Complete Guide to Distant Relatives' Shares
This comprehensive guide explores the Islamic inheritance rules for extended family members, their fixed shares under different family configurations, and practical examples to help you understand how extended family inheritance is calculated according to Shariah law.
Key Takeaways
- Extended family members generally inherit only when closer relatives are absent
- Grandparents, uncles, aunts, and cousins have specific shares based on their relationship to the deceased
- The paternal grandfather is considered a strong heir and inherits similarly to the father in his absence
- Maternal relatives (like maternal uncles and aunts) are considered distant kindred with more limited inheritance rights
- Different schools of Islamic jurisprudence have varying approaches to extended family inheritance
Understanding Extended Family's Position in Islamic Inheritance
Islamic inheritance law establishes a clear hierarchy of heirs, with immediate family members (spouses, parents, and children) taking precedence over extended family. Extended family members typically inherit only when closer relatives are absent or in specific combinations with other heirs.
The Quranic basis for inheritance primarily focuses on immediate family, with extended family inheritance largely derived from the Sunnah and scholarly consensus. 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 prescribed in the Quran, the remaining estate should be distributed to the closest male relatives, which often includes extended family members when immediate family is absent.
Categories of Extended Family in Islamic Inheritance
Islamic inheritance law categorizes extended family members based on their relationship to the deceased:
1. Grandparents
Grandparents are considered secondary heirs who inherit when parents are absent:
- Paternal grandfather: Inherits in the absence of the father
- Maternal grandfather: Generally considered a distant relative with more limited inheritance rights
- Paternal grandmother: Inherits in the absence of the mother and, in most schools, the father
- Maternal grandmother: Inherits in the absence of the mother
2. Grandchildren
Grandchildren's inheritance rights depend on their lineage:
- Son's children: Inherit in the absence of sons
- Daughter's children: Generally considered distant kindred with limited inheritance rights in Sunni schools
3. Uncles and Aunts
Uncles and aunts inherit when there are no closer heirs:
- Paternal uncles: Inherit as residuary heirs in the absence of children, parents, grandparents, and siblings
- Maternal uncles: Generally considered distant kindred with limited inheritance rights
- Paternal and maternal aunts: Generally have more limited inheritance rights compared to uncles
4. Cousins
Cousins are among the most distant relatives who may inherit:
- Children of paternal uncles: May inherit in the absence of closer heirs
- Children of maternal uncles and aunts: Generally considered distant kindred with limited inheritance rights
Fixed Shares for Extended Family Members
The inheritance shares of extended family members vary based on their relationship to the deceased and the presence of other heirs:
Grandparents' Shares
Paternal Grandfather
- When the deceased has children: Receives one-sixth (1/6) of the estate as a fixed share
- When the deceased has no children or male descendants: Receives the entire remaining estate after the allocation of fixed shares to other heirs
- When the deceased has siblings: Treatment varies by school of thought
Maternal Grandfather
- Generally considered a distant relative (dhawil arham)
- Inherits only in the absence of primary heirs and residuary heirs
- In the Jafari (Shia) school, inherits in the second category of heirs
Paternal Grandmother
- When the mother is absent: Receives one-sixth (1/6) of the estate
- When multiple grandmothers are present: They share the one-sixth equally
Maternal Grandmother
- When the mother is absent: Receives one-sixth (1/6) of the estate
- When multiple grandmothers are present: They share the one-sixth equally
Uncles and Aunts' Shares
Paternal Uncles
- Inherit as residuary heirs in the absence of children, parents, grandparents, and siblings
- Full paternal uncles take precedence over paternal half-uncles
Maternal Uncles and Aunts
- Generally considered distant kindred (dhawil arham)
- Inherit only in the absence of primary heirs and residuary heirs
- In the Jafari (Shia) school, inherit in the third category of heirs, receiving one-third of the estate collectively
Cousins' Shares
- Sons of paternal uncles: Inherit as residuary heirs in the absence of closer heirs
- Other cousins: Generally considered distant kindred with limited inheritance rights
The Concept of Hajb (Exclusion) in Extended Family Inheritance
In Islamic inheritance, the presence of certain heirs can exclude (hajb) others from inheriting. This principle significantly affects extended family members:
1. Complete Exclusion (Hajb Hirman)
Some heirs completely exclude others from inheritance:
- Sons exclude grandsons and more distant male descendants
- Father excludes paternal grandfather and more distant male ascendants
- Brothers exclude nephews and paternal uncles
- Paternal uncles exclude their sons (cousins of the deceased)
2. Partial Exclusion (Hajb Nuqsan)
Some heirs reduce the shares of others:
- Children reduce the spouse's share
- Multiple sisters sharing two-thirds may reduce a paternal half-sister's share
Understanding these exclusion rules is crucial for determining which extended family members are entitled to inherit and what shares they receive.
