The sharers are, of course, those to whom a share is assigned by the
Koran. They are (1) the father, (2) lineal male ancestors, whom
Mahommedans call the "true grandfathers," (3) uterine half-brothers,
i.e. the half-brothers by the mother, (4) daughters, (5) daughters of a
son, or other direct male descendant, whom we call daughters of a son
how low and soever, (6) the mother, (7) true grandmothers, i.e. female
ancestors into whose line no male except a lineal male ancestor enters,
(8) full sisters, (9) consanguine half-sisters, i.e. half-sisters by the
father, (10) uterine half-sisters, (11) the husband, (12) the wives. The
right to a share and the amount of it depends upon the state of the
family. Under Mahommedan law not only, as elsewhere, the nearer relative
excludes the more remote, but there are special rules of total or
partial exclusion arising out of the equitable considerations upon which
all rules of distribution are based.
These rules are best shown by taking the case of each member of the
family in turn, and at the same time it will be useful to explain the
general position of each member. First, the sons. They take no share,
but they are first in the first class of residuaries, and their position
is a very strong one; they exclude entirely sisters and daughters from a
share, and they reduce considerably the shares of the husband, the
widows, and the mother. The position of the other male descendants is
very similar to that of the sons. They are not sharers; they are
residuaries of the first class, and will take as such if the
intermediate persons are dead. They reduce the shares of some of the
sharers, but not to the same extent as the sons. The father is a
residuary of the second class, and the first in that class. But he is
also a sharer, and as such is entitled to a share of one-sixth. He can
take in both capacities. The father's father is also a residuary of the
second class, and he is a sharer, entitled to a share of one-sixth, but
of course he cannot take either as sharer or residuary if the father is
alive. The position of any true grandfather is analogous. An only
daughter takes as sharer one-half of the property, two or more daughters
take one-third between them. But sons exclude daughters from a share,
and they would get nothing. Naturally this was considered unjust, and a
remedy has been found by making the daughters what are called
"residuaries in right of their brothers," each daughter taking half of
what a son takes. The mother gets a share of one-sixth when there is a
child of the deceased, or a child of any son how low and soever; also
when there are two or more brothers or sisters. In any other case her
share is one-third. If, however, the wife, or the husband (as the case
may be), and the father are alive, the share of the mother is only
one-third of what remains after deducting the share of the husband or
the wife. The brother is never a sharer. He is a residuary of the third
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