daughter and the remaining half will revert to the father who is the nearest male relative. The selection of the nearest male relative is based on a principle of equity, because it is he who is required to maintain the family.

The case of parents is taken after that of children, each of the parents taking a sixth, if the deceased has children. It is clear from this statement that after the parents have taken one-sixth each, the residue will go to the children and this residue will be divided among them, as laid down above, equally, the son taking double the share of the daughter. If however the deceased leaves only daughters, one-half of the residue shall go to a single daughter, and two-thirds to two or more than two daughters, and what remains shall go to the nearest male relative, according to the ḥadīth quoted above. If the father or the mother is not alive, the grandfather or grandmother shall take his or her place.

The second case in which parents inherit from a deceased person is that in which the deceased leaves no issue. In this case it is said that if the parents are the only heirs, that is, there is neither a husband or wife, nor brothers and sisters, the mother takes one-third, the remaining two-thirds evidently going to the father. But if the deceased has no issue but has brothers (or sisters), the mother shall receive only one-sixth. It is not stated here what the father shall get or what the brothers’ and sisters’ share shall be. The prevalent view is that the presence of the brothers reduces only the mother’s share; the remaining five-sixths going to the father. Though, even in this case, the brothers and sisters, if dependent on the father, will benefit by the father’s increased share, yet it seems more reasonable that when the share of the mother is decreased on account of the presence of brothers and sisters, the latter should be entitled to a share in the property in their individual capacity.

The latter part of 4:12 lends support to this view, where, after specifying portions of the husband and the wife, it is added: “And if a man or a woman having no children (kalālah) leaves property to be inherited, and he (or she) has a brother or a sister, then for each of them is the sixth, but if they are more than that, they shall be sharers in the third.” The kalālah is spoken of here as well as in 4:176, where