Cite This Article: Bawa Dan Muhammad Anka & Abdullahi Haruna (2025). Exclusion (al-Hajab): Its Application and Wisdom in the Islamic Law of Inheritance. East African Scholars J Edu Humanit Lit, 8(12), 639-644. https://doi.org/10.36349/easjehl.2025.v08i12.002
EXCLUSION (AL-HAJAB): ITS APPLICATION AND WISDOM IN
THE ISLAMIC LAW OF INHERITANCE
By
Dr. Bawa Dan Muhammad Anka
Department of Islamic Studies
Federal University Gusau
&
Dr. Abdullahi Haruna
Department of Islamic Studies
Zamfara State College of Education, Maru
Abstract
Islam as a comprehensive way of life touches every aspect of human
endeavours. This is with a view to providing him the guidance that will make
him enjoy his worldly sojourn happily and in tranquillity, and also emerge
successful in his eternal abode in the life Hereafter. Indeed, one of the
unique features of Islam in its divine laws is the principle of inheritance. No
other religion in the world other than Islam provides a comprehensive
explanation of who is to inherit who and who is not, and what portions are to
be inherited, and who can prevent who from inheriting the deceased’s property.
It is against this background that this paper provides a clear exposition on
the doctrine of exclusion in the Islamic law of inheritance, under which a
clear determination has been provided on who is to exclude who among heirs from
inheriting the estate of the dead person. The paper also extols the beauty of
such blockage in the principles of Islamic law of inheritance. One of the
findings of the paper is that the doctrine of exclusion is based on the blood
relationship ties between the dead and the surviving relations.
Keywords: doctrine,
exclusion, wisdom, inheritance, exposition
Introduction
The Arabic term Hajab is derived from the root hajaba, meaning
veiled or screened. Al-Hajab, which implies blockage, is a process whereby a
person is blocked either totally or partially. A person blocking or preventing
another from taking a share is called a Hajib (i.e., blocker, excluder, or
preventer).[1]
In the language of the jurists, the term means preventing a rightful heir from
having any share of the deceased’s estate due to the presence of another heir,
or being shifted from one portion to another decreased share (Badawi, 2000, p.
239). The principle behind who excludes who is the degree of closeness to the
deceased. The closest relatives will exclude those who are not so close. Those
who do not receive a share in the presence of other heirs are called Mahjub
(i.e., the veiled or deprived), and the one because of whom they are denied a
share is called a Hajib. In Islam, the principle of inheritance receives
equitable treatment and adequate consideration due to the fact that it directly
touches the socio-economic rights and well-being of Muslim believers regarding
the affluence their closest relations might have possessed at the instance of
their demise. Thus, it is Allah (S.W.T.), in His own Divine Wisdom, who decided
on the rulings about inheritance in the Glorious Qur’an (Qur’an 4:11–12, Qur’an
4:176). The reference verses are explicitly clear, without any ambiguity, about
the shares allotted to each rightful heir from the deceased’s property.
Therefore, this paper explains the circumstances that can lead an heir to have
his portion reduced as originally indicated in the Glorious Qur’an and further
expatiated by the Muslim jurists.
Basis of exclusion in Shari‘ah
For every judgement (hukm) in Shari’ah, the jurists (Fuquha’) and scholars of the principle
of jurisprudence (Usuliyun) justified
their position based on the evidence from the primary sources of Islamic law,
viz, the Glorious Qur’an and Traditions (Ahadith)
of the Prophet (S.A.W). Equally, the
doctrine of exclusion in Muslim inheritance is not just a mere opinion of the
jurists, but rather it has a strong backing from the Qur’an and Hadith. The clear text about exclusion,
which could affect the right heirs of the deceased person, could be seen in the
following verse of the Glorious Qur’an:
… And blood-relations among each other
have closer personal ties, in the Decree of Allah (regarding inheritance) than
the brotherhood of) the believers and Muhajirun:
except that you do kindness to those brothers. This has been written in the
(Allah’s Book of Divine) Decrees – (Al-Lawh
Al-Mahfuz) (Qur’an, 33:6).
