Non-heirs are those relatives not entitled to any part of the deceased’s estate. They include:
1. Daughter’s sons and daughters and their descendants.
They will inherit through their father’s (daughter’s husband’s) line only. Their mother’s line is cognate.
2. Sister’s sons and daughters and their descendants.
This refers to all the three types of sisters: full, consanguine and uterine. Their children will inherit through their father’s line only as the case with daughter’s children.
3. Daughters of full brother.
4. Daughters of consanguine brother.
5. Daughters of full brother’s son.
6. Daughters of consanguine brother’s son
7. Sons and daughters of uterine brother.
8. Sons and daughters of uterine sister.
9. Daughters of full paternal uncle.
10. Daughters of half paternal uncle.
11. Daughters of full paternal uncle’s son.
12. Daughters of half paternal uncle’s son.
14. Paternal aunt, her children and their descendants.
15. Maternal uncle, his children and their descendants.
16. Maternal aunt, her children and their descendants.
17. Maternal grandfather’s mother.
Given that maternal grandmother (the wife of maternal grandfather) is an heir in the absence of mother, if the maternal grandmother is also absent, who takes her place? Her mother. Not her husband’s mother. Therefore, maternal grandfather’s mother is a non-heir.
18. Paternal grandmother’s father.
As in (11) above, paternal grandmother is also an heir in the absence of mother; and in her absence, her mother replaces her, not her father.
- Male heirs
- Female heirs
- YOU ARE HERE: Non heirs
- Impediments to inheritance
- Exclusion – Part 2
- Exclusion – Part 3
- Note on difference of opinion
- Inheritance of children
- Inheritance of spouses
- Inheritance of parents
- Inheritance of grandparents
- Inheritance of siblings
- Residuaries (‘Asabah)
- Partial exclusion
- Inheritance arithmetic (“inherithmetic”)
- Procedure of solving inheritance problems
- Levels of inheritance problems (Level one)
- Level one – continued
- Lowest Common Multiple (LCM)
- Highest Common Factor (HCF)
- Prime numbers
- Increment of base number (‘Awl)
- Level two – Part 1
- Level two – Part 2
- Level two – Part 3
- Level two – Part 4
- Level three
- Inheritance of grandfather along with siblings
- Inheritance of grandfather along with siblings in the presence of other heirs
- Special cases
- Summary of rules
- Further reading
- Solutions to exercises
Your Questions, Our Answers
We have received a number of emails from those who visited this website or downloaded and read INHERITANCE IN ISLAM. Almost all of them were questions on either aspects of inheritance not covered in the book or clarifications needed regarding specific cases. Hence, we thought it wise to reproduce the emails so that others may benefit as well. As always, we welcome suggestions, criticisms and of course, more questions!