Inheritance (2)

Although it is not easy to follow it out in all its intricacies, a carefully drawn table on the Sunni  law of inheritance is given hereinafter: -

A. – Legal Heirs And Sharers               

1. Father

As mere sharer, when there is a son or a son’s son, how low soever, he takes 1/6. As mere residuary, when no successor but himself, he takes the whole: or with a sharer, not a child or son’s child, how low soever, he takes what is left by such sharer. As sharer and residuary, as when there are daughters and son’s daughter but no son or son’s son, he, as sharer, takes 1/6; daughter takes 1/2, or two or more daughters 2/3; son’s daughter 1/6; and father the remainder.

2. True Grandfather

Father’s father, his father and so forth, into whose line of relationship to the deceased no mother enters, is excluded by father and excludes brothers and sisters; he comes into father’s place when no father; but does not, like father, reduce mother’s share to 1/3 of residue, nor entirely exclude paternal grandmother.

3. Half Brothers by Same Mother

They take, in the absence of children or son’s descendants and father and true grandfather one 1/6, two or more between them 1/3, being those who benefit by the “return”.

4. Daughters

When there are no sons, daughters take on 1/2 two or more 2/3 between them; with sons they become residuaries and take each half a son’s share, being in this case of those who benefit by the “return”.

5. Son’s Daughters

They take as daughters when there is no child; take nothing when there is a son or more daughters than one; take 1/6 when only one daughter; they are made residuaries of male cousin, how low soever.

6. Mother

The mother takes 1/6 when there is a child or son’s child, how low soever, or two more brothers or sisters of whole or half blood; she takes 1/3 when none of these: when husband or wife and both parents, she takes 1/3 of the remainder after deducing their shares, the residue going to father: if no father but grandfather, she takes 1/3 of the whole.

7. True Grandmother

Father’s or mother’s mother, how high soever; when no mother, she takes 1/6; ! if more than one, 1/6 between them. Paternal grandmother is excluded by both father and mother; maternal grandmother by mother only.

8. Full Sisters

These take as daughters when no children, son’s children how low soever, father, true grandfather or full brother; with full brother, they take half share of male; when daughters or son’s daughters, how low soever, but neither sons, nor father, nor true grandfather, nor brothers, the full sisters take as residuaries what remains after daughter or son’s daughter has had her share.

9. Half Sisters by Same Father

They take as full sisters, when there are none; with one full sister they take 1/6; when two full sisters, they take nothing, unless they have a brother who makes them residuaries and then they take half a male’s share.

10. Half Sisters by Mother Only

When there are no children or son’s children, how low soever, or father or true grandfather, they take one 1/6; two or more 1/3 between them.

11. Husband

If no child or son’s child, how low soever, he takes ½; otherwise ¼.

12. Wife

If no child or son’s child how low soever, she takes ¼; if otherwise, 1/8. Several widows share equally.

Corollary      

All brothers and sisters are excluded by son, son’s son, how low soever, father or true grandfather. Half brothers and sisters on father’s side are excluded by these and also by full brother. Half brothers and sisters on mother’s side are excluded by any child or son’s child, by father and true grandfather.

B. – Residuaries

I– Residuaries in their own right, being males into whose line of relationship to the deceased no female enters.