Order of Priority Among Extended Family Members
Islamic inheritance law establishes a clear order of priority among heirs, including extended family members:
General Order of Priority
- Primary heirs: Spouses, parents, and children
- Secondary heirs: Grandparents and siblings
- Tertiary heirs: Uncles, aunts, and their children (cousins)
- Distant kindred: More remote relatives
Specific Order Among Extended Family
- Among grandparents:
- Paternal grandfather > Maternal grandfather
-
Closer generations > More distant generations
-
Among grandchildren:
- Son's children > Daughter's children
-
Closer generations > More distant generations
-
Among uncles and aunts:
- Paternal uncles > Maternal uncles (as residuary heirs)
-
Full relatives > Agnate relatives > Uterine relatives
-
Among cousins:
- Children of paternal uncles > Children of paternal aunts
- Children of full relatives > Children of agnate relatives
Differences Across Schools of Islamic Jurisprudence
The major schools of Islamic jurisprudence differ in their approach to the inheritance of extended family members:
Hanafi School
- Paternal grandfather excludes siblings
- Recognizes the inheritance rights of distant kindred (dhawil arham)
- Has a detailed system for their inheritance based on the principles of Imam Muhammad and Imam Yusuf
Maliki School
- Paternal grandfather does not exclude siblings
- Generally does not recognize the inheritance rights of distant kindred if the public treasury (Bayt al-Mal) is well-managed
Shafi'i School
- Paternal grandfather does not exclude siblings
- Generally does not recognize the inheritance rights of distant kindred if the public treasury is well-managed
Hanbali School
- Paternal grandfather does not exclude siblings
- Recognizes the inheritance rights of distant kindred
- Has a detailed system for their inheritance
Jafari (Shia) School
- Grandparents belong to the second category of heirs and inherit in the absence of parents and children
- Uncles and aunts belong to the third category of heirs
- Recognizes representation within each category (descendants can represent their deceased ancestors)
Practical Examples of Extended Family Inheritance
Example 1: Grandparents
A man dies leaving behind his paternal grandfather, maternal grandmother, and wife. The estate is valued at $120,000.
Calculation according to Sunni schools:
- Wife's share: 1/4 (no children) = $30,000
- Maternal grandmother's share: 1/6 = $20,000
- Paternal grandfather's share: Residue = $70,000
Calculation according to the Jafari school:
- Wife's share: 1/4 (no children) = $30,000
- Remaining $90,000 is divided between grandparents:
- Paternal grandfather: 2/3 of $90,000 = $60,000
- Maternal grandmother: 1/3 of $90,000 = $30,000
Example 2: Uncles and Aunts
A man dies leaving behind his full paternal uncle, maternal uncle, and wife. The estate is valued at $180,000.
Calculation according to Sunni schools:
- Wife's share: 1/4 (no children) = $45,000
- Full paternal uncle's share: Residue = $135,000
- Maternal uncle: Nothing (considered distant kindred)
Calculation according to the Jafari school:
- Wife's share: 1/4 (no children) = $45,000
- Remaining $135,000 is divided between uncles:
- Paternal uncle: 2/3 of $135,000 = $90,000
- Maternal uncle: 1/3 of $135,000 = $45,000
Example 3: Mixed Extended Family
A man dies leaving behind his paternal grandfather, maternal grandmother, paternal uncle, and daughter. The estate is valued at $360,000.
Calculation according to Sunni schools:
- Daughter's share: 1/2 = $180,000
- Paternal grandfather's share: 1/6 = $60,000
- Maternal grandmother's share: 1/6 = $60,000
- Paternal uncle's share: Residue = $60,000
Calculation according to the Jafari school:
- Daughter's share: 1/2 = $180,000
- Paternal grandfather and maternal grandmother share the remaining $180,000:
- Paternal grandfather: 2/3 of $180,000 = $120,000
- Maternal grandmother: 1/3 of $180,000 = $60,000
- Paternal uncle: Nothing (excluded by grandparents)
Common Questions About Extended Family Inheritance
Do grandchildren inherit from their grandparents?
