Faraid

Faraid
 General
Classification

Inner Family Outer Family

Ashab Al-Furudh
(Quranic Heirs)

Asabat (Residuary
Heirs)

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 AshabAl
Furudh

Secondary Substitute
Primary Heirs Heirs Heirs

Germane Grandfather
Father
sister

Consanguine
Mother sister Grandmother

Husband/Wife Uterine sister Grand

daughter

Daughter Uterine
brother

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• Quranic Heir: Those who have designated shares indicated in AQ.
• 3 types of Quranic Heirs:
(a) Primary Heirs
Alwaysget afixed portion，exceptfor the father who wouldget either the
wholeor balanceofthe estate if the deceaseddiedleavingno son.
(b) SecondaryHeirs
Onlyinherit in the absence ofspecificpersons such as maledescendants.
(c) SubstituteHeirs
Nearestin degreealongacertain line of connection with thedeceased.

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• AQ 4:11
“Allah instructs you concerning your children: for the male, what is equal to the share of two
females (2:1). But if there are [only] daughters, two or more, for them is two thirds (2/3) of
one's estate. And if there is only one, for her is half(1/2). And for one's parents, to each one of
them is a sixth(1/6) of his estate if he left children. But if he had no children and the parents
[alone] inherit from him, then for his mother is one third(1/3). And if he had brothers [or
sisters], for his mother is a sixth(1/6), after any bequest he [may have] made or debt. Your
parents or your children - you know not which of them are nearest to you in benefit. [These
shares are] an obligation [imposed] by Allah . Indeed, Allah is ever Knowing and Wise.”
• AQ 4: 12
“And for you is half (1/2) of what your wives leave if they have no child. But if they have a
child, for you is one fourth (1/4)of what they leave, after any bequest they [may have] made
or debt. And for the wives is one fourth(1/4) if you leave no child. But if you leave a child,
then for them is an eighth of what you leave(1/8), after any bequest you [may have] made or
debt. And if a man or woman leaves neither ascendants nor descendants but has a brother
or a sister, then for each one of them is a sixth(1/6 each). But if they are more than two, they
share a third( shared 1/3), after any bequest which was made or debt, as long as there is no
detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.”
• AQ 4:176
“They request from you a [legal] ruling. Say, " Allah gives you a ruling
concerning one having neither descendants nor ascendants [as heirs]." If a
man dies, leaving no child but [only] a sister, she will have half (1/2) of what
he left. And he inherits from her if she [dies and] has no child. But if there
are two sisters [or more], they will have two-thirds of what he left(Shared
2/3). If there are both brothers and sisters, the male will have the share of
two females(2:1). Allah makes clear to you [His law], lest you go astray. And
Allah is Knowing of all things.
*Descendant means “children”
 Husband
 ½ in the absenceof descendant
 ¼in the presenceof anydescendantof the deceased
 Wife
 ¼in the absenceof anydescendantof the deceased
 1/8 in the presence of anydescendants of the deceased
 Father
 1/6 in the presenceof maledescendant
 1/6+ residuein the presenceof female descendant only(Deceased has daughter
only)
 Residue onlyin the absenceof anydescendantof the deceased. (Deceased has no
children) 8
 Mother
 1/6
- in the presenceof descendant; or
- in the presenceof 2/more siblings.
 1/3
- in the absence of anydescendants;or
- in anyabsenceof 2/more siblings.(Deceased may have
no siblings at all/ only 1 siblings)
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 Daughter
 ½whenthere isonlyonedaughterin the
absenceof sonof the deceased.
 Shared 2/3 whenthere are 2/more daughters in
the absenceofson.

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 Asabat (Residuary
Heirs)

Nasabiyah Sababiyah
(Residuary by (Residuary By
Blood) cause)

Binnafsi
(Residuary in their
own right)

Bilghayr
(Residuary through
another)

Ma’alghyar
(Residuary in the
company of
another)

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 Asabat(residuary heirs)
• Residuary heirs: Those heirs who will get the portion
which are not clearly stated in AQ/Sunnah.
• 3 Possibilities:
- They may at one time receive all of the property in
situation where there is no other quranic heirs; or
- They may not at all receive any of the property; or
- They may just receive the balance of the property
left.
 Therules ofclass
 Therules of degree
 Therules of strength ofblood
ties

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 Hadith ofProphet (p.b.u.h)narrated byIbnu Abbas:
"Give the faraid (the shares of the inheritance that
are prescribed in the Quran) to those who are entitled
to received it. Then whatever remains, should be given
to the closestmalerelative to the deceased."

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 Applies when there are Asabat Nasabiyah Binnafsi(Residuary
byBlood&Residuaryintheirownright)belongingto more than
one type of relationship.
 Any member of a higher class excludes any member of
a lower class
- Exception: the brothers of the deceased are not
excluded by the grandfather
 Example:son, father, germanebrother. Who will takethe
wholeor balance?

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 Applieswhenthere are 2/more maleheirs form the same
type of relationship but of different degree of blood
relationship to the deceased.
 The nearer in degree to the deceased excludes the more
remote
 Example:If aperson diesleavingamother, a
sonand son’sson.

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 Appliesbetween the heirsfrom the third and fourth types.
 The stronger of blood-tie excludes the more remote
 Example: A person dies and survived by a germanebrother
and aconsanguinebrother.

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