Al-'Awl (Share Aggravation Part 3): Practical Examples

Bismillāhi Raḥmāni Raḥīm 
Date:   18th Shawwal, 1441 A H / 10th June, 2020
Subject:   Al-Farā’id (The Islamic Law of Inheritance) 
Lesson:   66
Topic: Al-‘Awl (Share Aggravation): Part 3
Sub-Topic: Practical Examples of Al-‘Awl
In our last two classes, we discussed the definitions and benefits of Al-‘Awl in inheritance distribution under Islamic law of inheritance. Today, for more clarification, we are discussing practical examples of  Al-‘Awl doctrine:
1.  A man died and left behind his wife, both parents and two daughters: All of these are legal heirs who derived their legitimacy from the Holy Qur’an. The wife is entitled to one-eight (1/8), the parents are entitled to one-sixth (1/6) each while the two daughters are also entitled to two-third (2/3) of the deceased’s estate. In sharing this, the common denominator would be 24 but this would ultimately create problems because 1/8 = 3/24 (Wife), 1/6 = 4/24 (Father), 1/6 = 4/24  (Mother) and 2/3 = 16/24 (Two daughters) would result into 27/24  which is improper in fraction. To accommodate all, the denominator would be aggravated (Ta‘ūl) to 27 from 24 which means the shares would become  3/24  to   3/27 (Wife), 4/24   to  4/27 (Father), 4/24   to  4/27 (Mother) and 16/24   to 16/27 (Two daughters). The fractions would then move from 27/24   to  27/27   to exhaust all the estate for these legal heirs.
2.  A woman died and left behind her husband and two full sisters (al-Ukhtān al-Shaqīqatāni) with no other descendants:  In this case, the husband is entitled to half (1/2) and the two uterine sisters are entitled to two-third (2/3). Thus the fractional shares go thus: Husband:    ½ = 3/6, Two Uterine Sisters:  2/3 = 4/6, Total = 7/6 which is improper. The shares have exceeded the whole estate fractional base which is six (6) and aggravated to seven. Invariably, this calls for the employment of al-’Awl doctrine in which the fractional base will be changed to seven (7) instead of previous six (6). The shares would now go thus:  Husband:  ½ = 3/7, Two Uterine Sisters:  2/3 = 4/7  and Total = 7/7  to exhaust the estate. 
Jazākumullāhu Khayran for reading today’s lesson.  
Yours in Islām  
©Busari Muhammad Jamiu (Abū  ‘Ᾱisha)
The Instructor (+2348023670884)
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