In Islamic law, grandchildren do not automatically inherit from their grandparents if the connecting parent (the child of the deceased) is alive. If the connecting parent is deceased, the inheritance rights of grandchildren depend on their relationship:
- Son's children: May inherit in the absence of sons, with specific shares depending on the situation
- Daughter's children: Generally considered distant kindred in Sunni schools and only inherit in the absence of primary heirs and residuary heirs
Grandparents can allocate up to one-third of their estate to grandchildren through a will (wasiyyah), regardless of whether they would otherwise inherit.
Can uncles inherit in the presence of daughters?
Yes, paternal uncles can inherit in the presence of daughters. When a deceased leaves behind a daughter and a paternal uncle, the daughter receives her fixed share (one-half if single, two-thirds if multiple), and the paternal uncle receives the remainder as a residuary heir. However, uncles do not inherit in the presence of sons, fathers, or brothers.
What is the "obligatory bequest" for grandchildren?
The "obligatory bequest" (wasiyyah wajibah) is a legal concept adopted in some Muslim-majority countries to provide for orphaned grandchildren whose parent (the child of the deceased) died before the deceased. It allocates a portion of the estate to these grandchildren, usually not exceeding one-third, even if the deceased did not make a will.
This concept is not found in classical Islamic law but has been introduced as a form of legal reform to address the situation of orphaned grandchildren.
Do maternal relatives have inheritance rights?
Yes, maternal relatives do have inheritance rights in Islamic law, though their rights are generally more limited compared to paternal relatives:
- Maternal grandparents: Inherit in specific circumstances, with shares varying by school of thought
- Maternal uncles and aunts: Generally considered distant kindred in Sunni schools. In the Jafari school, they inherit in the third category, receiving one-third collectively
- Maternal cousins: Generally considered distant kindred with limited inheritance rights
Modern Applications and Considerations
1. Islamic Inheritance in Non-Muslim Countries
Muslims living in non-Muslim countries often face challenges in implementing Islamic inheritance rules, especially for extended family members. Some solutions include:
- Creating a valid will that follows both Islamic principles and local legal requirements
- Establishing a family trust or other legal structures that allow for distribution according to Islamic principles
- Distributing assets during one's lifetime through gifts (hibah)
- Consulting with Islamic scholars and legal experts who specialize in both Islamic law and the local legal system
2. Legal Reforms in Muslim-Majority Countries
Many Muslim-majority countries have introduced legal reforms affecting the inheritance rights of extended family members, including:
- Obligatory bequest laws: Providing for orphaned grandchildren whose parent died before the grandparent
- Expanded rights for distant relatives: Giving greater inheritance rights to relatives who would traditionally have limited rights
- Codification of specific schools: Adopting the rules of a particular school of thought or combining elements from different schools
3. Estate Planning for Extended Family
Modern Islamic estate planning often involves a combination of tools to ensure compliance with both Islamic principles and local laws, particularly when providing for extended family members:
- Islamic wills that comply with local legal requirements
- Inter vivos gifts (hibah) to distribute assets during lifetime
- Family trusts or waqf (endowments) for long-term wealth management
- Professional advice from experts in both Islamic law and local legal systems
Conclusion
Islamic inheritance law provides a comprehensive framework for the distribution of wealth among heirs, including extended family members.
While extended family members generally inherit only in the absence of closer relatives, the system ensures that wealth is distributed fairly among all eligible heirs according to their relationship to the deceased.
Understanding these rules helps ensure that extended family members receive their divinely ordained shares when applicable, contributing to family harmony and financial justice.
For precise calculations based on your specific family situation, consider using our Islamic Inheritance Calculator, which provides accurate distribution according to Shariah principles.
References
- The Holy Quran, Surah An-Nisa (4:11-12, 4:176)
- Sahih Al-Bukhari and Sahih Muslim (Hadith collections)
- Al-Mughni by Ibn Qudamah
- Fiqh al-Mawarith by Dr. Muhammad Al-Zuhayli
- Inheritance According to the Five Schools of Islamic Law by Muhammad Jawad Mughniyya
- Resolution No. 183 (19/7) of the International Islamic Fiqh Academy
- AAOIFI Shariah Standard No. 35 on Wills