1. Facts of the Case
‘A’, a Sunni Muslim, dies intestate (without leaving a will).
He leaves behind the following legal heirs:
- Widow (wife)
- Father
- Two sons
- Two daughters
The question arises as to how the property of A should be distributed among his heirs according to Sunni Muslim personal law (Hanafi School).
Since A has left both male and female children along with his father and widow, the inheritance will be divided according to Quranic shares and residuary rules under Islamic succession law.
2. Issues in the Case
- Who are the sharers and residuaries among the heirs left by A?
- What are the fixed Quranic shares of the widow and the father?
- How should the remaining property (residue) be distributed among the sons and daughters?
- What is the final fractional division of the estate according to Sunni law?
3. Legal Principles Covered
A. Sources of Muslim Inheritance Law
The law of inheritance under Sunni (Hanafi) Muslim Law is derived from:
- The Holy Quran,
- Hadith (Prophet’s sayings),
- Ijma (consensus of scholars), and
- Qiyas (analogical reasoning).
The distribution follows the order of:
- Sharers (fixed heirs) — heirs who receive fixed Quranic shares, and
- Residuaries (ʿAsabah) — heirs who take the residue after sharers’ shares are distributed.
B. Step-by-Step Legal Application
Heirs of ‘A’:
- Widow (wife) — Sharer
- Father — Sharer
- Two sons — Residuaries
- Two daughters — Residuaries
(i) Share of the Widow (Wife)
- Under Quran (Surah An-Nisa 4:12),
- If the deceased leaves children, the wife gets 1/8th share.
- Since A has children, the widow’s share is 1/8.
Widow’s share = 1/8
(ii) Share of the Father
- Under Quran (Surah An-Nisa 4:11),
- If the deceased leaves children, the father gets a fixed share of 1/6,
- and if anything remains, he can also inherit as a residuary.
- However, since there are male children, the father gets only 1/6 as a fixed sharer.
Father’s share = 1/6
(iii) Share of Children (Two Sons and Two Daughters)
- The remaining property after giving the shares to the widow and father goes to the children as residuaries.
- Under Sunni law, “a male gets double the share of a female.” (Quran 4:11)
- Therefore, the residue will be distributed among the two sons and two daughters in a 2:1 ratio.
(iv) Calculation of Shares
Let the total property = 1 (whole estate)
- Widow’s share = 1/8 = 3/24
- Father’s share = 1/6 = 4/24
→ Total distributed = 3/24 + 4/24 = 7/24
Remaining residue = 17/24 (to be divided among children)
Now, among two sons and two daughters, the shares are in the ratio 2 : 2 : 1 : 1 = 6 parts total.
Each son gets 2 parts, and each daughter gets 1 part out of these 6 parts.
So:
- Each son = (2/6) × (17/24) = 34/144 = 17/72
- Each daughter = (1/6) × (17/24) = 17/144
4. Possible Judgement
Based on the application of Sunni Muslim Law of Inheritance, the property of the deceased A shall be distributed as follows:
| Heirs | Relationship to Deceased | Nature of Heir | Fractional Share | Share out of 24 parts |
|---|---|---|---|---|
| Widow (Wife) | Surviving spouse | Sharer | 1/8 | 3/24 |
| Father | Ascendant | Sharer | 1/6 | 4/24 |
| Two Sons | Lineal descendants | Residuaries | 17/72 each | ≈ 5.67/24 each |
| Two Daughters | Lineal descendants | Residuaries | 17/144 each | ≈ 2.83/24 each |
Summary of Distribution:
- Widow: 1/8
- Father: 1/6
- Two Sons and Two Daughters (Residuaries): Share the residue (17/24) in the ratio of 2:1 (each son gets double the share of each daughter).
Legal Outcome:
The property is distributed according to Quranic injunctions (Surah An-Nisa 4:11–12) and Sunni Muslim Personal Law.
The widow and father get their fixed shares, and the remaining portion of the estate is divided among the children as residuaries, with each male receiving twice the share of a female.
Final Distribution Summary
| Heir | Share | Explanation |
|---|---|---|
| Widow | 1/8 | Fixed Quranic share (since deceased left children) |
| Father | 1/6 | Fixed Quranic share (since deceased left descendants) |
| 2 Sons | Double the share of daughters from the residue (17/24) | |
| 2 Daughters | Half the share of sons from the residue (17/24) |
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