What it looks like to divide an estate under an Islamic Will (الوصية الإسلامية) (تقسيم التركة شرعا) – Part 2

Continuing from my previous examples, here are a few more examples of potential family arrangements and what the estate split would look like.

Example 1

Relation Each Inherit Comment
2 sons 4/9 Sons and daughters split the remainder 2:1
2 daughters 2/9 Sons and daughters split the remainder 2:1
1 father 1/6 Father gets prescribed 1/6
1 mother 1/6 Mother get prescribed 1/6
Siblings Nil Blocked

 

Example 2

Relation Each Inherit Comment
1 son 7/8 Son receives remainder
1 wife 1/8 Wife gets prescribed 1/8
1 brother Nil Blocked
2 sisters Nil Blocked

 

Example 3

Relation Each Inherit Comment
Mother 1/6 Mother get prescribed 1/6
Husband 1/8 Husband gets prescribed 1/4
3 sons 1/6 Sons and daughters split the remainder 2:1
1 daughter 1/12 Sons and daughters split the remainder 2:1
1 paternal grandmother Nil Blocked
1 brother Nil Blocked
1 sister Nil Blocked

 

To restate what I have mentioned before: As you can see, even when it is broken down like this it can still be quite complicated. It is necessary 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.

Every family is different and therefore would have different needs when it comes to their estate. That is why it is important to address each family separately and make sure that the Islamic Will created matches their specific circumstances.

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