Muslim Fixed or Prescribed sharer under Islamic succession law

Fixed or Quranic sharers include Spouse, Children, Parents, and siblings in general under Islamic inheritance law. Both men and women inherit (Holy Quran, 4:7), Children inherit (Holy Quran 4:11), Parents inherit (Holy Quran 4.11), and Siblings inherit (Holy Quran 4.176). Those who will obey will be admitted to the garden of Paradise (Holy Quran 4:13), and those who disobey will suffer humiliating punishment (Holy Quran 4.14). So, the expectation is crisp and clear in Islam. You do not need to go further to find out why following a Sunni succession sharer ruling is important. So, Men and Women have similar rights regarding property in Islam. They can own, receive, lease, sell, or use any Halal purpose they want to use the property as soon as they reach puberty and adulthood. Twelve Sunni fixed or prescribed sharers include Husband or Wife, Daughters (or Granddaughters), Father (or Grandfather), Mother (or Grandmothers), Full (real) Sisters and Paternal (half) Sisters, Maternal (uterine) Brothers, and Sisters. The Shares for Granddaughters (i.e., Daughters of Sons how low soever), Grandfather (i.e., Father of Father), Grandmothers (i.e., Mother of Father, Mother of Mother how high soever) derived from Qiyas called analogical deductions. There are six fixed shares 1/2, 1/4, 1/8, 1/3, 2/3 and 1/6. Some scholars have said these shares are half or double 1/4 and 1/3. Is that not simple? Muslim fixed share does not remain fixed all time because of the different combinations of inheritors come into considrations. So, the muslim prescribed share either remain fixed, increased or decreased.

For men there is a share in what their parents and close relatives leave, and for women there is a share in what their parents and close relatives leave—whether it is little or much. ˹These are˺ obligatory shares. - Holy Quran, Sarah An Nisa, Verse 7

The important deduction for the above verses is that both men and women can inherit. There is a share for parents and relatives. Properties of (any kind and nature) small or big do not matter. The shares are obligatory and cannot circumvent or deprive of the inheritance obligation.

Islamic Inheritance inheritors classifications

Assuming that the Husband is left with the Wife alive, Husband’s close relatives will inherit under certain conditions and blocking rules. In this case, eligible inheritors can be classified into four major groups; Spouse, Descendants, Ascendants, and Collateral. Please note the following important.

1. The Husband, wife, son, daughter, father, and mother are the six primary inheritors who are never excluded from succession by any other deceased relative.

2. Four substitute inheritors generally take the place of the primary inheritors in the latter's absence. They are the Sons of Sons how low soever, Daughters of Sons how low soever, the Father of Father how high soever, Mother of Mother and/or Mother of Father how high soever. The mother of Father’s share is subject to different opinions in Sunni Islamic jurisprudence.

3. The secondary inheritors comprise the deceased and Consanguine male relatives' Full, Paternal, and Maternal Siblings. This group of inheritors is subject to certain conditions, blocking rules and differences of opinion in Sunni Islamic jurisprudence.

4. The children, grandchildren, how low soever of the deceased referred above may belong to the surviving spouse or from another marriage of the deceased spouse.

5. The distant kindred can inherit all groups and classes above when fixed and residuary sharers are not alive. One exception to this rule is that distant kindred inherit in the presence of a Husband or Wife under certain conditions.

Prescribed sharer, residuary, and the concept of Radd (i.e., Reduce) and Awal (i.e., Increase) shares are clearly shown in the below representation.

Sunni Fixed sharer

These sharers fall into one of the fixed sharers 1/8, 1/6, 1/3, 1/2, 1/4, and 2/3. However, these Sunni prescribed shares cannot stay fixed in many situations, such as Radd and Awal scenarios. The total share is less than 1 (or 100%) in the Radd situation, and so all shares are increased except Spouse shares to make the total share to be "1 (or 100%)." On the other hand, the Total share is more than 1 (or 100%) in the Awal situation, so all shares are reduced to make the total share 1 (or 100%).

Husband's share

• 1/2 (i.e., One-half) if Wife left with Children, Grandchildren how low soever.

• 1/4 (i.e., One-fourth) if Wife left with no Children, no Grandchildren how low soever.

Wife's share

• 1/8 (i.e., One-eighth) if Wife left with Children, Grandchildren how low soever.

• 1/4 (i.e., One-fourth) if Wife left with no Children, no Grandchildren how low soever.

Daughters' share

• 1/2 (i.e., One-half) for Single Daughter is alive.

• 2/3 (i.e., Two-thirds) for Multiple Daughters are alive.

