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Share (nasib) in the rules of property and inheritance

النَّصِيب

Nasib, in the lexicon, is a share or portion of anything; a share is also the part of something divided. In inheritance every nasib is a fixed share but not every fixed share is a nasib. 1 The law fixes the shares of heirs: a half, a quarter, an eighth, two-thirds, a third and a sixth, detailed under inheritance. 1 2 In partnership a partner may dispose of his share by sale, hire or lending, on differing views. A partner's hand is a trust, so he is liable only for transgression or negligence, a view held by the majority of jurists. 2 The fee for division is distributed by shares in the majority view. 2 In dividing real property, the share follows the layout of the property. 3 When the divider assigns each partner his share the division is complete, and each one owns and may dispose of his share. 3 In pre-emption the pre-emptor acquires the share in ways the jurists dispute, and they dispute the treatment of buildings or plantings made by the buyer. 3 4 When one of two co-owners frees his share of a joint slave, a wealthy owner frees the whole and owes the other partner the value of the other share, according to the Malikis, Shafi'is and the usual Hanbali view; a poor owner frees only his share, and Abu Hanifa differs. 4

Depth

At a glance

Era
The Prophetic Era
Region
Global / Diaspora
Review
Draft Completeness 1/5 · Help complete it

Family, marriage and kinshipDevelopment of law, theology and institutions

Summary

Nasib, in the lexicon, is a share or portion of anything, and the part that is divided. 1 Every nasib is a fixed share, but not every fixed share is a nasib. 1

Rulings on the share

In inheritance the law fixes the shares of heirs: a half, a quarter, an eighth, two-thirds, a third and a sixth. 1 2 In partnership a partner may dispose of his share on differing views; his hand is a trust, so he is liable only for transgression or negligence. 2 In division the fee is distributed by shares in the majority view, and in dividing property the share follows the property's layout. 2 3 In pre-emption the pre-emptor acquires the share in ways the jurists dispute, including the treatment of buildings made by the buyer. 3 4 When one of two co-owners frees his share of a joint slave, a wealthy owner frees the whole slave and owes the other partner the value of that partner's share, according to the Malikis, Shafi'is and the usual Hanbali view; a poor owner frees only his share. Abu Hanifa differs. 4

Where it is discussed

Inheritance, partnership, division, pre-emption and manumission are treated under their own entries. 2 4

People and things also explored

Agnatic kin (asaba) in inheritance, guardianship and custody· Dismissal from office and withdrawal (azl)· Taj Mahal· Abawan (the two parents)· Biting and the liability for injury it causes (add)· Justice and uprightness (adl)· Justice among co-wives· Obstructing a marriage (adl): the guardian and the husband

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15742
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15743
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15744
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15745
Cite this page

islam.museum contributors. “Share (nasib) in the rules of property and inheritance”. islam.museum, https://islam.museum/en/concept/nasib/. CC BY-SA 4.0. Last updated 2026-10-23.

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Agnatic kin (asaba) in inheritance, guardianship and custody

In the lexicon, asaba are a man's sons and his paternal relatives, who inherit from him. As a term they are the heirs who have no fixed share in the inheritance agreed upon, and who take what remains after the sharers take theirs, or the whole estate if there are no sharers. They are set against the sharers (ashab al-furud), who have a fixed share in the Book of God, and against the distant kin (dhawu al-arham), who are relatives with neither a fixed share nor agnatic standing. Agnates in inheritance are of three kinds: the agnate in his own right, such as a son; the agnate through another, such as daughters with their brothers; and the agnate with another, such as sisters with daughters. They take what the fixed shares leave, and the whole estate if alone. Agnates also have priority in the washing and funeral prayer of the dead, the right to contract a marriage on behalf of a woman, custody of a child when no woman entitled to it is available, and the bearing of blood money for manslaughter, with the Shafi'is excluding the ascendant and descendant from that burden.