MirathميراثFRENع

Inheritance: husband, mother, 2 maternal half-brothers, full brother

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 share950%F CFA 5,000,000
MotherFixed share316.67%F CFA 1,666,667
Full brotherFixed share211.11%F CFA 1,111,111
2 maternal half-brothersFixed share422.22%F CFA 2,222,222F CFA 1,111,111 each
Total118100%F CFA 10,000,000
Base of the case (asl al-mas'ala)6Final base (after correction)18

Every heir receives a whole number of parts out of 18.

Breakdown

  • Husband50%
  • 2 maternal half-brothers22.22%
  • Mother16.67%
  • Full brother11.11%

Step-by-step explanation

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

  1. Special caseal-Mushtaraka (al-Himariyya)

    Husband, mother, several maternal siblings and full brothers: the fixed shares use up everything. Following 'Umar, Malikis and Shafi'is let the full siblings share the third with the maternal ones; Hanafis and Hanbalis give them nothing.

    'Umar ibn al-Khattab (al-Himariyya)Family Code art. 638
  2. Husband

    One half, as the deceased left no descendant.

    Quran 4:12Family Code art. 602Family Code art. 603
  3. Mother

    One sixth, as the deceased left two or more siblings, even though they are themselves excluded.

    Quran 4:11Family Code art. 619Family Code art. 592
  4. Full brother

    As residuaries nothing was left for them. They are treated as children of the same mother and share the third per head with the maternal siblings.

    'Umar ibn al-Khattab (al-Himariyya)Family Code art. 638Family Code art. 615
  5. 2 maternal half-brothers

    The maternal siblings' third, shared per head with the full siblings.

    Quran 4:12'Umar ibn al-Khattab (al-Himariyya)Family Code art. 638
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