Sons' share

• iR (Independent Residuary) if no Daughters.

• jR (Joint Residuary) in 2 (Sons): 1 (Daughters) in the presence of Daughters.

Daughters of Sons share

• 1/2 (i.e., One-half) for Single Daughter of Son is alive.

• 2/3 (i.e., Two-thirds) for Multiple Daughters of Sons are alive.

• 1/6 (i.e., One-sixth) for Single Daughter of Son alive in the presence of Single daughter.

Sons of Sons' share

• iR (Independent Residuary) if no Daughter of Son is alive.

• jR (Joint Residuary) in 2 (Sons of Sons): 1 (Daughters of Sons) in the presence of Daughters.

Father's share

• 1/6 (i.e., One-sixth) for Father.

• 1/3** (i.e., One-third) for Father if only Mother (receives 1/6 or One-sixth, which is one-third after Husband's share, i.e., 1-1/2=1/2x1/3=1/6) and Husband (receives 1/2 or One-half) are only alive.

• 1/2** (i.e., One-half) for Father if only Mother (receives 1/4 or One-fourth, which is one-third after Wife's share, i.e., 1-1/4=3/4x1/3=1/4) and Wife (receives 1/4 or One-fourth) are only alive.

• 1/6+iR (Independent Residuary) if no Sons, Sons of Sons how low soever alive.

Father of Father's share

• 1/6 (i.e., One-sixth) for Grandfather (Father of Father) if Father is not alive.

• 1/6 (i.e., One-sixth) for Great Grandfather (Father of Father of Father) if Father and Grandfather (Father of Father) how high soever are not alive.

• 1/6+iR (Independent Residuary) if no Sons, Sons of Sons alive how low soever alive and no Father alive.

Mother's share

• 1/3 (i.e., One-third) for Mother if no Children, no Grandchildren how low soever alive as well as if no Multiple full or Multiple paternal or Multiple maternal siblings alive.

• 1/6 (i.e., One-sixth) for Mother in the presence of children or Grandchildren how low soever as well as if Multiple full or Multiple paternal or Multiple maternal siblings alive

• 1/6** (i.e., One-sixth, which is one-third after the Husband's share, i.e., 1-1/2 = 1/2x1/3 = 1/6) for Mother if only Father (receives 1/3 or One-third) and Husband (receives 1/2 or One-half) are only alive.

• 1/4** (i.e., One-fourth, which is one-third after the Wife's share, i.e., 1-1/4 = 3/4x1/3 = 1/4) for Mother if only Father (receives 1/2 or One-half) and Wife (receives 1/4 or One-fourth) are only alive.

Mother of Mother's share

• 1/6 (i.e., One-sixth) for Mother of Mother if no Mother and no Mother of Father alive.

• 1/12 (i.e., One-twelfth) for Mother of Mother if no Mother but Mother of Father alive.

Mother of Father's share

• 1/6 (i.e., One-sixth) for Mother of Father if no Mother and no Mother of Mother alive.

• 1/12 (i.e., One-twelfth) for Mother of Father if no Mother but Mother of Mother alive.

Full Sister's share*

• 1/2 (i.e., One-half) for Single if no Full Brothers alive.

• 2/3 (i.e., Two-thirds) for Multiple if no Full Brothers alive.

Full Brother's share*

• iR (Independent Residuary) if no Full Sister.

• jR (Joint Residuary) in 2 (Full Brothers): 1 (Full Sisters) in the presence of Full Sisters.

Paternal Sisters' share*

• 1/2 (i.e., One-half) for Single if no Full Brothers and Full Sisters are alive.

• 2/3 (i.e., Two-thirds) for Multiple if no Full Brothers and Full Sisters are alive.

• 1/6 (i.e., One-sixth) for Single in the presence of Single Full Sister

Paternal Brother's share*

• iR (Independent Residuary) if no Paternal Sisters and no Full Brothers.

• jR (Joint Residuary)in 2 (Paternal Brothers): 1 (Paternal Sisters) in the presence of Full Sisters but no Full Brothers.

Maternal Sibling's share*

• 1/6 (i.e., One-sixth) for Single

• 1/3 (i.e., One-third) for Multiple

* - Additional Conditions and Blocking rules may apply for Siblings' share.

** - The Islamic law of succession by Dr. A. Hussain, Page. 169, 171-172, Edition 2005.

The content related to Islamic Inheritance law in this article has been reviewed and endorsed by Dr. Mahir J. (Ph.D.) and Mufti Muhammad Nazir K. (Pursuing Ph.D.)