. But there can be no mutual inheritance should either of them die after she completed the iddah period.
Where a man in his death sickness marries a woman and if either should die, there can be no mutual inheritance.
The mother's mother is entitled to one-sixth of the net estate; so is the father's mother. But if they coexist, then they share the one-sixth. But when the mother's mother is nearer in degree then she is given priority, because the share is given to her by the text.
But where the paternal grandmother is nearer in degree, both shall share the one-sixth equally.
According to Malik, more than two grandmothers cannot inherit. He allows only the father's mother and the mother's mother, howsoever high.
However it is reported that Zaid Ibn Thabit allowed three grandmothers to inherit, that is, one from the side of the mother and two from the father's side. They were the mother's mother, the father's mother and the father's father's mother. But it has not been noticed as part of the practice of the rightly guided caliphs to allow more than two grandmothers to inherit.
Where the father's father is the sole surviving heir, he takes the whole property. If (there is also) a son or the son's son then he takes one-sixth. Further, if there are sharers other than brothers and sisters, he is entitled to one-sixth; and if there is any residue left he takes it. But if in addition to the sharers there exist siblings, then the father's father is given one of three alternatives, and he is free to take whichever is more advantageous to him. Either he shares with the siblings, or he takes one-sixth of the net estate, or one-third of the residue. But if there are no others with him other than siblings, then he shares along with them as a brother along with two brothers or four sisters. But if they are more in number then he takes one-third where there are siblings, except where it is more advantageous to him if he participates as a brother.
Where there are consanguine brothers the father's father alive in the absence of germane brothers, they are all counted as germane. If all are present then the consanguine brother is counted in the distribution of the estate, and when shares have been apportioned the consanguine brother's share is given to the germane brother, so as to reduce the father's father's share, since the germane brothers have a better right than the consanguine brothers. But where the father's father and a germane sister, a consanguine brother of a consanguine sister or a brother and a consanguine sister are alive, in this case the germane sister will take her one-half from the combined shares of the brothers and sisters, and the residue is shared between the consanguine brothers and sisters. It should be noted here that the presence of the father's father cannot raise the shares of the consanguines, except in the case of 'al-gharra', which will be explained later on.
The master who has set free a slave is entitled to the whole estate of his freed slave, if he is the only surviving heir, whether the patron is male or female. But if the patron and also the prescribed sharers are alive, then these sharers take their shares and the residue is given to the patron. A patron does not inherit in the presence of an agnates residual heir. However, he is preferred to the cognates, who are not allotted shares in the Holy Qur'an.
Women patrons cannot inherit their clients, except those they emancipated themselves or through the agency of those they emancipated themselves through birth or emancipation.
Where there exist a number of those having prescribed shares, and their fractional shares add up to more than a unit, their shares are reduced proportionately, and the estate is divided by employing the principle of 'awl'.
The principle of 'awl' does not allow the share of the sister when she and the father's father are alive except in the case of 'al-gharra'.
This is where a woman dies leaving her husband, her mother, her germane or consanguine sister and her father's father. In this case the husband is entitled to a half, the mother takes one-third and the grandfather takes one-sixth. Now when the estate is exhausted, through the principle of 'awl', the sister takes a half which is three; this is added to the share of the father's father. The sum total of the two shares is then divided between the father's father and the sister, giving one-third to the sister and two-thirds to the father's father. Thus, the fractional shares add up to twenty-seven shares.