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Detailed table

Sep 18, 2007
MAWARITH (THE ISLAMIC DISTRIBUTION OF THE ESTATE) GUIDELINES

ONE SON OR MORE AND ANY NUMBER OF DAUGHTERS

Surviving Heirs Share of the Remainder of My Estate
1a. with no other relatives he, or they, get all the remainder such that sons are equal in their class, daughters are equal in their class, and for a daughter half of a son's share.

1b. with wife 1/8 to wife, the rest as in 1.a

1c. with husband 1/4 to husband, the rest as in 1a

1d. with father and mother 1/6 to father and 1/6 to mother, the rest as in 1a

1e. with one parent 1/6 to parent, the rest as in 1.a

1f. with any Possible combination of 1b, 1c, 1d, and 1e Spouse and parents take shares mentioned above, and the rest as in 1a

1g. with father of father, no parents, no other grandparents 1/6 to father of father and the rest as in 1a

1h. with father of father and mother of father or mother of mother, no parents 1/6 to father of father, 1/6 to either mother of father or mother of mother, the rest as in 1a

1i. 1g or 1h) with wife 1/6 to mother of father or of mother (if she exists); 1/6 to father of father, 1/8 to wife, and father of father, the rest as in 1a

1j. 1g or 1h with husband 1/6 to mother of father or of mother (if she exists); I /6 to father of father; 1/4 to husband; the rest as in 1a.

1k. with father of father, and mother, no father 1/6 to mother, 1/6 to father of father, the rest as in 1a

1l. 1k with wife 1/6 to mother, 1/6 to father of father, 1/8 to wife, and the rest as in 1a

1m. 1k with husband 1/6 to mother, 1/6 to father of father, 1/8 to wife, and the rest as in 1a

1n. with father and mother of mother (no mother) 1/6 to mother of mother, 1/6 to father, and the rest as in 1a

1o. 1n with wife 1/6 to father, 1/6 to mother of mother, 1/8 to wife, and the rest as in 1a

1p. 1n with husband 1/6 to father, 1/6 to mother of mother, 1/4 to husband, and the rest as in 1a

1q. with either mother of father or mother of mother, no parents, and no father of father 1/6 to mother of mother or mother of father, the rest as in 1a

1r. 1q with wife 1/6 to mother of mother or mother of father, 1/8 to wife, the rest as in 1a

1s. 1q with husband 1/6 to mother of mother or mother of father, 1/4 to husband, the rest as in 1a

1t. 1h, 1n, or 1q, but instead of one grand mother, there are two or more, same degree, grandmothers (i.e. mother of mother and mother of father; or mother of mother of mother, mother of mother of father, and mother of father of father, disregard mother of father of mother, and no mother of mother nor mother of father) grandmothers share equally 1/6, father or grandfather 1/6, the rest as in 1a

1u. 1t with husband or wife grandmothers share equally 1/6, father or grandfather 1/6, husband 1/4, or wife 1/8, the rest as in 1a

1v. In each of 1a through 1u, disregard all other relatives not mentioned in the relevant subcases.

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DAUGHTER OR DAUGHTERS; NO SONS

Surviving Heirs Share of the Remainder

2a. with no other relatives If one only, she takes all the remainder. If more than one, they equally share all the remainder.

2b. with wife 1/8 to wife, the rest as in 2a

2c. with husband 1/4 to husband, the rest as in 2a

2d. with father 1/2 to the one daughter, 1/2 to father. If more than one, they share 2/3 equally and 1/3 to father

2e. with mother 1/4 to mother, 3/4 to daughter. If more than one, they share 4/5 equally and 1/5 to mother

2f. with both parents 1/6 to mother, 1/3 to father, 1/2 to daughter. If more than one, 2/3 to daughters equally, 1/6 to mother, and 1/6 to father

2g. with wife and father 1/8 to wife, 1/2 to daughter, and 3/8 to father. If more than one, 2/3 to daughters equally, 1 /8 to wife, and 5/24 to father

2h. with wife and mother 1/8 to wife, 7/32 to mother, 21/32 to daughter. If more than one, 1/8 to wife, 7/40 to mother, and 7/10 to daughters equally

2i. with wife and both parents 1/8 to wife, 1/6 to mother, 5/24 to father, and 1/2 to daughter. If more than one, 3/27 to wife, 4/27 to mother, 4/27 to father, and 16/27 to daughters equally

2j. with husband and father 1/4 to husband, 1/4 to father, and 1/2 to daughter. If more than one, 3/13 to husband, 2/13 to father, and 8/13 to daughters equally

2k. with husband and mother 1/4 to husband, 7/36 to mother, 5/9 to daughter. If more than one, 3/13 to husband, 2/13 to mother, and 8/13 to daughters equally

2l. with husband and both parents 3/13 to husband, 2/13 to father, 2/13 to mother, and 6/13 to daughter. If more than one, 3/15 to husband, 2/15 to father, 2/15 to mother, and 8/15 to daughters equally

2m. with father of father, no father, and no brothers 1/2 to father of father, 1/2 to daughter. If more than one, 1/3 to father of father and 2/3 to daughters equally

