Mirath - The Laws of Islamic Inheritance

Note: In the details of the father, that are mentioned under the Dhawil-
Fur[}, one may notice that he has an allotment of 1/6 and residue. The
benefit of this is that in the situation that there is any residue left after
he and the other Dhawil-Fur[} have been given their share, their
would be no dispute in him getting it. The 1/6 has been mentioned for
the opposite situation, where a father may be bereft if there is no
residue left. This will become apparent in the ensuing pages.
Note: Some may argue that the father may be more deserving than the
children and it is unfair to give him (and also the mother only one sixth)
if children are present. There are two ways of answering this point; one
is that the command of All\h is present and offers the reason:
You know not, whether your parents or your children
are nearest to you in benefit.
These are settled portions ordained by All\h,
and All\h is all knowing, all wise. al-Qur’\n 4:11
The second answer brings us back to the point that Isl\m enforces a
complete system of responsibilities which include the welfare of the
elderly, of women and of children, as well as each other at the time of
need. This would mean that even if the children get the majority of the
estate (let us not forget that the father/grandfather are not made bereft
by them - but they do still have a considerable share), they still are
required to provide for and maintain their parents, grandparents and
uncles and aunts (even those who do not inherit).
The Descendants Of The Father
The descendants of the father are the brothers and consanguine
brothers and their sons. This is the third most deserving category of
residuary heirs.
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