MirathميراثFRENع

Inheritance: husband, 2 daughters, father, mother

Worked out under the Maliki school, with an example of F CFA 10,000,000. The fractions hold whatever the amount.

Redo it with your figures

Division of the estate of a woman

Maliki school · Net to divide: F CFA 10,000,000

HeirShareParts%Amount
HusbandFixed share320%F CFA 2,000,000
FatherFixed + residue213.33%F CFA 1,333,334
MotherFixed share213.33%F CFA 1,333,333
2 daughtersFixed share853.33%F CFA 5,333,333F CFA 2,666,667 each
Total115100%F CFA 10,000,000
Base of the case (asl al-mas'ala)12→ Raised by 'awl to15Final base (after correction)15

Every heir receives a whole number of parts out of 15.

Breakdown

  • 2 daughters53.33%
  • Husband20%
  • Father13.33%
  • Mother13.33%

Step-by-step explanation

In the order a scholar would set it out: who is excluded, then each share, then the final adjustment.

  1. Husband

    One quarter rather than a half, as the deceased left a descendant.

    Quran 4:12Family Code art. 608
  2. Father

    One sixth as a fixed share, then the residue, since there are only female descendants.

    Quran 4:11Bukhari 6732 ; Muslim 1615Family Code art. 582
  3. Mother

    One sixth, as the deceased left a descendant.

    Quran 4:11Family Code art. 619
  4. 2 daughters

    Two thirds, shared equally: several daughters with no brother.

    Quran 4:11Family Code art. 611
  5. The fixed shares add up to more than the whole estate. The base rises from 12 to 15 and every heir is reduced in the same proportion ('awl).

    'Umar ibn al-Khattab ('awl)Family Code art. 594Family Code art. 598
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ

Quran 4:11 · "Allah instructs you concerning your children: for the male, the share of two females…" Shares of children and parents.

وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ

Quran 4:12 · "For you is half of what your wives leave if they have no child…" Shares of spouses and maternal siblings.

For information only. Have it checked by a notary or a qualified scholar. This assumes no heir is missing, unborn or under an impediment.

Other situations