Definition and Types of ‘Asabah | Principles of Islamic Inheritance
(Excerpted from the book Islami Qanoon-e-Wirasat by Maulana Abu Nu’man Basheer Ahmad)
Explain the definition and types of ‘Asabah in detail.
Linguistic Meaning:
The word "عصبہ" linguistically refers to strengthening and connecting.
Terminological Meaning:
In Islamic inheritance law, ‘Asabah refers to the close male relatives of the deceased whose shares are not fixed but who inherit the residual estate after the fixed shares (اصحاب الفرائض) have been distributed.
In the absence of heirs with fixed shares, they inherit the entire estate.
‘Asabah is broadly divided into two main types:
❶ ‘Asabah Nasabiyyah (By Blood Relation)
❷ ‘Asabah Sababiyyah (By Causal Relationship)
These are those who become ‘Asabah due to blood relations. They are further divided into three categories:
These are male relatives of the deceased who, when traced in lineage, do not have any female link in the middle.
There are four directions in order of preference:
➤ Line of the Son:
The deceased’s son, in his absence the grandson, and in his absence the great-grandson, and so on.
➤ Line of the Father:
The deceased’s father, then the paternal grandfather, then the great-grandfather, and so on.
➤ Line of the Brother:
The deceased’s brother, in his absence the nephew (brother’s son), and so on.
➤ Line of the Paternal Uncle:
The deceased’s paternal uncle, in his absence the uncle’s son, and so on.
These are female heirs with fixed shares, who become ‘Asabah by being joined with their brothers.
There are four such individuals:
✿ Daughter
✿ Granddaughter (son’s daughter or lower)
✿ Full Sister
✿ Paternal Sister
In their case, inheritance is distributed according to the principle:
﴿لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾
(For the male, a portion equal to that of two females)
These are female relatives who become ‘Asabah because of another female heir.
This includes:
✿ Full Sister
✿ Paternal Sister
…but only when joined with a Daughter or Granddaughter in inheritance.
If a freed slave dies and leaves behind no blood-relative heirs, then the person who freed him becomes his heir.
This is called ‘Asabah Sababiyyah.
The Messenger of Allah ﷺ said:
"إِنَّمَا الْوَلَاءُ لِمَنْ أَعْتَقَ"
“The right of inheritance through loyalty is for the one who freed [the slave].”
(Ṣaḥīḥ al-Bukhārī, Bāb al-Shirāʾ wa al-Bayʿ maʿa al-Nisāʾ, Ḥadīth 2156
& Ṣaḥīḥ Muslim, al-ʿItq, Bāb Bayān Anna al-Walāʾ liman Aʿtaqa, Ḥadīth 1504)
① Among the ‘Asabah, the first category of ‘Asabah bin-Nafs (Line of the Son) is given top priority in inheritance. If unavailable, the next category is considered, and so on.
② In inheritance, the ‘Asabah who is closer in degree to the deceased will be given precedence.
For example: A son takes priority over a grandson.
③ The stronger relation will take precedence over the weaker one.
For example: A full brother is preferred over a paternal brother.
The Messenger of Allah ﷺ said:
"إِنَّ أَعْيَانَ بَنِي الْأُمِّ يَتَوَارَثُونَ دُونَ بَنِي الْعَلَاتِ"
“Indeed, full siblings (from same mother and father) inherit, whereas half-siblings (from the father's side only) do not.”
(Musnad Aḥmad: Vol. 1, p. 79 & Jāmiʿ al-Tirmidhī, Book of Inheritance, Ḥadīth 2095)
(Excerpted from the book Islami Qanoon-e-Wirasat by Maulana Abu Nu’man Basheer Ahmad)
❖ Question:
Explain the definition and types of ‘Asabah in detail.
❖ Answer:
Definition of ‘Asabah:
Linguistic Meaning:
The word "عصبہ" linguistically refers to strengthening and connecting.
Terminological Meaning:
In Islamic inheritance law, ‘Asabah refers to the close male relatives of the deceased whose shares are not fixed but who inherit the residual estate after the fixed shares (اصحاب الفرائض) have been distributed.
In the absence of heirs with fixed shares, they inherit the entire estate.
❖ Types of ‘Asabah:
‘Asabah is broadly divided into two main types:
❶ ‘Asabah Nasabiyyah (By Blood Relation)
❷ ‘Asabah Sababiyyah (By Causal Relationship)
❶ ‘Asabah Nasabiyyah (By Blood Relation):
These are those who become ‘Asabah due to blood relations. They are further divided into three categories:
(A) ‘Asabah bin-Nafs (By Themselves):
These are male relatives of the deceased who, when traced in lineage, do not have any female link in the middle.
There are four directions in order of preference:
➤ Line of the Son:
The deceased’s son, in his absence the grandson, and in his absence the great-grandson, and so on.
➤ Line of the Father:
The deceased’s father, then the paternal grandfather, then the great-grandfather, and so on.
➤ Line of the Brother:
The deceased’s brother, in his absence the nephew (brother’s son), and so on.
➤ Line of the Paternal Uncle:
The deceased’s paternal uncle, in his absence the uncle’s son, and so on.
(B) ‘Asabah bil-Ghayr (Through Others):
These are female heirs with fixed shares, who become ‘Asabah by being joined with their brothers.
There are four such individuals:
✿ Daughter
✿ Granddaughter (son’s daughter or lower)
✿ Full Sister
✿ Paternal Sister
In their case, inheritance is distributed according to the principle:
﴿لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾
(For the male, a portion equal to that of two females)
(C) ‘Asabah ma‘ al-Ghayr (With Others):
These are female relatives who become ‘Asabah because of another female heir.
This includes:
✿ Full Sister
✿ Paternal Sister
…but only when joined with a Daughter or Granddaughter in inheritance.
❷ ‘Asabah Sababiyyah (By Causal Relationship):
If a freed slave dies and leaves behind no blood-relative heirs, then the person who freed him becomes his heir.
This is called ‘Asabah Sababiyyah.
The Messenger of Allah ﷺ said:
"إِنَّمَا الْوَلَاءُ لِمَنْ أَعْتَقَ"
“The right of inheritance through loyalty is for the one who freed [the slave].”
(Ṣaḥīḥ al-Bukhārī, Bāb al-Shirāʾ wa al-Bayʿ maʿa al-Nisāʾ, Ḥadīth 2156
& Ṣaḥīḥ Muslim, al-ʿItq, Bāb Bayān Anna al-Walāʾ liman Aʿtaqa, Ḥadīth 1504)
❖ Important Notes:
① Among the ‘Asabah, the first category of ‘Asabah bin-Nafs (Line of the Son) is given top priority in inheritance. If unavailable, the next category is considered, and so on.
② In inheritance, the ‘Asabah who is closer in degree to the deceased will be given precedence.
For example: A son takes priority over a grandson.
③ The stronger relation will take precedence over the weaker one.
For example: A full brother is preferred over a paternal brother.
The Messenger of Allah ﷺ said:
"إِنَّ أَعْيَانَ بَنِي الْأُمِّ يَتَوَارَثُونَ دُونَ بَنِي الْعَلَاتِ"
“Indeed, full siblings (from same mother and father) inherit, whereas half-siblings (from the father's side only) do not.”
(Musnad Aḥmad: Vol. 1, p. 79 & Jāmiʿ al-Tirmidhī, Book of Inheritance, Ḥadīth 2095)
