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Ilm al-Fara'id — The Science of Inheritance Shares: Quranic Fixed Fractions, the 'Asaba, and the Bohra Succession

عِلمُ الفَرَائِض — عِلمُ حِصَصِ المِيرَاث: الأَنصِبَةُ القُرآنِيَّةُ الثَّابِتَةُ وَالعَصَبَةُ وَالخِلَافَةُ البَهرَة
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Ilm al-Fara'id (عِلمُ الفَرَائِض — the Science of the Obligatory Shares; *fard* = fixed share; also called *'ilm al-mirath* or simply *faraid*) is the branch of Islamic jurisprudence calculating the division of a deceased person's estate among heirs according to Quranic specifications. The Quran in verses 4:11-12 and 4:176 (the 'verse of summer' — ayat al-sayf — because it was revealed in summer) specifies fixed fractions (*furud*) for particular relatives: 1/2, 1/4, 1/8, 2/3, 1/3, and 1/6. These six fractions, applied to the estate after clearing debts and bequests (which have priority), define the *dhawil furud* (those with fixed shares). Remaining assets after the furud-holders are satisfied go to the *'asaba* (residual male agnate heirs). The science requires determining which heirs exclude others (*hajb*), and what happens when shares sum to more than the estate (*'awl*) or less (*radd*).

The Six Fixed Fractions (Furud Muqaddara)

The Quran specifies six fixed fractions:

FractionWho receives it
1/2Husband (if no child), daughter (sole surviving), father’s daughter (sole surviving), full sister (sole surviving)
1/4Husband (if child exists), wife (if no child)
1/8Wife/wives (if child exists)
2/3Two or more daughters, two or more full sisters
1/3Mother (if no child and no two or more siblings), two or more maternal siblings
1/6Father (when child exists), mother (when child or two siblings exist), maternal sibling

’Asaba: The Residual Heirs

After the furud-holders receive their shares, the remainder goes to the ‘asaba — male agnate relatives in order of closeness: son, then son’s son, then father, then brother, then father’s brother, and so on. The ‘asaba can be:


’Awl and Radd

‘Awl (increase): when the furud shares add up to more than the estate, each heir’s fraction is reduced proportionally. Example: husband (1/2) + two sisters (2/3) + mother (1/6) = 4/3 — impossible. The denominator is raised (made ‘awl) so each gets a reduced proportional share.

Radd (return): when the furud shares add up to less than the estate and no ‘asaba exists, the surplus is returned proportionally to the furud-holders (excluding the spouse).

See also: Fiqh Al Mawarith, Fiqh Al Wasiyyah, Fiqh Al Dayn, Fiqh Al Aqd, Dai Al Mutlaq, Waqf

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