Sunni Islamic Inheritance Residuary sharer

Updated: Mar 24

Before we learn about Residuary sharer


It would be best you refer to "7 FUNDAMENTALS OF ISLAMIC INHERITANCE LAW" for dynamic and simultaneous application for calculating Islamic inheritance shares.


Non-residuary sharer


Spouse, Mother, Grandmothers (i.e. Father of Mother, Mother of Mother how high soever), and Maternal Siblings never receive residuary shares.


Sunni inheritance law lineage chart of residuary

Residuary shares formula


Residuary Shares = 1 - Prescribed or Fixe shares except Residuary sharer's share


Classification of Residuary


Residuary can be classified into three group.


Residuary in his own right

This includes every male, in whose line of relation to the deceased no female enters and those are offspring of the deceased (i.e. Sons, Daughters, Sons of Sons and Daughters of sons how low soever) and his root (i.e. Father and Father of Father how high soever), the offspring of his father or his brothers, then their sons, how low soever and then the offspring of his grandfather, or his uncles then their sons, how low soever. In all relations, The Full bloods prefer to Half bloods. i.e. the strength of consanguinity prevails.


Residuary in another's right

This includes four females those whose shares are half and two-thirds and who become residuary in right of their brothers.


Residuary together with others

This includes every female who becomes a residuary with another female (For example Sister with a daughter). The Last Residuary is the master of a freedman (which is not a applicable in the contemporary time).


Reference: Al-Sirajiyyah, Page 23 to 26



Residuary sharer


There are specific Tasib (Residuary) orders as agreed by all four Madhab that needs to be followed, as demonstrated in the Islamic Inheritance Lineage Residuary chart below. The word "Tasib" is used for Residuary shares. There are two types of Residuary sharers.


Joint Residuary or Joint Tasib

Joint Tasib is only possible between males and females of following combinations. Males get the double the share of Females. There are six possible combinations where males and females receive the Residue as a Joint Residuary. Only one pair out of six pairs is eligible to receive the Joint Residue at one time i.e. all six pairs cannot inherit simultaneously. They can be any numbers of Males and Females to inherit the Joint Residue in a Single pair. Females are all prescribed sharer normally but they converted to Residuary in the presence of Males. For example, Daughters are Prescribed sharer but they get converted to Residuary in the presence of Sons.

  1. Sons and Daughters if both alive.

  2. Sons of Sons and Daughters of Sons if both alive.

  3. Father of Father and Siblings as per Shafii, Maliki and Hanbali.

  4. Full Brothers and Full Sisters if both alive*.

  5. Paternal Brothers and Paternal Sisters if both alive*.

  6. Father and Mother if survives with Spouse only**.

** -Father and Mother do not receive share as a Joint Residuary as it seems.


However, there are some exceptions to these rules in some of the situations such as Great grandson at the third or lower degree of removal from the praepositus converts into (Joint) Residuary heir a higher agnatic granddaughter but not vice-versa. This is exception to the strict principle of Tasib occurs only between male and female relatives of equal degree, and is based on the ground that if a great grandson must share his residual entitlement with a granddaughter of equal degree, he must a fortiori share it with granddaughter who is nearer in degree to the praepositus than himself and who would otherwise inherit.



Independent Residuary or Independent Tasib

One type of inheritors take the residue as an Independent Tasib as follows.

  1. Sons or Sons of Sons how low soever*.

  2. Father or Father of Father how high soever*.

  3. Full Brothers or Paternal Brothers*.

  4. Full Sisters or Paternal Sisters*.

  5. Consanguine male relatives of deceased includes Full brothers’ sons, Paternal brothers’ sons, Full brothers’ sons’ sons, Paternal brothers’ sons’ sons and so on until generations end. Then the Father’s Full brothers, Father’s Paternal brothers, Father’s Full brothers’ sons, Father’s Paternal brothers’ sons, Father’s Full brothers’ sons’ sons, Father’s Paternal brothers’ sons’ sons and so on until generations end*.

  6. Distant kindred (Receives similar to Prescribed or Fixed and Residuary sharer in the absence of All Prescribed or Fixed and Residuary sharers except Distant kindred do inherit in the presence of Husband or Wife)*.


Residuary orders with all combined

We will combine both Joint and Independent Residuary with orders.

  1. Sons and Daughters or Sons only or Sons of Sons only how low soever.

  2. Sons of Sons and Daughters of Sons or Sons of Sons only how low soever.

  3. Father

  4. Father of Father (how high soever) as per Hanafi. Father of Father (how high soever) and Siblings as per Shafii, Maliki and Hanbali.

  5. Full Brothers and Full Sisters or Full Brothers only or Full Sisters only*.

  6. Paternal Brothers and Paternal Sisters or Paternal Brothers only or Paternal Sisters only*.

  7. Consanguine male relatives of deceased includes Full brothers’ sons, Paternal brothers’ sons, Full brothers’ sons’ sons, Paternal brothers’ sons’ sons and so on until generations end. Then the Father’s Full brothers, Father’s Paternal brothers, Father’s Full brothers’ sons, Father’s Paternal brothers’ sons, Father’s Full brothers’ sons’ sons, Father’s Paternal brothers’ sons’ sons and so on until generations end*.

  8. Distant kindred (Receives similar to Prescribed or Fixed and Residuary sharer in the absence of All Prescribed or Fixed and Residuary sharers except Distant kindred do inherit in the presence of Husband or Wife)*.


Lastly, In special case, Father and Mother receives Joint Residuary if survives with Spouse only.


** - Other conditions and blocking (or exclusion) rule may also apply before they get eligible to receive residue.



Rules for determining Residuary


The conventional rules for identifying the residuary heirs are briefly described below.


FIRST

A sharer is excluded by any person through whom he or she is related to the deceased, and who may participate as a residuary. For example, Father excludes the Father of Father how high soever, Full Sisters or Paternal Sisters.


SECOND

All collateral sharers are excluded by a lineal male descendant or ascendant who can also take as a residuary. For example, Sons exclude full Sisters, Paternal Sisters, Maternal Brothers and Maternal Sisters.


THIRD

A remoter sharer is excluded by nearer residuary who is such that would convert such equally nearer sharer into residuary. For example, Son and Sons of Sons how low soever in nearer degree exclude Daughters of Sons in a lower degree.


FOURTH

Full blood residuary excludes the half blood sharer so that it would convert such full blood sharers into residuary. For example, Full brothers excludes Paternal Sisters as the latter would convert the full sisters into residuary.


FIFTH

All descendants of the parents of the deceased are excluded by one of more lineal descendants of the deceased. For example, Daughters and/or Daughters of Sons exclude Full Sisters and Paternal Sisters as a sharers but they may inherit as a Residuary.


SIXTH

The nearer sharers exclude the more remote sharers, they having taken the maximum collective share fixed for that class. For example, Daughters of sons are excluded as a sharers by multiple daughters or multiple daughters of sons of higher degree or three being one daughter or daughter of son with one or more nearer daughter of son. However, Daughters of Sons may inherit as residuary with son's of Sons of the same or lower degree.


SEVENTH

Full blood sharers exclude the half blood sharers of the same degree and who exhaust the maximum collective sharer fixed for the class. For example, Multiple fulls sisters exclude paternal sisters.


Reference: The Muslim law of Inheritance, P-24 to 30 by Al-Haj Mahomed Ullah


Allah, the Most Glorified and the Most High, knows the best. As a human, We are limited to everything and can not perceive it in totality...


Sunni inheritance law lineage chart of residuary




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