Islamic Inheritance for Distant Relatives

Complete Guide to Dhawil Arham Shares

Distant relatives known as Dhawil Arham have specific inheritance rights when closer relatives are absent.

This comprehensive guide explores the Islamic inheritance rules for distant relatives, their position in the inheritance hierarchy, and practical examples to help you understand how distant relatives' inheritance is calculated according to Shariah law.

Key Takeaways

• Distant relatives (Dhawil Arham) inherit only when there are no primary heirs (Ashab al-Furud) or residuary heirs (Asaba)
• Dhawil Arham include relatives like maternal grandfathers, daughter's children, sister's children, and maternal uncles/aunts
• Different schools of Islamic jurisprudence have varying approaches to distant relatives' inheritance
• The Hanafi and Hanbali schools recognize distant relatives' inheritance rights, while Maliki and Shafi'i schools traditionally do not
• Modern Islamic inheritance laws in many countries have expanded recognition of distant relatives' rights

Understanding Distant Relatives in Islamic Inheritance

In Islamic inheritance law, heirs are categorized into three main groups:

1. Ashab al-Furud (Primary Heirs): Those entitled to fixed shares explicitly mentioned in the Quran, such as spouses, parents, and children.

2. Asaba (Residuary Heirs): Those who inherit the remainder after the fixed shares are distributed, typically male relatives in the male line.

3. Dhawil Arham (Distant Kindred): Blood relatives who are neither primary heirs nor residuary heirs.

Distant relatives (Dhawil Arham) only inherit when there are no primary heirs or residuary heirs present. This category includes relatives connected to the deceased through female links or those who are not specifically mentioned in the primary inheritance verses of the Quran.

Who Are Considered Distant Relatives (Dhawil Arham)?

Distant relatives in Islamic inheritance law include:

1. Female-Line Descendants

• Daughter's children and their descendants
• Son's daughter's children and their descendants

2. Female-Line Ascendants

• Maternal grandfather (mother's father)
• Maternal grandfather's father
• Paternal grandmother's father
• Maternal grandmother's father

3. Descendants of Siblings

• Sister's children (both full and half)
• Brother's daughters and their descendants

4. Distant Paternal Relatives

• Paternal aunts (father's sisters)
• Father's paternal aunts
• Daughters of paternal uncles

5. Distant Maternal Relatives

• Maternal uncles and aunts (mother's brothers and sisters)
• Mother's paternal uncles and aunts

These relatives are considered "distant" not because of emotional closeness but because of their position in the Islamic inheritance hierarchy, which prioritizes certain blood relationships over others.

The Juristic Basis for Distant Relatives' Inheritance

The inheritance rights of distant relatives are not explicitly mentioned in the Quran but are derived from general Quranic principles, hadith, and scholarly interpretation.

Quranic Foundation

While the Quran does not specifically address distant relatives' inheritance, scholars derive their rights from verses emphasizing the importance of blood relationships:

"Blood relatives are closer to one another in the Book of Allah." (Quran 8:75)

"For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much - an obligatory share." (Quran 4:7)

Prophetic Guidance

The Prophet Muhammad (peace be upon him) said: "Give the Fara'id (the shares of inheritance prescribed in the Quran) to those who are entitled to receive it, and whatever remains should be given to the closest male relative of the deceased." (Sahih al-Bukhari)

This hadith establishes the principle that after allocating the fixed shares, the remaining estate should be distributed to the closest relatives, which can include distant relatives when closer ones are absent.

Different Approaches Across Schools of Thought

The major schools of Islamic jurisprudence differ in their approach to the inheritance of distant relatives:

Hanafi School

The Hanafi school recognizes the inheritance rights of distant relatives (Dhawil Arham) in the absence of primary heirs and residuary heirs. They have developed detailed systems for determining how distant relatives inherit, with two main methods:

1. Tanzil Method (Ahl al-Tanzil): Distant relatives "stand in" for the intermediate relative who connects them to the deceased.

2. Qaraba Method (Ahl al-Qaraba): Inheritance is based on the closeness of relationship to the deceased, with closer relatives excluding more distant ones.

Hanbali School

Like the Hanafi school, the Hanbali school recognizes the inheritance rights of distant relatives. They primarily follow the Tanzil method, where distant relatives inherit based on the share of the connecting relative.

Maliki and Shafi'i Schools

Traditionally, the Maliki and Shafi'i schools do not recognize the inheritance rights of distant relatives. According to these schools, in the absence of primary heirs and residuary heirs, the estate escheats to the Bayt al-Mal (public treasury) for the benefit of the Muslim community.