The quoted verse above is an abrogation of a ruling in which, due to the
brotherhood fraternity between Ansar
and Muhajirun, one can inherit the
other. This was the case even in the absence of any blood relationship between
them and in the presence of the blood related to the deceased. This was
narrated by Ibn Abbas, Sa’id bn Jubair, and Zubair bn Awwam. However, with the verses of
inheritance, the members of the family that are called “the right heirs” were
identified in the Glorious Qur’an and Ahadith.
For this reason, inheritance based on brotherhood and friendship was outrightly
abrogated (Ibn Kathir, 2009, pp. 191-
192).
Meanwhile, the verse under review is still teaching us that even among
blood relations, some are stronger than others. And as such, those whose ties
are more intimate eliminate those who are distantly related. Alas! The
justification for the doctrine of Hajab
in Islamic inheritance.
Types of exclusion
There are two types of exclusion: total exclusion and partial exclusion
(Sabiq, nd, p. 320)
Total Exclusion
This refers to the complete denial of any share of inheritance to a
person because of the presence of another heir who is more closely related to
the deceased. An example here is the total prevention of a brother from
inheriting his dead brother by the son of the latter. This is known as ‘hajab al-hirman’ (exclusion from the
actual inheritance). The total exclusion cannot affect the following six (6)
heirs: mother, father, daughter, son, husband, and wife.[2] These
are the six basic heirs that will always inherit something as long as they are
alive. However, it is possible some of them to be partially excluded for one
reason or the other. For example, the presence of a son reduces the share of the
husband from one-half (½) to one-fourth (1/4) at the death of the husband’s
wife. Likewise, the wife is reduced from one-fourth to one-eighth (1/8) at the
death of her husband by his child with her or with another woman (Ahmad, 2010,
pp. 426-427).
The four schools of jurisprudence concur that parents, children and
spouse are not excluded totally from inheritance and whenever they are present they
will take their share from the inheritance without any obstruction, because
they are the nearest to the decedent, being related to him without any
intermediary, while all others are related through an intermediary (Khan, 2018,
p.169) This is to say that the former are directly related to the decease while
the latter are indirectly to him.
Partial Exclusion
Prevention from a part of the inheritance, such as
the reduction of the mother’s share by a brother from one-third to one-sixth,
which is called “hajab al-Nuqsan” or
“hajab al-Intiqal”. Therefore, a partial exclusion means reducing the share
of the estate an heir should have gotten due to the existence of another heir.
For instance, a husband inherits half (½) of his wife’s estate if she has no
child, but supposing she has a child, even if from a previous husband, he gets
one-quarter (¼) of her estate. This reduction from ½ to ¼ is called partial
exclusion (Sabiq, nd, p. 32)
Differences between
exclusion and impediment in the law of inheritance
It should be understood that there is a difference between exclusion and
impediment. In exclusion, as mentioned earlier, a more closely related person to
the dead person eliminates a distant one totally or partially.
As for impediment, it refers to preventing a heir from inheriting
anything left by the deceased for one of the reasons outlined by Shari ah viz:
1. Slavery. When one is in bondage, he or she cannot inherit, nor can his relative
inherit him. This is because whosoever is in slavery is considered to be the
property of his master. This is irrespective of the status[3] of
his slavery (As-Sabuni, 2002, p. 33)
2. Homicide. This refers to intentional killing as judged in the Maliki school of
law. Whoever kills his relative whom he is entitled to inherit, the Shari’ah ruling is that the killer is
denied the right to inheritance of the person he murdered (Ali Lakhy, 2011,
p.26).
3. Difference in religion. If the heir and the one to be inherited profess two
different religions (i.e., Muslim and Christian). None of them could inherit
the other. Prophet (S.A.W) was
reported to have said:
A Muslim cannot be the heir of a disbeliever nor
can a disbeliever be the heir of a Muslim (Bukhari, vol. viii, p.498)
4. Simultaneous death. If two or more persons died at the same time under certain
circumstances, like drowning or an accident, and are rightful heirs of one
another, they could not inherit from each other. A good example here is a
father and son or a husband and wife. This ruling applies only if it becomes
uncertain who died first. However, if it is certain that the one who died
later, then he will inherit the one who died first, and the inheritance of the
second person will be shared among his heirs (Muhammad, 2020, p.7).
