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Mirath - The Laws of Islamic Inheritance

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Scenario<br />

No.<br />

1<br />

Proportion<br />

1/4<br />

Allotment Caused By<br />

Prevailing Allotment<br />

Additional<br />

Details<br />

If husband was<br />

polygynous then all<br />

current wives will<br />

share one allotment<br />

between themselves<br />

2<br />

1/8<br />

Son, Daughter,<br />

Grandson, Granddaughter<br />

Children may even be<br />

from a previous<br />

marriage<br />

F\{imah _________________________________________________________<br />

Wife Father Mother Brother<br />

1/4 Residue<br />

F\{imah _________________________________________________________<br />

Wife<br />

1/8<br />

Son<br />

Daughter<br />

Note: <strong>The</strong> wife’s (or wives’) presence does not affect the allotments <strong>of</strong><br />

any other heir.<br />

2. Mother<br />

“If no children, and the parents are heirs,<br />

the mother has a third,<br />

If the deceased left siblings,<br />

the mother has a sixth.” al-Qur’\n 4:11<br />

<strong>The</strong> mother <strong>of</strong> the deceased has three separate allotments depending<br />

on the circumstance. Two allotments have been mentioned in the<br />

above verse. <strong>The</strong> third allotment is to ensure that the mother gets an<br />

allotment proportionate to that <strong>of</strong> the father.<br />

27

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