What it looks like to divide an estate under an Islamic Will (الوصية الإسلامية) (تقسيم التركة شرعا) – Part 1

So, you have done some research and read a few articles that explain the rules governing how an estate should be divided under an Islamic Will. But what exactly does that look like? To give it a little bit of context here are a few examples of potential family arrangements and how the estate would be divided under and Islamic Will. Keep in mind these examples assume that the whole estate is divided according the Mawarith Schedule in the Qur’an and the option of gifting 1/3 of the estate is not taken.

Example 1

Relation Each Inherit Comment
Wife 1/8 Wife gets prescribed 1/8
2 sons 7/24 Sons and daughters split the remainder 2:1
2 daughters 7/48 Sons and daughters split the remainder 2:1
3 sons of son Nil Blocked by sons
2 daughters of sons Nil Blocked by sons
1 sister Nil Blocked by sons

 

Example 2

Relation Each Inherit Comment
Mother 2/13 Mother get prescribed 1/6
Husband 3/13 Husband gets prescribed 1/4
2 daughters 8/39 No sons so they share 2/3
1 daughter of daughter Nil Blocked
1 son of daughter Nil Blocked
1 maternal grandmother Nil Blocked by mother
1 brother Nil Blocked

 

Example 3

Relation Each Inherit Comment
Mother 1/6 Mother get prescribed 1/6
Father 1/6 Father gets prescribed 1/6
Wife 1/8 Wife gets prescribed 1/8
1 son 13/36 Sons and daughters split the remainder 2:1
1 daughter 13/72 Sons and daughters split the remainder 2:1
1 paternal grandfather Nil Blocked by father
1 maternal grandmother Nil Blocked by mother
2 brothers Nil Blocked by son and father
2 sisters Nil Blocked by son and father

 

As you can see, even when it is broken down like this it can still be quite complicated. It is important to keep in mind that residual inheritance favours the line of descent through the father’s side (agnation). In the end, all proportions are balanced in a way that the entire estate is divided as it should be.

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