5. 5. False swearing (Li‘an).
This occurs when a man denies the paternity of his wife’s pregnancy, and they
ended up swearing and cursing themselves as prescribed by Allah (S.W.T) (Qur’an, 24:6-9). In such a case,
the child will not inherit from his paternal side.
Instances of Total Exclusion
Besides the six listed heirs who can never fall within the circle of total
exclusion, all other remaining male and female relatives can be eliminated as a
result of the presence of some relatives who are stronger in relation to the deceased.
Male Relatives that Can be Eliminated
The male relatives that can be eliminated by other male relatives
are basically twelve (12) in number, according to some Muslim jurists, as
enumerated below:
i. Grandfather: He is eliminated by
the father. Similarly, a more closely related grandparent excludes the remote
one.
ii. Full brother: He is counted out
by the presence of the father, son, and son’s son.
iii. Paternal brother
(half-brother): He is eliminated by the father, son, and son’s son. He is
equally disqualified as a full brother. A full sister, who happens to be an
agnate by her own right, takes his position in the absence of a full brother
(As-Sabuni, op.cit, p.62–63).
iv. Maternal brother: He is excluded
by the father and the grandfather, no matter how high, and also by the son and
the son’s son, no matter how low.
v. Son’s son: He is eliminated by
the son. Equally, the closest son’s son eliminates the more distant one, e.g.,
a son’s son of the first degree disqualifies that of the second degree.
vi. Son of a full brother: He is
eliminated by the father and grandfather. He is also displaced by the son’s son
and the full brother.
vii. Son of a paternal brother: He
is eliminated by all those who can eliminate the son of a full brother, as
shown in vi above. Additionally, the son of a full brother can eliminate him.
viii. Full uncle: He is totally
eliminated by the son of a paternal brother and all those who can eliminate the
son of a paternal brother, as indicated in vii above.
ix. Paternal uncle: He is prevented
by the full uncle and those who can eliminate the full uncle, as indicated in
viii.
x. Son of a full uncle: He is
eliminated by the uncle and all those who can eliminate the paternal uncle, as
listed in ix above.
xi. Son of a paternal uncle: He is
covered by the son of a full uncle and those who can eliminate the son of an
uncle, as mentioned in x above (As-Sabuni, Ibid., p.70–71).
Female Relatives that Can be Eliminated
The female relatives that can be totally eliminated by other
relatives are basically five (5) in number, according to some Muslim jurists,
as enumerated below:
i. Absolute grandmother (mother of
mother or mother of father): Prevented by the mother in all circumstances.
ii. Son’s daughter: She is
eliminated by the son, whether she is one or more in number.
iii. Consanguine sister: She is
eliminated by the father, and also by the son’s son, no matter how distant.
iv. Paternal sister: She is
disqualified by a full sister if the latter stands as an agnate by her own
status. The father and other male descendants also eliminate her. Equally, two
sisters or more also disqualify her unless she is accompanied by a male agnate.
v. Maternal sister: She is totally
disqualified by original male and female heirs (i.e., grandfather, father, son,
son’s son, daughter, etc.) (As-Sabuni, Ibid., p.71–72).
Examples of total exclusion:
a. A man died leaving his father, three full brothers, and
grandfather. In this case, the three full brothers and grandfather will all be
exempted because of the presence of the father; the father will take the whole
estate as an agnate (Kebbe, 2018, p.173).
b. If a person dies and is survived by his father, mother, and two
full brothers, the mother will take one-sixth (1/6) in the presence of two full
brothers, who are totally excluded by the father. The father will take
one-sixth (1/6) as his basic share and claim the remaining two-thirds (2/3) as
agnate (Ibn Qudamah, 1999, vol.6, p.313).
Practical Exercise on Total Exclusion
A man dies and is survived by a daughter, son, mother, brother and two
sisters. His total income is one million naira (#1, 000 000).
