MirathميراثFRENع

Inheritance: husband, mother, father

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 share350%F CFA 5,000,000
FatherResiduary233.33%F CFA 3,333,333
MotherFixed share116.67%F CFA 1,666,667
Total16100%F CFA 10,000,000
Base of the case (asl al-mas'ala)6Final base (after correction)6

Every heir receives a whole number of parts out of 6.

Breakdown

  • Husband50%
  • Father33.33%
  • Mother16.67%

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-'Umariyyatan

    Only the spouse, father and mother inherit. So that the father keeps twice the mother's share, she takes a third of the remainder rather than a third of the whole: a ruling of 'Umar followed by all four schools.

    'Umar ibn al-Khattab (al-'Umariyyatan)Family Code art. 641
  2. Husband

    One half, as the deceased left no descendant.

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

    Everything left after the fixed shares, as residuary ('asaba).

    Quran 4:11Bukhari 6732 ; Muslim 1615Family Code art. 577
  4. Mother

    One third of what remains after the spouse's share, which is 1/6 of the estate. The father thus keeps twice the mother's share.

    'Umar ibn al-Khattab (al-'Umariyyatan)Family Code art. 641
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