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Understanding Asabah in Islamic Inheritance Law

Published August 4, 2023

In Islamic inheritance law, the term Asabah refers to relatives who inherit the remaining property after the Quota Heirs (Sahibul Fardh) have received their fixed shares. Asabah can be classified into two major categories.

Asabah-e-Nasabiyyah (Blood Relatives)

This category covers blood relatives who inherit as residuaries. It consists of three sub-categories:

1. Binafsihi — By Himself

Every male directly related to the deceased without any female intermediaries. Divided into four classes (in order of priority):

  1. Sons and son's sons (regardless of position in descent)
  2. Father, paternal grandfather, or great-grandfather
  3. Brothers or brothers' sons (no matter how far down)
  4. Father's brothers (paternal uncles) or their sons

The Asabah closer in relationship always displaces those further away. For example: if the deceased has sons, all other Asabah classes are excluded.

2. Bighayrihi — Through Another

Four female relatives who become Asabah alongside their brothers. Although they are normally Quota heirs, in the presence of their brothers they inherit as residuaries instead, with each female receiving half the share of a male.

  • Daughter (with son)
  • Son's daughter (with son's son)
  • Full sister (with full brother)
  • Paternal sister (with paternal brother)

3. Ma'a Ghayrihi — With Another

Females who become Asabah in the presence of other females. Full sisters and paternal sisters fall into this category when the deceased has daughters or granddaughters but no male Asabah. In this case the sisters become Asabah while the daughters remain Quota heirs.

Asabah-e-Sababiyyah (By Reason)

This category refers to Maula Itaqah — the master who emancipated a slave. If the emancipated slave has no heirs among the Quota heirs or Asabah Nasabiyyah, the Maula Itaqah inherits the remainder. If Quota heirs exist but no Asabah Nasabiyyah, the Maula Itaqah takes the residue after the Quota heirs.

Conclusion

Understanding Asabah is essential for a fair distribution of the estate. The Faraid Calculator app handles all Asabah categories automatically, showing you the correct shares and the evidence behind each ruling.

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