Faraid Law


Faraid Law Information Table

Note: To use this table, the reader should first ascertain whether the deceased left a wife or husband, and if she or he survived, should look under the appropriate heading. Only in default of either should search be made under “sons and daughters”, “father and mother” and the rest, and then in the order given in the first margin. In each instance it is supposed that there are no nearer relations than those named.

  1. Re Mutchilim [1960] M.L.J. 25.
  2. The daughters in such case being residuaries with the son.
  3. The son’s daughters being residuary with the son’s son.
  4. An example of the doctrine of aul or increase.
  5. The mother gets 1/3 of ¾ (that is after deducting the wife’s share). This follows a decision of the Caliph Umar.
  6. The brothers and the sisters are residuaries.
  7. An example of aul.
  1. The son’s son and son’s daughter are residuaries.
  2. Example of aul or increase.
  3. Examples of aul or increase
  4. In these cases the daughter and son’s daughter get their Quranic shares while the sister takes as residuary.
  5. The mother gets 1/3 of ½ (that is after deducting the husband’s share).
  6. The brothers and sisters are residuaries.
  7. This is the case of himariyya or musharaka. The full brother and the uterine sisters share the 1/3 share. See Fitzgerald Muhammadan Law p.135 and Nawawi Supra, p.250.
  8. This is the case of Al-akdariya – see Tyabji Muhammadan Law (3rd Edn.) p.874 and Fitzgerald Muhammadan Law p.128 and Nawawi p.253 Supra, (p.22 supra)
  9. This is the case of al-Malikia – see Fitzgerald p.128.
  1. There is a doubt whether the son’s daughters (who are excluded as Quranic heirs) are nevertheless entitled to take as residuaries together with the agnatic ascendant or collateral. See Fitzgerald Muhammadan Law, p.124.
  2. In all these cases, as there are two daughters the son’s daughter cannot inherit as Quranic heir. She therefore takes as an agnatic heir and shares the residu with the lower son’s son.
  3. The son’s daughter is a residuary with an equal son’s son.
  4. As there is a “nearer” daughter, the share of the son’s son’s daughter is 1/6 that is the remainder of the 2/3 share of daughters.

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