Islamic Inheritance for Brothers and Sisters

How To Calculate Islamic Inheritance for Brothers and Sisters

In Islamic inheritance law (Fiqh al-Mawarith), brothers and sisters are allocated specific shares based on their relationship to the deceased.

We are going to explore the Islamic inheritance rules for siblings, their fixed shares under different family configurations, and practical examples to help you understand how brothers' and sisters' inheritance is calculated according to Shariah law.

Key Takeaways

• Brothers and sisters only inherit when the deceased leaves no children or male descendants
• Full siblings (same father and mother) have priority over half-siblings
• A single full sister receives 1/2 of the estate when she is the only sibling
• Multiple full sisters share 2/3 of the estate when there are no brothers
• When full brothers and sisters inherit together, brothers receive twice the share of sisters
• Maternal half-siblings (same mother, different father) receive equal shares regardless of gender
• Siblings' inheritance rights vary significantly across different schools of Islamic jurisprudence

Understanding Siblings' Position in Islamic Inheritance

In Islamic inheritance law, siblings hold a secondary position compared to immediate family members like children, parents, and spouses. The Qur'an addresses siblings' inheritance in two key verses:

"If a man dies leaving no child but [only] a sister, she will have half 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. If there are both brothers and sisters, the male will have the share of two females." (Qur'an 4:176)

"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. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]." (Qur'an 4:12)

These verses establish different inheritance rules for different types of siblings. The first verse (4:176) refers to full siblings and paternal half-siblings (sharing the same father), while the second verse (4:12) refers to maternal half-siblings (sharing the same mother).

Siblings generally only inherit when the deceased leaves no children or male descendants. The presence of a father also blocks full and paternal half-siblings from inheriting according to most schools of thought, though there are differences of opinion regarding this.

Types of Siblings in Islamic Inheritance

Islamic law classifies siblings into three categories:

1. Full Siblings (Al-Ashiqqa)

Full siblings share both parents (same father and mother) with the deceased. They have the strongest inheritance rights among siblings.

2. Paternal Half-Siblings (Al-Akhyaf)

Paternal half-siblings share the same father but have different mothers. They inherit only in the absence of full siblings.

3. Maternal Half-Siblings (Al-A'yan)

Maternal half-siblings share the same mother but have different fathers. They have unique inheritance rules and are not excluded by full siblings.

Fixed Shares for Siblings in Islamic Inheritance

The inheritance shares for siblings vary based on their relationship to the deceased and the presence of other heirs:

Full Siblings' Shares

Full Sisters

1. When alone (no full brothers or other blocking heirs):
2. A single full sister receives one-half (1/2) of the estate.

3. Two or more full sisters share two-thirds (2/3) of the estate equally.

4. With full brothers: They become residuary heirs, with each brother receiving twice the share of each sister.

5. With daughters of the deceased: They become residuary heirs after the daughters take their fixed shares. This is known as "residuary with another" (Asaba Ma'al Ghair).

Full Brothers

1. When alone or with full sisters: Full brothers are residuary heirs who inherit the remainder of the estate after fixed shares have been distributed. When inheriting with full sisters, each brother receives twice the share of each sister.

2. With daughters of the deceased: They inherit as residuary heirs after the daughters take their fixed shares.

Paternal Half-Siblings' Shares

Paternal Half-Sisters

1. When alone (no full siblings, paternal half-brothers, or other blocking heirs):
2. A single paternal half-sister receives one-half (1/2) of the estate.

3. Two or more paternal half-sisters share two-thirds (2/3) of the estate equally.

4. With one full sister: The paternal half-sister receives one-sixth (1/6) to complete two-thirds.

5. With paternal half-brothers: They become residuary heirs, with each brother receiving twice the share of each sister.

6. With two or more full sisters: Paternal half-sisters do not inherit, as the full sisters have already taken the maximum two-thirds.

Paternal Half-Brothers

1. When alone or with paternal half-sisters: Paternal half-brothers are residuary heirs who inherit the remainder of the estate after fixed shares have been distributed. When inheriting with paternal half-sisters, each brother receives twice the share of each sister.

2. With full siblings: Paternal half-brothers do not inherit in the presence of full brothers.

Maternal Half-Siblings' Shares

Maternal half-siblings (brothers and sisters from the mother's side) have unique inheritance rules:

1. One maternal half-sibling: Receives one-sixth (1/6) of the estate.

2. Two or more maternal half-siblings: Share one-third (1/3) of the estate equally, regardless of gender. This is a unique case where males and females receive equal shares.

Maternal half-siblings only inherit when the deceased leaves no children, grandchildren, or father.

