Fixed-Share Heirs (Ashab al-Furud) in Islamic Inheritance
Who Are the Ashab al-Furud?
The Ashab al-Furud (fixed-share heirs) are the heirs whose portions of the estate are explicitly defined in the Quran or authenticated Sunnah. Unlike residuary heirs (asabat) who take what remains after these shares are satisfied, the fixed-share heirs receive their prescribed fractions first. The Quran specifies six fractions as fixed shares: one-half (1/2), one-quarter (1/4), one-eighth (1/8), two-thirds (2/3), one-third (1/3), and one-sixth (1/6). Twelve categories of heirs are entitled to receive these shares under the right circumstances.
The Husband
The husband inherits one-half (1/2) of his wife's estate if she dies with no children or grandchildren (through a son). He receives one-quarter (1/4) if she leaves children or grandchildren. Allah (SWT) says: "And for you is half of what your wives leave if they have no child. But if they have a child, for you is one-quarter of what they leave" (4:12). The husband is never completely excluded from inheritance; no hajb can eliminate him from his wife's estate, though it can reduce his share.
The Wife or Wives
The wife (or wives collectively) receives one-quarter (1/4) of the husband's estate if he leaves no children or grandchildren, and one-eighth (1/8) if he does. If there are multiple wives, they share the applicable fraction equally among themselves. Allah says: "And for the wives is one-quarter if you leave no child. But if you leave a child, then for them is one-eighth of what you leave" (4:12). Multiple wives do not multiply the share โ all wives together receive the fraction that a single wife would receive.
The Daughter
A single daughter receives one-half (1/2) of the estate in the absence of a son. Two or more daughters together receive two-thirds (2/3), shared equally. Allah says: "Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two-thirds of one's estate" (4:11). In the presence of a son, the daughter does not receive a fixed fraction but instead takes as a residuary heir alongside him โ the male receiving double her share.
The Father
The father's share depends on the presence of children. If the deceased leaves children or grandchildren (through a son), the father takes one-sixth (1/6) of the estate as a fixed share, as established in verse 4:11. If there are no children or grandchildren, the father takes the entire estate as a residuary heir after the fixed-share heirs receive their portions. The father can also simultaneously be a fixed-share heir (taking 1/6) and a residuary heir (taking what remains) in the same estate when the fixed shares do not exhaust the estate. The father is never completely excluded.
The Mother
The mother receives one-third (1/3) of the estate when there are no children or grandchildren and no plurality of siblings. She receives one-sixth (1/6) in the presence of children or grandchildren, or when the deceased has two or more brothers or sisters. There is also a special case known as the Umariyyatain (the two Umari cases): when the heirs are only the husband (or wife), the mother, and the father, the mother takes one-third of what remains after the spouse's share, not one-third of the total estate. This was established by the ruling of Umar ibn al-Khattab (RA) and confirmed by the scholarly consensus of the companions.
The Grandfather, Grandmother, and Siblings
The paternal grandfather inherits in the absence of the father, taking the father's shares. The maternal grandmother receives one-sixth (1/6) in the absence of the mother, and the paternal grandmother similarly receives one-sixth when there is no father or grandfather. Two grandmothers present simultaneously share the one-sixth between them. Full siblings and paternal half-siblings are significant residuary heirs, but a single full sister or paternal half-sister receives one-half (1/2) as a fixed-share heir in certain cases โ specifically when the deceased leaves no children, no father, and no grandfather. Two or more such sisters together receive two-thirds (2/3).
The Return (Radd) and Deficiency (Awl)
When the fixed shares do not exhaust the estate, the remainder may be returned to the fixed-share heirs proportionally โ a principle called radd, accepted by the Hanafi and Hanbali schools but not the Shafi'i school (which gives the remainder to the public treasury in the absence of asabat). When the fixed shares exceed the estate โ which can mathematically occur โ the shares are proportionally reduced. This is called awl (increase of the denominator), first applied during the caliphate of Umar (RA) when a case arose where the shares exceeded the available estate. All four schools accept the principle of awl.
References in This Article
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