There are two types of exclusion: total and partial. As defined earlier, total exclusion means preventing a rightful heir from getting any share of a deceased’s estate due to the presence of another heir. We looked at 22 rules of (total) exclusion. Now, partial exclusion is the reduction of an heir’s share of the estate due to the presence of another heir. Such reduction can be
- From a higher share to a lower share.
- From the whole estate to a share.
- From a share to residue.
- From whole estate to residue.
Thus, from our discussion so far, the following can be deduced:
Partial exclusion (P.E) rule 1: Son, daughter, male descendant and female descendant each excludes husband from ½ to ¼.
P.E rule 2: Son, daughter, male descendant and female descendant each excludes wife/wives from ¼ to 1/8.
P.E rule 3: Son, daughter, male descendant and female descendant each excludes mother from 1/3 to 1/6.
P.E rule 4: Two or more brothers and/or sisters of the same kind or a “combination of kinds” excludes mother from 1/3 to 1/6.
P.E rule 5: Son, male descendant or a combination of son and daughter, daughter and male descendant as well as male and female descendants each excludes father, grandfather or his ascendant from inheriting the whole estate to 1/6.
P.E rule 6: Daughter, female descendant or a combination of daughter and female descendant each excludes father, grandfather or his ascendant from having the whole estate to 1/6 plus the residue (if any).
P.E rule 7: A (single) daughter excludes granddaughter from ½ to 1/6.
P.E rule 8: A daughter excludes two or more granddaughters from 2/3 to 1/6. Remember that two or more daughters totally exclude strictly granddaughters.
P.E rule 9: A daughter or female descendant excludes full or consanguine sister from ½ to residue.
P.E rule 10: A daughter or female descendant excludes two or more full or consanguine sisters from 2/3 to residue.
P.E rule 11: A full sister excludes consanguine sister from ½ to 1/6.
P.E rule 12: A full sister excludes two or more consanguine sisters from 2/3 to 1/6.
P.E rule 13: Father, mother, husband and wife each excludes son, male descendant or a combination of male and female descendants from inheriting the whole estate to residue.
P.E rule 14: Father, mother, husband and wife each do not exclude daughter or female descendant from ½; likewise two or more daughters or female descendants are not excluded from 2/3 by them unless the daughter(s) or female descendant(s) is/are inheriting along son or male descendant respectively in which case, they will become residuaries.
- Male heirs
- Female heirs
- 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)
- YOU ARE HERE: 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!