This calculator’s majority view
The “majority view” mode follows the opinion of three schools out of four when there is one. For the Mushtaraka and radd, where they split two against two, it follows sharing and radd, like the main Arabic calculators. The result always shows the comparison of the four schools.
Why these differences?
The texts do not say everything: the grandfather with brothers, the Mushtaraka or radd were settled by the Companions, who did not all rule the same way. The schools followed one view or another; none of them invents a share.
National laws
Several countries have codified inheritance on the basis of the schools, with their own choices. Their main differences are detailed on the page dedicated to national laws.
- Morocco
- Family Code (Moudawana, 2004), of Maliki inspiration: the remainder is returned to the fixed-share heirs including the spouse; grandchildren whose parent died before the deceased receive an obligatory bequest.
- Algeria
- Family Code (1984, amended in 2005), close to the Maliki school, with radd to the fixed-share heirs and an obligatory bequest (tanzîl) for grandchildren whose parent died first.
- Tunisia
- Code of Personal Status (1956). Since 1959, a daughter or a son’s daughters take the remainder even when the deceased has brothers or uncles, and the remainder also returns to the spouse; obligatory bequest for grandchildren.
- Egypt
- Laws of 1943 (inheritance) and 1946 (wills). The grandfather shares with the brothers like a brother; the remainder may go to the spouse when there is no heir to the remainder and no relative through women; obligatory bequest since 1946.
- Saudi Arabia
- Personal Status Law (2022), the first Saudi family code, which refers to no particular school: the grandfather excludes the brothers, the Mushtaraka is not shared and there is no obligatory bequest.
- Turkey
- Civil Code (2002), of Swiss inspiration: inheritance there does not follow the Quranic shares. A division according to the fara’id requires the heirs’ agreement.
- France, Belgium, Spain
- Civil law applies (in Europe, that of the last habitual residence, unless the national law is chosen by will). The reserved portion protects children: only the disposable portion can be bequeathed freely. Adult heirs can always agree on a division that follows the fara’id. Consult a notary.
The details, country by country →