Conditions Affecting Siblings' Inheritance

Several factors can influence siblings' inheritance shares:

Blocking (Hajb) Rules

Siblings are blocked (excluded) from inheritance by the presence of certain heirs:

1. Children and male descendants: Sons, daughters, and son's sons block all siblings from inheriting.

2. Father: According to the Hanafi school, the father blocks all siblings from inheriting. According to the Shafi'i, Maliki, and Hanbali schools, the father blocks only full and paternal half-siblings, not maternal half-siblings.

3. Grandfather: According to the Hanafi school, the paternal grandfather blocks all siblings from inheriting, similar to the father. According to the other Sunni schools, the grandfather does not block siblings, though there are specific rules for how they inherit together.

Presence of Other Heirs

The presence of certain heirs affects how much of the estate remains for siblings:

1. Parents: If the mother is present, she receives her share (typically 1/6 or 1/3) before siblings.

2. Spouse: The spouse receives their fixed share first (1/2 for husband or 1/4 for wife when there are no children; 1/4 for husband or 1/8 for wife when there are children), reducing the overall estate available for siblings.

3. Daughters: When daughters inherit with full sisters, the daughters receive their fixed shares (1/2 for one daughter, 2/3 for multiple daughters), and the full sisters become residuary heirs, taking the remainder.

Special Cases

1. Mushtarakah case: This is a special case where full brothers share the maternal siblings' portion when they would otherwise be excluded. This occurs when the deceased leaves a husband, mother, two or more maternal siblings, and full brothers. According to some scholars, the full brothers share the one-third allocated to maternal siblings equally with them.

2. Akdariyyah case: This is a special case where a paternal grandfather, husband, mother, and one full sister inherit together. The sister's share is combined with the grandfather's share, and then divided between them with the grandfather receiving twice the sister's share.

Practical Examples of Siblings' Inheritance

Example 1: Full Siblings Only

A woman dies leaving behind two full brothers and one full sister. She has no children, spouse, or parents. The estate is valued at $300,000.

Calculation:

• Total shares: 5 (2 brothers × 2 shares each + 1 sister × 1 share)
• Each share value: $300,000 ÷ 5 = $60,000
• Each brother receives: $60,000 × 2 = $120,000
• Sister receives: $60,000

Example 2: Full Sisters with No Brothers

A man dies leaving behind three full sisters. He has no children, spouse, or parents. The estate is valued at $240,000.

Calculation:

• Three sisters share 2/3 of the estate: $240,000 × 2/3 = $160,000
• Each sister receives: $160,000 ÷ 3 = $53,333.33
• The remaining 1/3 ($80,000) goes to other heirs or is redistributed among existing heirs if there are no residuary heirs

Example 3: Mixed Siblings

A woman dies leaving behind one full brother, one full sister, one paternal half-brother, and one maternal half-sister. She has no children, spouse, or parents. The estate is valued at $360,000.

Calculation:

Total shares: 3 (1 brother × 2 shares + 1 sister × 1 share)
• Each share value: $300,000 ÷ 3 = $100,000
• Full brother receives: $100,000 × 2 = $200,000
• Full sister receives: $100,000
• Paternal half-brother: Nothing (excluded by full brother)

Example 4: Siblings with Daughters

A man dies leaving behind two daughters and one full sister. The estate is valued at $480,000.

Calculation: - Two daughters share 2/3 of the estate: $480,000 × 2/3 = $320,000 (each daughter receives $160,000) - Full sister receives the residue as "residuary with another": $160,000

Example 5: Siblings with Spouse and Mother

A woman dies leaving behind her husband, mother, two full brothers, and one maternal half-brother. The estate is valued at $240,000.

Calculation: - Husband's share: 1/2 = $120,000 - Mother's share: 1/6 = $40,000 - Maternal half-brother: Nothing (as full siblings are present in this case) - Two full brothers share the residue: $80,000 (each brother receives $40,000)

Differences Across Schools of Islamic Jurisprudence

The major schools of Islamic jurisprudence differ in their approach to siblings' inheritance, particularly regarding the interaction between siblings and grandparents:

Hanafi School

• The paternal grandfather excludes all siblings from inheritance, similar to the father.
• Full siblings exclude paternal half-siblings.
• Maternal half-siblings inherit their fixed shares if not blocked by children, grandchildren, or father.

Maliki School

• The paternal grandfather does not exclude siblings; they inherit together according to specific rules.
• Full siblings exclude paternal half-siblings.
• Maternal half-siblings inherit their fixed shares if not blocked by children, grandchildren, or father.

Shafi'i School

• The paternal grandfather does not exclude siblings; they inherit together according to specific rules.
• In the Mushtarakah case, full brothers share the maternal siblings' portion.
• Maternal half-siblings inherit their fixed shares if not blocked by children, grandchildren, or father.

Hanbali School

• The paternal grandfather does not exclude siblings; they inherit together according to specific rules.
• Full siblings exclude paternal half-siblings.
• Maternal half-siblings inherit their fixed shares if not blocked by children, grandchildren, or father.

