The Shares of Father and Mother in Islamic Inheritance and the Gharrawain Case

Why the shares of father and mother are often asked about

In many families, inheritance distribution is imagined to be simple: the estate is divided among the children, while the parents are no longer counted. In reality, in Islamic inheritance law the father and mother are actually among the heirs who almost always receive a share, whether or not the deceased has children. Therefore questions such as does the father still receive inheritance if he is alive? or why can the mother's share differ? very naturally arise.

This article discusses the position of the father and mother as heirs, the differences in their shares under various circumstances, and the special case known as gharrawain. It is general information in nature, not a fatwa or legal advice.

The legal basis: An-Nisa 4:11 and KHI

Islamic inheritance law is sourced from the Qur'an, particularly surah An-Nisa verses 11, 12, and 176, and is then regulated more technically in Book II of the Compilation of Islamic Law (KHI), Articles 171 to 214.

An-Nisa 4:11 broadly states that the father and mother each receive one-sixth (1/6) if the deceased has children. The verse also mentions other circumstances: if the deceased has no children and is inherited by the mother and father, then the mother receives one-third (1/3). However, if the deceased has several siblings, the mother receives one-sixth (1/6). This verse is the basis for the following discussion.

The father's share: 1/6 or the residue of the estate

The father's share changes depending on the circumstances of the other heirs:

There are children (or grandchildren as substitute heirs): the father receives 1/6 as a fixed share.
There are no children: the father is no longer limited to 1/6. He receives the residue of the estate after the shares of the other heirs are fulfilled.

It should be noted that the existence of the father excludes the rights of the deceased's siblings. As long as the father is alive, full siblings and paternal half-siblings do not receive a share. This practice is in line with Supreme Court rulings that serve as a reference for many Religious Courts.

In some compositions of heirs, for example if those present are only the husband or wife, mother, father, and one daughter, the father receives 1/6 plus the residue of the estate. Because opinions can differ in this area, it is best to consult the Religious Court or an ustadz well-versed in faraid.

The mother's share: 1/6, 1/3, and the gharrawain case

The mother's share is more varied because it is affected by the existence of children and the number of the deceased's siblings:

There are children: the mother receives 1/6.
No children, but there are two or more siblings: the mother receives 1/6.
No children and no siblings: the mother receives 1/3 of the entire estate.

The gharrawain case

There is one special circumstance that should be known. If the heirs consist only of a husband or wife, father, and mother — with no children, no grandchildren, and no siblings — then the mother does not take 1/3 of the entire estate, but rather 1/3 of the residue after the husband's or wife's share is deducted. The remainder becomes the father's share. This case is known as gharrawain or umariyyatain, and is a distribution agreed upon by many faraid scholars.

The consequence is clear: the mother receives less, and the father receives more, compared to if the mother received 1/3 of the estate directly.

Circumstance	Father's share	Mother's share
There are children	1/6	1/6
No children, there are 2 or more siblings	Residue of the estate	1/6
No children, no siblings	Residue of the estate	1/3
Gharrawain (only husband/wife, father, mother)	Residue after 1/3 of the residue	1/3 of the residue

Calculation examples

Example 1 — there are children. Mr. Hasan passed away and left a wife, father, mother, one son, and one daughter.

Wife: 1/8 = 9/72
Father: 1/6 = 12/72
Mother: 1/6 = 12/72
Residue of the estate: 72/72 − 33/72 = 39/72, divided 2:1
Son: 26/72
Daughter: 13/72

The total is 9 + 12 + 12 + 26 + 13 = 72/72. This calculation is exact.

Example 2 — the gharrawain case. Mrs. Salma passed away and left a husband, father, and mother; there are no children and no siblings.

Husband: 1/4 = 3/12
Residue of the estate: 12/12 − 3/12 = 9/12
Mother: 1/3 × 9/12 = 3/12
Father: 9/12 − 3/12 = 6/12

The total is 3 + 3 + 6 = 12/12. Compare this to if the mother received 1/3 directly: the mother would receive 4/12 and the father 5/12. This is the difference that arises in the gharrawain case.

Practical steps for families

Gather data on the heirs still alive at the time the deceased passed away: husband or wife, children, father, mother, and so on.
Note the existence of the deceased's children and siblings, because both greatly affect the shares of the father and mother.
Fulfill first the deceased's debts, funeral expenses, and any will not exceeding one-third.
Calculate the shares of the father and mother before calculating the residue for the children.
Deliberate together with the family. A peaceful agreement to transfer shares voluntarily (takharuj) is possible if all heirs agree and no one is harmed.
For transferring the title of certificates or other assets, consult a notary/PPAT and the local Religious Court.

IndoWaris can help map the family tree and calculate each heir's share, so that the figures brought to the family deliberation table are clearer and easier to check together.

Every family has a different composition of heirs. If there are adopted children, grandchildren whose parents passed away earlier, or heirs who died after the deceased, the calculation becomes more layered. Therefore, this article should be used as a starting point, not a final determinant. Consult your concrete case with the Religious Court, a notary/PPAT, or an ustadz well-versed in faraid before making a decision.