However, they make an exception when the Bayt al-Mal is not properly managed or when it would not distribute wealth justly. In such cases, they may allow distant relatives to inherit.

Jafari (Shia) School

The Jafari school has a different classification system for heirs, dividing them into three categories. Distant relatives in the Sunni sense are often included within these three categories rather than being treated as a separate group.

Order of Priority Among Distant Relatives

When distant relatives inherit, they do so according to a specific order of priority. While there are variations across schools, the general order is:

1. First Category: Descendants

• Daughter's children and their descendants
• Son's daughter's children and their descendants

2. Second Category: Ascendants

• Maternal grandfather and higher male ascendants through female links
• Maternal grandmother's father and similar ascendants

3. Third Category: Parents' Descendants

• Full sister's children
• Paternal half-sister's children
• Maternal half-sibling's children
• Brother's daughters

4. Fourth Category: Grandparents' Descendants

• Paternal aunts and their children
• Maternal uncles and aunts and their children

Within each category, there are further rules of priority based on:

• Closeness of degree (closer generations take precedence)
• Strength of relationship:
  • Those related through both parents take precedence
  • Over those related through one parent
• Gender:
  • In some systems, male relatives may receive larger shares
  • Than female relatives of the same degree

Methods of Distributing Inheritance to Distant Relatives

There are three main methods for distributing inheritance to distant relatives:

1. Tanzil Method (Substitution)

In this method, distant relatives "stand in the place" of the intermediate relative who connects them to the deceased. For example:

• A daughter's son would receive what his mother (the deceased's daughter) would have received
• A maternal uncle would receive what the mother would have received
• A sister's son would receive what his mother (the deceased's sister) would have received

This method is preferred by the Hanbali school and some Hanafi scholars.

2. Qaraba Method (Proximity)

This method distributes inheritance based on the closeness of relationship to the deceased, without considering the connecting relative's share. Closer relatives exclude more distant ones, and the estate is divided with males receiving twice the share of females of the same degree.

This method is preferred by some Hanafi scholars, particularly following the approach of Imam Muhammad.

3. Rahim Method (Womb Relationship)

This method considers both the degree of relationship and the connecting relative. It divides distant relatives into four categories (as mentioned earlier) and distributes the inheritance accordingly.

This method represents a middle ground between the Tanzil and Qaraba methods.

Practical Examples of Distant Relatives' Inheritance

Example 1: Daughter's Children

A woman dies leaving behind her daughter's son and daughter's daughter. She has no other heirs. The estate is valued at $120,000.

Calculation using Tanzil Method:

• The daughter would have received 1/2 of the estate
• The daughter's children stand in her place, sharing her portion with the male receiving twice the share of the female
• Total shares: 3 (2 for the grandson, 1 for the granddaughter)
• Daughter's son receives: 2/3 of $120,000 = $80,000
• Daughter's daughter receives: 1/3 of $120,000 = $40,000

Example 2: Maternal Uncle and Paternal Aunt

A man dies leaving behind his maternal uncle and paternal aunt. He has no other heirs. The estate is valued at $90,000.

Calculation using Tanzil Method:

• The maternal uncle stands in place of the mother, who would have received 1/3
• The paternal aunt stands in place of the father, who would have received 2/3
• Maternal uncle receives: 1/3 of $90,000 = $30,000
• Paternal aunt receives: 2/3 of $90,000 = $60,000

Example 3: Sister's Children

A woman dies leaving behind her sister's son and sister's daughter. She has no other heirs. The estate is valued at $150,000.

Calculation using Tanzil Method:

• The sister would have received 1/2 of the estate
• The sister's children stand in her place, sharing her portion with the male receiving twice the share of the female
• Total shares: 3 (2 for the nephew, 1 for the niece)
• Sister's son receives: 2/3 of $150,000 = $100,000
• Sister's daughter receives: 1/3 of $150,000 = $50,000

Example 4: Multiple Distant Relatives

A man dies leaving behind his daughter's son, maternal uncle, and sister's daughter. He has no other heirs. The estate is valued at $180,000.