2n. 2m with wife As in 2g, but father of father in place of father

2o. 2m with husband As in 2j, but father of father in place of father

2p. 2m with mother, or without mother but with either mother of father or mother of mother As in 2f, but father of father in place of father and grandmother in place of mother; the two grandmothers divide share of mother equally between themselves

2q. 2p with wife As in 2i, but father of father in place of father and grandmother in place of mother; the two grandmothers divide the share of mother equally between themselves

2r. 2p with husband As in 2l but father of father in place of father and grandmother in place of mother; the two grandmothers divide the share of mother equally between themselves

2s. 2p, 2q, 2r but in place of mother, both mother of mother, mother of father; or mother of mother of mother, mother of mother father and mother of father of father; disregard mother of father of mother The two grandmothers (or the three great grandmothers) share equally what is assigned to the mother or one grandmother in cases 2p, 2q, and 2r; the rest as in 2p, 2q, and 2r respectively

2t. with son of son 1/2 to daughter, 1/2 to son of son. If more than one, 2/3 to daughters equally and 1/3 to son of son

2u. with more than one son of son(s) and any number of daughters of son(s) As in 2t, but the share of son of son is divided among son of son(s) and daughters of son(s) according to rules stated in 1a

2v. 2t or 2u with wife or husband 1/2 to daughter, 1/8 to wife, or 1/4 to husband, the rest to children of son(s) as in 2.t or 2u. If more than one daughter, 2/3 to daughters equally, 1/4 to husband or 1/8 to wife, the rest to children of son(s) as in 2t or 2u

2w. 2v with both parents 1/2 to daughter, 1/8 to wife, 1/6 to mother, and 1/24 to grandchildren as in 2t and 2u. 6/13 to daughter, 3/13, 2/13 to father, 2/13 to mother, nothing to grandchildren. If more than one daughter, 16/27 to daughters equally, 3/27 to wife, 4/27 to mother, 4/27 to mother, 4/27 to mother, nothing to grandchildren, 8/15 to daughters, 3/15 to husband and 2/15 to mother, 2/15 to father, nothing to grandchildren

2x. 2v with one parent 1/2 to daughter, 1/8 to wife, 1/6 to parent, and 5/24 to children of son(s) as in 2t and 2u; or, 1/2 to daughter, 1/4 to husband, 1/6 to parent, and 4/12 to children of son(s) as in 2tand 2u. If more than one daughter, 2/3 to daughters, 1/8 to wife, 1/6 to parent and 1/24 to children of son(s) as in 2t and 2u; or, 8/13 to daughters, 2/13 to parent and 3/13 to husband, nothing to grandchildren

2y. 2v with father of father, no father and no brothers, and mother; or with father of father, no father and no brother(s) and grandmother(s) on either side, and no mother As in (2.w), but replace father of father for father and grandmother(s) for mother. Share of grandmothers is divided equally between them

2z. with daughters of son(s) and no sons of sons 3/4 to the daughter and 1/4 to daughter(s) of son(s), equally between them. If more than one daughter; all to daughters, nothing to daughter(s) of son(s)

2aa. with sister(s) of same parents (no brothers), or with brother(s) of the same two parents (no sisters) 1/2 to the daughter, 1/2 to sister (or brother), or equally among all sisters (or brothers). If more than one daughter; 2/3 to daughters, 1/3 to sister (or brother) or equally among sisters (or brothers)

2bb. with sister(s) and brother(s) of the same two parents 1/2 to daughter, 1/2 to sister(s) and brother(s) on the basis of one share to female and two shares to male. If more than one daughter, 2/3 to daughters, 4/3 to sister(s) and brother(s) on same basis

2cc. 2aa or 2bb with wife or husband 1/2 to daughter, 1/8 to wife and 3/8 to sister(s) and/or brother(s) as in 2aa)and 2bb. 1/2 to daughter, 1/4 to husband1 1/4 to sister(s) and/or brother(s) as in (2.aa) or (2.bb) respectively. If more than one daughter, 2/3 to daughters, 1/4 to husband, or 1/8 to wife, the rest to sister(s) and/or brother(s) as in (2.aa) or (2.bb) respectively

2dd. with uncle(s) from same parents as father 1/2 to daughter and the rest to uncle, or uncles equally between them. If more than one daughter, 2/3 to daughters and the rest to uncle or uncles equally between them

2ee. with one grandmother, either side, or both grandmothers 5/6 to daughter and 1/6 to grandmother or grandmother51 equally between them. If more than one daughter, 5/6 to daughters and 1/6 to grandmothers.

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CHILDREN OF SON(S), NO SONS, NO DAUGHTERS

Apply Case No.1 and Case No. 2 after substituting daughter(s) of son(s) for daughter(s) and Son(s) of Son(s) for son(s).