Jafari (Shia) School

• Siblings are in the second category of heirs and only inherit in the absence of the first category (parents and children).
• Full siblings exclude half-siblings (both paternal and maternal).
• When inheriting, siblings receive equal shares regardless of gender if they are from the mother's side.

Common Questions About Siblings' Inheritance

Do Siblings Inherit if the Deceased Has Children?

No, siblings do not inherit if the deceased has children or male descendants (son's children). The presence of children or male descendants blocks siblings from inheritance.

Do Siblings Inherit if the Deceased Has Parents?

If the deceased has a father, full and paternal half-siblings do not inherit according to the Hanafi school. According to the other Sunni schools, they may inherit alongside the father with specific rules. Maternal half-siblings may inherit if not blocked by the father (depending on the school of thought).

If only the mother is present (no father), siblings can inherit their respective shares.

Why Do Brothers Receive Twice the Share of Sisters?

When full or paternal half-brothers and sisters inherit together, brothers receive twice the share of sisters. This reflects the Islamic concept of financial responsibility, where males are obligated to provide for their families while females are not required to spend their wealth on anyone.

Why Do Maternal Half-Siblings Receive Equal Shares Regardless of Gender?

Maternal half-siblings are a unique case where males and females receive equal shares. This is because they inherit through their mother, and the maternal connection is considered equal for all siblings regardless of gender.

Can Adopted Siblings Inherit?

Adopted siblings do not automatically inherit from each other under Islamic law. Adoption in Islam does not create inheritance rights. However, a person can allocate up to one-third of their estate to adopted siblings through a will (wasiyyah).

What Happens if a Sibling Dies Before the Deceased?

If a sibling dies before the deceased, their children do not automatically step into their place to inherit from the deceased. This concept of "representation" is not generally recognized in Sunni schools of thought, though it is accepted to some extent in the Jafari school.

Modern Applications and Considerations

Legal Implementation in Muslim-Majority Countries

Most Muslim-majority countries have codified Islamic inheritance laws into their legal systems, though with some variations based on the predominant school of thought (madhab) and local customs. The treatment of siblings' inheritance rights can vary significantly across different countries.

Cultural Practices vs. Islamic Requirements

In some Muslim communities, cultural practices may differ from Islamic inheritance rules. For example:

1. Excluding sisters from inheritance: Some cultures may exclude sisters from inheriting in favor of brothers, which contradicts Islamic principles that guarantee sisters a share.

2. Treating all siblings equally: Some families choose to give equal shares to brothers and sisters, which differs from the Islamic rule that brothers receive twice the share of sisters.

Muslims should ensure that cultural practices do not override the divinely ordained shares for siblings.

Modern Financial Planning for Siblings

While Islamic inheritance provides specific shares for siblings under certain conditions, many scholars advise Muslims to consider additional financial planning mechanisms:

1. Gifts during lifetime: A person can give gifts (hibah) to their siblings during their lifetime, which are not subject to inheritance rules.

2. Islamic will (wasiyyah): A person can allocate up to one-third of their estate through a will to siblings who may not automatically inherit or whose shares are limited.

3. Family businesses: Proper succession planning for family businesses can help ensure that siblings who have contributed to the business are fairly compensated.

Ensuring Siblings Receive Their Islamic Inheritance Rights

To ensure siblings receive their rightful inheritance according to Islamic law:

1. Education: Muslims should educate themselves about Islamic inheritance rules to avoid unintentional violations.

2. Documentation: Proper documentation of assets and liabilities helps facilitate accurate distribution.

3. Professional guidance: Consulting with Islamic scholars and legal experts specialized in Islamic inheritance can help navigate complex cases.

4. Calculation tools: Using a Calculate Islamic inheritance shares tool can help determine precise shares for all heirs, including siblings.

5. Timely distribution: Inheritance should be distributed promptly after settling debts and obligations to prevent disputes and ensure heirs receive their rights.

Conclusion

Islamic inheritance law provides specific shares for siblings based on their relationship to the deceased and the presence of other heirs. While siblings are secondary heirs who only inherit in the absence of children and sometimes parents, their rights are protected and clearly defined in Islamic law.

Understanding these rules helps ensure that siblings receive their divinely ordained shares when they are entitled to inherit.

References

1. The Holy Qur'an, Surah An-Nisa (4:11-12, 4:176)
2. Sahih Al-Bukhari and Sahih Muslim (Hadith collections)
3. Al-Mughni by Ibn Qudamah
4. Islamic Inheritance Law: A Practical Guide by Muhammad Mustafa Khan
5. Fiqh al-Mawarith by Dr. Muhammad Al-Zuhayli
6. Resolution No. 183 (19/7) of the International Islamic Fiqh Academy
7. AAOIFI Shariah Standard No. 35 on Wills