Looking at the heirs carefully, it is clear that brother and the two
sisters were totally eliminated by the presence of the son. Thus, the
distribution goes in this way:
The mother claims one sixth (1/6), daughter will take one third (1/3) of
the remaining balance, while the male child will take two third (2/3)[4]
according to the rule that a male child takes double of the amount of a female
child (Qur’an, 4:11). No matter the number of males and females; each male
child will take double of the share of female child. It is worked out as
follows:
The base is 6
1000,000 ÷ 6=166,666.6
Mother’s share is 166,666.6
The remaining balance is 833,333,3
(to be divided by three):
833,333,3 ÷
3= 277,777.7
Therefore, the share of the daughter is 277,777.7
The share of the son is 555,555.4
Brother and the two sisters will not inherit anything because they are
eliminated by the presence of the son.
Note that, if the approximation of the nearest whole number is applied, the total amount
will increase by one naira (i.e, 1,000,001).
That is the reason why our judges in Shari‘ah courts of law ignore approximation to
maintain accuracy. Moreover, kobos are also ignored because of their
insignificant effect. For example, in this case, when we sum up the shares of
the heirs without adding the Kobos, the total will be #999,998, just a short of two (#2.00)
naira only.
Instances of Partial Exclusion
i. Mother: She is shifted by the brothers of the
deceased from one-third (1/3) to one-sixth (1/6).
ii. Husband: He is prevented from taking one-half
(½) of the wealth of his deceased wife and is reduced to one-fourth (1/4) by
her children.
iii. Wife(s): She is shifted from one-fourth (¼) to
one-eighth (1/8) of her late husband’s estate by his children.
iv. Daughter: She is prevented from getting ½ and
instead gets 2/3 in the presence of another daughter (if there are two, they
will share 2/3 instead of ½ while being alone).
v. Paternal sister: She is shifted from ½ to 1/6 by
one full sister (Ali Lakhyi, 2011, p.108).
Examples of Partial Exclusion
a. A woman dies and is survived by her mother, daughter, brother, and
husband. The mother’s share is one-sixth (1/6) because of the presence of the
brother, while the husband is reduced to one-fourth (¼) due to the presence of
the daughter, whose share remains one-half (1/2).
b. A person dies and is survived by his son, daughter, and wife. The
share of the wife is reduced to one-eighth (1/8) by the daughter and son. The
son also shifts the daughter from her basic share of one-half (1/2) to agnation
(ta‘sib). In this case, the son will claim double the daughter’s share from the
remaining balance after the portion of the wife is taken away.
Practical Exercise on Partial Exclusion
In example “a” above, if a wife died and left behind her mother,
daughter, and husband, her total estate (al-tarikah) is one million two hundred
thousand naira only (#1,200,000). Looking at the status of the heirs, it is
clear that the daughter has one-half (½) and she moves the mother from
one-third (1/3) to one-sixth (1/6). Equally, the daughter shifts the husband
from one-half (½) to one-fourth (¼). The brother, in this case, is a residuary
heir. The distribution goes thus:
The base is 24.
1,200,000/24=50,000 (this means to say; each portion is worth the value of #50,000)
The share of the mother is 50,000x4
= 200,000
The share of the husband is 50,000x6
= 300,000
The share of the daughter is 50,000x12
= 600,0000
The remaining two portions, which amounted to #100,000, will be claimed by the brother as an agnate (residuary
heir).
The Effect of Elimination on Agnate Heirs
Agnates refer to male-line relatives who are related to the deceased
through the male lineage. Principally, these individuals include, among others,
a son, father, grandfather, brother, and paternal uncle. If any of these
individuals survive the deceased alone, he is to inherit whatever was left by
the deceased (Ali, nd, pp. 299–231).
If, however, one or more of these categories exist, some of them will be
shifted from inheriting by agnation to a basic share allotted to them in the
Glorious Qur’an. For example, if a person dies and is survived by his father
and son, the son shifts the father from being a residuary heir to the basic
share of one-sixth (1/6):
Example: The deceased left a total estate amounting to #2,000,000. Had
the deceased died without a child (male or female), the father would inherit
all the money. The contrary is the case if the deceased has a son. The son now
shifts the father from agnation to a proportional status of 1/6. It is worked
out as follows:
#2,000,000 ÷ 6 = 333,333.3
#333,333.3 is now the share of the father, while the remaining balance
of #1,666,666.7 will be claimed by the son.
