A Muslim male died leaving his mother, widow, and daughter. How many shares they will get?

Question: A Muslim male died leaving his mother, widow, and daughter. How many shares they will get? [HJS 2001]

Find the question and answer of Muslim Law only on Legal Bites. [A Muslim male died leaving his mother, widow, and daughter. How many shares they will get?]

Answer

Sharers or the Quranic heirs are Class I legal heirs of a propositus. The legal heirs of this class get preference over heirs of other classes. In the distribution of property, the Sharers get preference over the other class of heirs, therefore, first of all, the respective share is allotted to each Sharer. It may be noted that Sharers are those heirs whose respective shares are given in Quran; therefore, their shares cannot be altered by any human effort.

When the inheritance opens, the following facts are to be ascertained:

(1) Who are the heirs of Class I, i.e. who are the Quranic heirs of the propositus?

(2) What is the respective share of such heir or heirs?

(3) Whether such heir is excluded by, or his share is reduced, in presence of any other heir of the same class?

(4) Any other fact which may affect his inheritance.

On the basis of these facts, the heritable property is distributed first of all, among his Sharers.

• The share of one daughter is 1/2.
• The share of the widow is 1/6 in the presence of a child of the propositus,
• The share of a mother when there is also a widow, the mother gets 1/3 of what remains after deducting the share of the widow.

Applying the aforesaid shares of each heir to the present case at hand, after allotment of the respective shares to each of them the sum total of the shares is 1/2 + 1/6 + 1/3 = 6/6 =1. Thus, we find that the total property has been exhausted. It is significant to note that heritable property is taken to be one (i.e. suppose the property is one).

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