01. Asabah aur Aqsaam ul Asabah [The Condition of Heirs]
The Condition of Heirs (Ahwal al-Warithin)
✦ Categories of Heirs (Wurasa – Male and Female):
- Ashab-ul-Furood
- Al-Asabah
1. Ashab-ul-Furood
- Linguistic Meaning: The term “Furood” is the plural of “Farz,” which means “cut” in Arabic. It signifies the portion of inheritance that is allocated after being deducted from the estate.
- Terminological Meaning: These are heirs who are given a fixed share of inheritance as stipulated by the Qur’an, Sunnah, or the consensus of the Companions.
List of Ashab-ul-Furood:
- Husband
- Father
- Grandfather
- Maternal Brother
- Wife
- Daughter
- Granddaughter
- Mother
- Grandmother
- Maternal Grandmother
- Full Sister
- Consanguine Sister
- Maternal Sister
The shares assigned to them are six in number, which are mentioned in Surah An-Nisa, Ayah 11, 12, and 176:
- 1/2 (Half)
- 1/4 (Quarter)
- 1/8 (One-Eighth)
- 2/3 (Two-Thirds)
- 1/3 (One-Third)
- 1/6 (One-Sixth)
In addition, there is a seventh share called “Thulth al-Baqi” (One-Third of the Residue), derived through Ijtihad. It was given to the mother during the caliphate of Sayyiduna Umar (RA) based on the ijtihad of Sayyiduna Zaid bin Thabit (RA). Similarly, the grandfather also receives this share in certain cases involving the presence of siblings.
2. Al-Asabah
- Linguistic Meaning: “Asabah” is the plural of “Aasib,” which refers to a group, binding, or strengthening.
- Terminological Meaning: These are heirs who do not have a fixed share of inheritance. If they are the sole heirs, they take the entire estate. If they coexist with an heir from Ashab-ul-Furood, they receive the remainder after the fixed shares are allocated. If no remainder exists, they receive nothing.
Categories of Al-Asabah:
- Al-Asabah bil Nafs
- Al-Asabah bil Ghair
- Al-Asabah ma’al Ghair
1. Al-Asabah bil Nafs:
This refers to male heirs who are directly related to the deceased without any intermediary female connection.
Twelve Members:
- Son
- Grandson
- Father
- Grandfather
- Full Brother
- Consanguine Brother
- Son of a Full Brother
- Son of a Consanguine Brother
- Full Paternal Uncle
- Consanguine Paternal Uncle
- Son of a Full Paternal Uncle
- Son of a Consanguine Paternal Uncle
Order of Priority:
Al-Asabah bil Nafs is divided into four degrees. Heirs in a higher degree exclude those in lower degrees.
- First Degree: Son and Grandson. In the presence of a son, a grandson is excluded.
- Second Degree: Father and Grandfather. In the presence of a father, a grandfather is excluded.
- Third Degree: Full Brother, Consanguine Brother, and their sons. In the presence of a Full Brother, Consanguine Brother and their sons are excluded.
- Fourth Degree: Full Paternal Uncle, Consanguine Paternal Uncle, and their sons. In the presence of a Full Paternal Uncle, Consanguine Paternal Uncle and their sons are excluded.
2. Al-Asabah bil Ghair:
This category includes four female heirs:
- Daughter
- Granddaughter
- Full Sister
- Consanguine Sister
These women receive a fixed share (either 1/2 or 2/3) but become Al-Asabah bil Ghair in the presence of their male counterparts (e.g., daughter with a son). According to the Qur’anic rule, “For the male, a share equal to that of two females,” they receive half of the male’s share.
3. Al-Asabah ma’al Ghair:
This refers to two female heirs:
- Full Sister
- Consanguine Sister
They receive a fixed share (1/2 or 2/3) but can act as Al-Asabah ma’al Ghair when there is no son, grandson, full brother, or consanguine brother present.
For example, a Full Sister becomes equivalent to a Full Brother in such cases and excludes lower-degree heirs such as the sons of paternal uncles. Similarly, a Consanguine Sister becomes equivalent to a Consanguine Brother and excludes other lower-degree heirs.
REFERENCE:
Urdu Book: “Islam Ka Qanoon-e-Warasaat” of Salah Uddin Haider Lakhwi.
English translated by : Umme Abdul Rahman
Review by : Professor Sheikh Bilal.