Excerpt from the book “Islāmī Qānūn-e-Wirāth” by Maulānā Abū Nuʿmān Bashīr Aḥmad
❖ Topic:
Detailed Method of Distributing Inheritance According to Islamic Law
✿ Structured Guidelines for Division of Inheritance:
① Single Heir Scenario:
If the deceased has only one heir (whether from Aṣḥāb al-Furūḍ, ʿAṣabah, or Dhū al-Arḥām),
👉 that individual inherits the entire estate — no further division is required.
② Multiple Male Agnate Heirs (ʿAṣabah Nasabī):
If the heirs are multiple male agnates,
👉 the estate is divided equally among them.
Example:
Three sons inherit → Estate divided into 3 equal shares (1/3 each).
③ Combination of Males and Females Among Agnates:
Apply the Quranic rule:
﴿لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ﴾
“To the male, a share equal to that of two females.”
📖 Surah an-Nisā’ (4:11)
Example:
Heirs = 1 son + 2 daughters
Estate = ₹8000
➤ Total parts = 4 (son = 2 parts, each daughter = 1 part)
➤ Distribution:
- Son: ₹4000
- Each daughter: ₹2000
④ Inheritance Involving Aṣḥāb al-Furūḍ + ʿAṣabah Nasabī:
Proceed in two steps:
Step 1: Correction (Taṣḥīḥ) of the Legal Problem
Step 2: Reconciliation of Ratio Between ‘Corrected Shares’ and the Actual Estate
➡ Two types of ratios:
A. Nisbat Taqāfūq (Compatible Ratio):
- Multiply each heir’s share by the L.C.M. (wafq) of the estate and divide the result by the L.C.M. of corrected shares.
B. Nisbat Tabāyun (Incompatible Ratio):
- Multiply each heir’s share by the estate amount and divide by the corrected total shares.
Note:
To find the share of each individual in a group, divide that group’s share by the number of members.
⑤ When the Estate Contains Fractions:
Convert the entire estate to a common denominator matching the fractional unit.
Example:
Estate = ₹10.5
Convert into 21 units (using ½ rupee units or “aṭhnī”)
Then follow the usual division method.
✿ If the Deceased Has Multiple Creditors:
When the total debt exceeds the estate, do the following:
- Treat each individual debt as a share (sahm)
- Treat the sum of all debts as the base (taṣḥīḥ)
➡ Use the same ratio logic (taqāfūq or tabāyun) as above.
Example:
- Total debt = 9
- Estate = 6
- Ratio = Taqāfūq (⅓)
➤ Multiply each debt by estate’s wafq (2)
➤ Divide by wafq of total debt (3)
➤ The result is the adjusted share of each creditor.
