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Muslim Father Inheritance share in Islam

Not many inheritance laws worldwide recognize the Father to be the primary heir except in case of Intestacy succession. Under Muslim succession law, Muslim Father inherits as primary heirs. Muslim father receives one-sixth (i.e., 1/6) fixed or prescribed division. Father can receive additional residue (i.e., one-sixth share + Residue) if Sons and Sons of Sons how low soever do not survive. Father inherits one-half (i.e., 1/2) share only if surviving inheritors are Father, Mother (receives one-fourth or 1/4), and Wife (receives one-fourth or 1/4 prescribed share). Father inherits one-third (i.e., 1/3) if only surviving inheritors are Father, Mother (receives one-sixth or 1/6 prescribed share), and Husband (receives one-half or 1/2 prescribed share). Refer to "Islamic inheritance sharers and residuary" to learn more.

If Husband left with Wife or Widow, Husband's parents will be eligible to receive division. If Wife left with Husband or Widower, Wife's parents will be eligible to receive division. This feature is unique under Muslim succession law that you may not find many other laws.

There is certain Hajb (i.e. blocking or exclusion) rules are applicable for ascendants of Father. Father under Islamic inheritance law cannot be blocked by any inheritors, but Father blocks Father of Father how high soever as well as siblings and their descendants. Father blocks the Mother of Father as per Hanafi, Shafii, and Maliki but not as per Hanbali.

Father also can own lifetime gifts (i.e., Hiba) from their children without any classification or restrictions.

 

The Islamic inheritance course offered by Wassiyyah is an exclusive master course that you may consider signing up for. We encourage you to read our book, which includes exclusive details about Islamic inheritance sharers, shares, residuary, and distant kindred relatives.

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