Calculation using Qaraba Method: - The daughter's son is the closest relative and excludes the others - Daughter's son receives: $180,000

Calculation using Tanzil Method:

• The daughter would have received 1/2 = $90,000
• The mother would have received 1/6 = $30,000
• The sister would have received 1/2 (reduced to 1/3 due to Awl) = $60,000
• Distributed amounts:
  • Daughter's son receives: $90,000
  • Maternal uncle receives: $30,000
  • Sister's daughter receives: $60,000

Modern Applications and Considerations

Legal Reforms in Muslim-Majority Countries

Many Muslim-majority countries have codified Islamic inheritance laws with specific provisions for distant relatives:

• Egypt: Follows the Hanafi approach, recognizing distant relatives' inheritance rights
• Morocco: Has adopted reforms that expand inheritance rights for certain categories of distant relatives
• Malaysia: Applies the concept of obligatory bequest (wasiyyah wajibah) for certain distant relatives, particularly grandchildren whose parents predeceased the grandparent
• Pakistan: Generally follows the Hanafi approach to distant relatives

Estate Planning for Muslims with Distant Relatives

Muslims who wish to provide for distant relatives should consider:

1. Islamic Will (Wasiyyah): Allocate up to one-third of the estate to distant relatives who may not otherwise inherit

2. Gifts During Lifetime (Hibah): Distribute assets to distant relatives during one's lifetime

3. Family Waqf (Endowment): Establish a family endowment that benefits distant relatives

4. Life Insurance and Trusts: Name distant relatives as beneficiaries of Shariah-compliant financial instruments

Balancing Traditional Rules with Modern Family Structures

Contemporary Muslims often seek to balance traditional inheritance rules with modern family structures and needs:

• Blended Families: Providing for step-relatives who may be considered distant relatives under Islamic law
• International Families: Navigating different legal systems and cultural expectations
• Extended Family Responsibilities: Ensuring financial support for vulnerable distant relatives

Common Questions About Distant Relatives' Inheritance

When do distant relatives inherit in Islamic law?

Distant relatives (Dhawil Arham) inherit only when there are no primary heirs (Ashab al-Furud) or residuary heirs (Asaba). If any primary or residuary heir exists, distant relatives do not inherit.

Which school of thought is most favorable to distant relatives?

The Hanafi and Hanbali schools recognize the inheritance rights of distant relatives, while the Maliki and Shafi'i schools traditionally do not (except when the public treasury is not properly managed). The Hanafi school has developed the most detailed system for distant relatives' inheritance.

Can a person allocate more to distant relatives through a will?

Yes, a person can allocate up to one-third of their estate to anyone, including distant relatives, through an Islamic will (wasiyyah). This provides flexibility to support distant relatives even when they would not automatically inherit.

What happens if there are no heirs at all, including distant relatives?

If a person dies leaving no heirs at all (including distant relatives), the estate escheats to the Bayt al-Mal (public treasury) for the benefit of the Muslim community.

How do modern inheritance laws treat distant relatives?

Modern inheritance laws in many Muslim-majority countries have expanded recognition of distant relatives' rights, often incorporating elements from different schools of thought or introducing new concepts like obligatory bequests for certain categories of relatives.

Ensuring Distant Relatives Receive Their Islamic Inheritance Rights

To ensure distant relatives receive their rightful inheritance when applicable:

1. Education: Understand the Islamic inheritance rules regarding distant relatives, particularly in your school of thought

2. Documentation: Maintain clear records of family relationships, especially for distant relatives who may be difficult to trace

3. Professional guidance: Consult with Islamic scholars and legal experts specialized in inheritance law

4. Calculation tools: Use sharia inheritance calculator that account for distant relatives according to different schools of thought

5. Proactive planning: Consider estate planning tools like wasiyyah, hibah, and waqf to provide for distant relatives regardless of automatic inheritance rights

Conclusion

Islamic inheritance law provides a comprehensive framework for the distribution of wealth among heirs, including distant relatives when closer relatives are absent.

While the inheritance rights of distant relatives vary across different schools of thought, the system ensures that wealth is distributed among blood relatives rather than escheating to the state when possible.

Understanding these rules helps ensure that distant relatives receive their shares when applicable, contributing to family harmony and financial justice across extended family networks.

References

1. The Holy Quran, particularly Surah An-Nisa (4:7, 4:11-12, 4:176)
2. Sahih Al-Bukhari and Sahih Muslim (Hadith collections)
3. Al-Mughni by Ibn Qudamah
4. Fiqh al-Mawarith by Dr. Muhammad Al-Zuhayli
5. Inheritance According to the Five Schools of Islamic Law by Muhammad Jawad Mughniyya
6. The Islamic Law of Inheritance by Dr. A. Hussain
7. Resolution No. 183 (19/7) of the International Islamic Fiqh Academy
8. AAOIFI Shariah Standard No. 35 on Wills