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Fourthly, where there were more than one male agnates of equal degree, all of them inherited
the property and shared it equally, taking per capita. For example, if a person died leaving
behind three brothers, all of them succeeded and each took one-third of the estate.
Islamic Principles of succession
The Prophet interposed the following few principles on the aforesaid principles of customary
law of succession.
First, the husband and. the wife, being equal, is entitled to inherit to each other.
Secondly, some near females and cognates are also recognized and enumerated as heirs.
Thirdly, the parents and certain other ascendants are made heirs even when there are
descendants.
Fourthly; the newly created heirs (those who were not entitled to inherit under customary law)
are given specified shares.
Fifthly, the newly created heirs inherit the specified shares' along with customary heirs, and not
to their exclusion. After allotting the specified share to the newly created heirs, who are called
sharers, whatever is left (residue)-and the scheme is so laid down that something is usually leftgoes to the customary heirs who are called residuaries.
Definitions:
Agnates- An agnate is a. relation who is related to the deceased whole through males. Thus,
the following are the examples of agnates, son, son's son,son's son's son, son's daughter, son's
son's daughter, father's father, father's,mother, father's father's .father; father's father's,mother..
Cognates- A cognate is a relation who is related to the deceased through one, or more females.
For example, the following are cognates: daughter's son, daughter's daughter, mother's father,
father's mother's father.
Collaterals- Collaterals are descendants in the parallel lines from the common
ancestor or ancestress. Collaterals may be agnates or cognates. Thus, consanguine brothers and
sisters, paternal aunts and uncles are agnate collaterals. Maternal uncles , aunts, uterine
brothers and sisters are Cognate, collaterals.
Heir- A person who is entitled to inherit the estate of another after his deaths known as an
heir.
True grandfather- A male ancestor between whom and the deceased no female intervenes is
known as the true grandfather. For instance, the father's father, father's father's father and his
father how high so ever are all the true grandfathers.
False grandfather- A Male ancestor between whom and the deceased, a female intervenes is
known as the false grandfather. For instance, mother's father, mother's father, fathers mother's
father are false grandfathers.
True grandmother - A female Ancestor, between whom and the deceased no false
grandfather intervenes are known as the true grand mother. Thus, fathers mother, mother's
mother, father's mother's mother, father's father's mother, Mothers mother's mother are all true
grandmothers.
False grandmother- A female ancestor between whom and the deceased a false grandfather
intervenes. Thus, mother's father's mother is a false grandmother.
Son's son how low so-ever- Lineal male descendants are known as son's son how low so
ever. For instance, son's son, son's son's son and so on, are all son's son how low soever.
Son's daughter how low so-ever- The female children of lineal male descendants are known
as son's daughter how low so-ever. Thus, son's daughter, son's son's daughter, and so on, "are
also son's daughter how low so-ever.
Heirs- Islamic law superimposed on the customary structure certain blood relations who are
either equally near, or more near, to the deceased than the customary heirs. Among these new
heirs are certain females, and some ascendants and collaterals. The spouse of the deceased is
allowed to take a share in the inheritance, as a. relation by affinity.
The sharers are allotted their specified shares. Then whatever is left after allotting share 'to the
sharers the rest-residuary is divided among the customary heirs. These heirs are commonly
called "residuary". This term came into vogue on the assumption that after giving specified
shares to the sharers, whatever is left is given to them.