Wisdom of the Doctrine of Exclusion
In Islam, it is believed that in every divine ruling, there lies beneath
it a wisdom and benefit. The benefit is both mundane and spiritual. Thus, the
principle of exclusion in the law of Islamic inheritance is no exception.
Studying the verse quoted earlier, the following wisdom and benefits of
exclusion can be discerned:
i.
Emphasising the importance of maintaining relationship ties in general
without severing them.
ii.
Teaching us that of whatever good we want to do to others, we should
consider those to whom we are more closely related by blood, then follow by
others according to the degree of their proximity to us.
iii.
Indicating the relationship ties in a given family.
iv.
Showing the necessity of shouldering responsibilities for some relatives
above others.
v.
Expressing the degree of relationship between the heirs and the
deceased.
vi.
Encouraging peaceful coexistence and socio-economic consideration among
family members.
vii.
Justifying the statement of Allah (S.W.T) in the Qur’an that those very
close to us by blood relationship should be given preference for our material
support.
Recommendations
Looking at the technicalities involved in the distribution of a
deceased’s estate, it is imperative to put forward the following
recommendations:
Muslims should properly seek knowledge of Islamic inheritance and apply
it accordingly. Muslim jurists should endeavour to write more books on Islamic
law of succession with a view to simplifying its calculation and distribution.
This will immensely help in avoiding unnecessary mistakes, which sometimes
create hatred and enmity among heirs.
Judges at the Shari‘ah courts should adopt all necessary measures to
identify all the rightful heirs of the deceased with a view to ascertaining
those who are supposed to inherit. This is because a lawful heir may not
inherit in the presence of another heir, as explained vividly in this paper.
Governments should encourage their citizens to go for birth and death
registration, and such documents should clearly explain the type of
relationship of the registered person within a given family.
Finally, the doctrine of exclusion justifies the commandment of Allah
(S.W.T) in the Glorious Qur’an that one should consider his closest relations,
such as his parents and nearest kindreds, for goodness and kindness. The Qur’an
states:
They ask you (O
Muhammad S.A.W) what they should
spend. Say: Whatever you spend of good must be for parents and kindred… (Qur’an,
2:215)
Conclusion
Looking into the discussion of this paper, it is clear that the law of
Islamic inheritance is very delicate and sensitive. The clear expressions on
the theme of this paper have shown that the knowledge of the basic shares of
different heirs in the Glorious Qur’an, and to whom they should be allotted,
cannot be fully understood without proper knowledge of the concept of Hajab
(seclusion). Thus, the doctrine of seclusion could be seen as a necessary
reference on which all practical applications of the distribution of a
deceased’s estate are based. This is due to the fact that numerous rightful
heirs may survive the deceased, but not all of them could inherit because of
their different degrees of closeness to the deceased. As such, having sound
knowledge about the different positions of all the surviving heirs in relation
to the deceased is a prerequisite for accurate and correct distribution of
inheritance. The danger is that any attempt to distribute wealth without
knowledge of elimination can tantamount to injustice, which can incite enmity
and hatred among family members. Therefore, in order to avoid confusion and
social unrest, it is the opinion of this writer that the distribution of
inheritance should officially be handled by judges who are expected to have
knowledge of Islamic law of inheritance in all its ramifications. Moreover,
there should be strict sanctions for any scholar who is not a judge and
attempts to operate on his own without official permission from the government
through its judiciary section.
Bibliography
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Amal Printing Press.
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Islamic law and society. New Delhi: Discovery Publishing House Pvt. Ltd.
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Internet Sources
https://inheritance.sadtayyfoundation.org
[1] https://wasiyyah.com, Retrieved on
25/11/2025
[2] See
https://inheritance.sadtayyfoundation.org,
retrieved on 22/11/2025.
[3] Whether he is Qinan (the slave
in total bondage) or Mudabbiran (the
slave to regain his freedom after the death of his master) and or makatiban (a slave paying a ransom for
his freedom).
[4]
Note that; 1/3 and 2/3 are used to described the amount to be inherited by the
son and daughter. In this case, both the two are inheriting as agnates and not
by any basic share. Had it been the daughters are two , the total amount will
be divided by four; each of the two daughters will take one portion and the
female child take two portions.
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