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PARENT(S) AND NO OFFSPRING

Surviving Heirs Share of the Remainder

4a. father alone; or father and brother(s) and/or sister(s) all the remainder to father alone, nothing to brother(s) and sister(s)

4b. father and wife or husband 1/4 to wife, or 1/2 to husband, and the rest to father

4c. father and mother, no brothers, no sisters 1/3 mother, the rest father

4d. 4c with husband or wife 1/2 to husband, 1/6 to mother, the rest to father

4e. both parents, with brother(s) and/or sister(s) and with wife or husband 1/6 to mother, nothing to brother(s)and sister(s), the rest to father. 1/6 to mother, nothing to brother(s) and sister(s), 1/4 to wife, or 1/2 to husband; the rest to father

4f. mother only she takes all the remainder

4g. mother and husband or wife 1/4 to wife, or 1/2 to husband, and the rest to mother

4h. mother with one brother or one sister of the same two parents or on father's side 1/3 to mother, rest to brother. 2/5 to mother, the rest to sister

4i. 4h with husband or wife 1/3 to mother, 1/2 to husband or 1/4 to wife, the rest to brother. 4/13 to mother.
3/13 to wife, and 6/13 to sister. 2/8 to mother, 3/8 to husband, and 3/8 to sister

4j. mother with at least two brothers, brother(s) and sister(s) all of same two parents or on father's side 1/6 to mother, the rest to brothers or brother(s) and sister(s) according to rules in 1a

4k. 4j with husband or wife 1/6 to mother, 1/4 to wife, or 1/2 to husband, the rest to brothers or brother(s) and sister(s) as in rules 1a

4l. mother with two sisters or more, of the same two parents or on father's side 1/5 to mother, 4/5 to sisters equally between them

4m. 4l with husband or wife 3/13 to wife, 2/13 to mother, 8/13 to sisters equally between them. 3/7 to husband, 1/7 to mother, 3/7 to sisters equally between them

4n. mother with one brother on mother's side or one sister on mother's side 2/3 to mother, 1/3 to brother or sister

4o. 4n with husband or wife 1/4 to wife, 1/2 to mother, 1/4 to brother or sister 1/2 to husband, 1/3 to mother, 1/6 to brother or sister

4p. mother with more than one brother and/or sister on mother's side 1/3 to mother, 2/3 to brother(s) and sister(s), equally between them all

4q. 4p with husband or wife 1/4 to wife, 1/4to mother, 1/2 to brother(s) and sister(s) equally between them all

4r. mother with father of father, no brother(s), no sister(s) 1/2 to husband, 1/6 to mother, 1/3 to brother(s) and sister(s) equally between them all

4s. 4r. with husband or wife 4/3 to mother, the rest to father of father

4t. mother with son of brother, (the brother is of the same parents) 1/3 to mother, 1/4 to wife orl/2 to husband, the rest to grandfather

4u. mother with children of brother(s), (the brother is of the same parents) 1/3 to mother, the rest to son of brother

4v. 4t or 4u with wife or husband 1/3 to mother, 1/4 to wife, or 1/2 to husband and the rest to son or children of brother(s) as in 4t or 4u

4w. mother with brother of father I /3 to mother, the rest to brother of father the same two parents

4x mother with brother(s) of father and any number of sisters of father, all of the same two parents 1/3 to mother, the rest to children of brother(s) according to rules in 1a

4y. 4w and 4x with wife or husband 1/3 to mother, 1/4 to wife, or 1/2 to husband, the rest to brother of father or brother(s) and sister(s) of fathers as in 4x

4z father with mother of mother and of father 1/6 to mother of mother, the rest to father no mother

4aa. mother with brother(s) and father of father 1/6 to mother, the rest among brother(s) and father of father equally, unless grandfather's share goes below 1/3 (if it does, he gets 1/3 and the rest to brothers equally)

4bb. mother with father of father and brother(s) and any number of sister(s), all of the same two parents or on father's side as in (4.aa) and apply rules of (1.a) for brother(s) and sister(s)

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HUSBAND OR WIFE, NO OFFSPRING, NO PARENTS,AND NO FATHER OF FATHER

Surviving Heirs Share of the Remainder

5a. wife only 1/4 to wife.

5b. husband only 1/2 to husband, the rest as in 5a

5c. husband and wife, with one brother or more and any number of sisters 1/2 to husband, or 1/4 to wife, the rest to brother(s) and sister(s) according to rules in 1a

5.d. husband or wife, with sister(s), no brothers 1/2 to husband or 1/4 to wife, the rest to the sister or equally between sisters

5e. husband or wife, with son or sons of brother(s), or son(s) and any number of daughters of brother(s) As in 5c but niece(s) and nephew(s) replace sister(s) and brother(s)

5f. husband or wife! with brother(s) of father 1/2 to husband or 1/4 to wife and the rest to uncle or uncles equally between them

5g. husband, or wife, with one brother of father or more, and any number of sisters of father 1/2 to husband or 1/4 to wife, rest to uncle(s) and aunt(s) according to the rules in 4a

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ALL OTHER CASES
Relatives not mentioned in cases (1) to (5) must be disregarded. However, all cases not specifically mentioned in this schedule should be referred to the Muslim Authority (Mufti/Jamiatul Ulama) for distribution of estate, and that the advice of the Muslim Authority must be followed to the latter.

Further, for any interpretation of any of the above cases or articles and provisions of the will, the executor should refer to the Muslim Authority and must follow the advice given by them.

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