class, and he excludes some sharers. The daughters of a son how low and
soever get a share of two-thirds between them if there are several; if
there is only one she gets one-half. But the daughters of a son are
excluded by any direct male descendant who is nearer to the deceased
than themselves, or at the same distance from him. If, however, they are
excluded by a person who is at the same distance from the deceased as
themselves, Mahommedan lawyers again say that they come in as
residuaries in right of that person, each female as usual taking half as
much as each male. Of course the daughters of a son may also be excluded
by the daughters having exhausted the two-thirds allotted to females. A
single sister takes a share of one-half; several sisters take two-thirds
between them. Sisters are excluded from a share by any residuary of the
first class, and their own brothers also exclude them, but in the latter
case they take as residuaries in right of their brothers, each sister
taking half what a brother takes. So, again, the sisters may be excluded
from a share by the daughters or daughters of sons having exhausted the
two-thirds allotted to females, and the residue would go to the nearest
male agnate--that is, the uncle or the nephew of the deceased, or some
more distant relative. To prevent this Mahommedan lawyers say that in
this case the sisters are residuaries, basing their assertion upon a
somewhat vague tradition. The share of the husband in the property of
the wife is one-fourth if there are surviving children, one-half if
there are none. The share of the widow in the property of her deceased
husband is one-eighth if there are surviving children, one-fourth if
there are not. The nearest true grandmother takes a share of one-sixth.
If there are several equidistant, they take one-sixth between them. The
uterine half-brothers take a share of one-third when there is only one,
but they are excluded by any direct descendant and by any direct male
ascendant. Uterine half-sisters are in the same position as uterine
half-brothers. Consanguine half-brothers are residuaries of the same
class as brothers, but only take in default of full brothers.
Consanguine half-sisters take a share of two-thirds, or if there is only
one she takes a share of one-half. But if there is a full sister also,
the full sister takes one-half, and the consanguine sisters one-sixth
between them. The consanguine half-sisters, like the full sisters, are
excluded from a share by the children and the father of the deceased,
and also by full brothers and consanguine brothers; but in the last case
they come in again as residuaries, taking half what a brother takes.
Public-domain text, read in full here on John Shaqi.
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