When a believer dies it becomes incumbent on the family members to ensure that the wealth and property left behind are distributed according to Shariah Law prescribed in the Qur’an and Authentic Sunnah. After meeting the initial expenses incurred in giving the deceased an Islamic burial, and, after paying all of his debts and the “mahar” (dowry) that may still be due, to his wife, up to one-third of the remaining may be expended according to the deceased dying wishes or legal will that is left behind, for those who are NOT entitled by Shariah only.
The remainder must be distributed to all the legal heirs as defined by Qur’an and Authentic Sunnah as detailed hereunder.
Zakat payments, if any, that are due by the deceased must be paid even before the settlements of the debts and even before the burial expenses are utilized from the property of the deceased.
Ten groups amongst Male Heirs are entitled as follows:
- half brother* - step brother* |
half brother’s son;
father’s half – brother;
son of father’s half – brother;
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*(children of one father and one mother are referred to as brothers/sisters)
*(children of a father through different mothers as half – brothers/ half – sisters)
*(children of a mother and through different fathers as step –brother / step – sister)
Seven groups amongst Female Heirs are entitled as follows:
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If none of the seventeen groups of people mentioned above is alive his wealth wil be distributed among his Arham, i.e., non- inheriting relations.
Eleven groups of Heirs come under the class of Arham:
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There are six fractions of shares mentioned in the Quran: viz;
2/3, 1/2, 1/4, 1/8, 1/3, 1/6.
The 2/3 share is
- for two or more daughters;
- for two or more son’s daughters;
- for two or more sisters;
- for two or more half- sister;
The 1/3 share is
- for two or more of mother’s children;
- for the mother in the absence of child, or son’s child or two or more brothers or sisters;
- some times for the grand father when there are brothers and sisters,
The 1/2 share is
- For one of the four sets of females mentioned above when she is alone.
- for the husband when his wife leaves no issue.
The 1/4 share is
- for the husband when the wife leaves children;
- for the wife when the husband leaves no children
The 1/8 share is
- for the wife when her husband leaves children
The 1/6 share is
- for the father when the deceased leaves children;
- for the grandfather;
- for the mother when the deceased leaves children or two or more brothers and sisters;
- for the grandmother when the deceased leaves children or two or more brothers and sisters;
- for the son’s daughter when the deceased has one daughter;
- for one or more half – sisters when there is a sister
- for two or mother’s children;
When a father and spouse are alive, after assigning the respective shares due to them, One Third of the Remainder will be assigned to the mother.
The portion assigned to the wife has to be shared equally by two or three of four wives.
Disentitlement of inheritance
Those who are closet in relation ship to the deceased will disentitle others who are distantly related.
- The son disentitles the son’s children
- The father disentitles the grand father;
- The mother disentitles her mother;
- A father and mother disentitle the father’s mother
- The father and/or the son disentitled the brother
- These three (father, son, brother) disentitle the half brother
- The father, grandfather, and children disentitle the step – brother.
- The father, the grandfather, the son, the son’s son, the brother, the half- brother, disentitle the brother’s son.
- The above seven persons disentitle the son of the half- brother
- The above eight persons disentitle the brother of the father.
- The above nine persons disentitle the half- brother of the father
- The above ten persons disentitle the son of a half-brother of the father.
An ‘Asaba*, i.e an agnate, gets into possession of that portion of a deceased’s wealth that is left over after the appropriate shares have been paid. He gets possession of the entire wealth when there are no others entitled to the deceased’s wealth.
An ‘Asaba is a son, son’s son, father, father’s father, brother, half brother, their sons, a brother of the father or his sons.
Next to an Asaba as inheritor is the male freed slave and the male issue of his Asaba.
If there are males as well as females among those that cannot disentitle each other, the males will get two shares each while the females get one share each. *Asaba – male relation on the paternal side.
There are four means of inheritance
- Inheritance by lineage
- inheritance by marriage ties
- inheritance by a slave obtaining freedom
- Inheritance by a public body or establishment like the Baitul Mal or Treasury.
There are four means by which inheritance may be lost.
- The inheritor having any connection (even indirectly) with the cause of the death of the person whose heir he is
- his becoming a Kafir
- his becoming a slave
- Uncertainty as to who died earlier.
A son’s son is like son, but he will not get the ratio of 2:1 with the daughter (of the deceased) .
A mother’s mother and a father’s mother are like a mother, but they will have no claim to one third of the wealth. The share of these two will always be one sixth.
A father’s father is like a father, but he will not disentitle the brothers. He will get his share together with the brothers.
A son’s daughter is like a daughter, but she will be disentitled by the son.
A half- brother is like a bother but he will not get the ratio of 2:1 with a sister.
Al-QURAN – CHAPTER 4 – Al-Nissa – Verses 11,12 & 176
4:11 Allah commands you as regards your children (inheritance),
To the MALE, a portion equal to that of TWO FEMALES;
If (there are) only DAUGHTERS, two or more, their share is TWO-THIRDS of the inheritance;
If only one, her share is HALF.
For PARENTS, a SIXTH share of inheritance to EACH if the deceased left CHILDREN;
If NO CHILDREN, and the PARENTS are the (ONLY) heirs, the MOTHER has a THIRD;
If the deceased left BROTHERS or (SISTERS), the MOTHER has a SIXTH.
(The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children are nearest to you in benefit. (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise.
4:12 In that which your WIVES leave, your share is a HALF if they have NO CHILD;
But if they leave a CHILD you get a FOURTH of that which they leave after payment of legacies that they may have bequeathed or debts.
In that which YOU leave, their (YOUR WIVES) share is a FOURTH if you have NO CHILD;
But if you leave a CHILD they get an EIGHTH of that which you leave after payment of legacies that you may have bequeathed or debts.
If the MAN or WOMAN whose inheritance is in question has left NEITHER ASCENDANTS NOR DESCENDANTS (Al-Khalala), but has left a BROTHER or a SISTER, EACH ONE of the two gets a SIXTH; but if MORE THAN TWO, they share in a THIRD; after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone).
THIS IS A COMMANDMENT FROM ALLAH; And Allah is Ever All-Knowing, Most-Forebearing.
4:176 They ask you for a legal verdict, Say, “Allah directs (thus) about Al-Khalala (those who leave neither ascendants nor descendants as heirs).
If it is a MAN that dies, leaving A SISTER but NO CHILD, SHE shall have HALF the inheritance.
If (such a deceased was) a woman, who left NO CHILD, her BROTHER takes her INHERITANCE.
If there are TWO SISTERS, they shall have TWO-THIRDS of the inheritance;
If there are BROTHERS and SISTERS, the male will have TWICE the share of the female.
(Thus) does Allah make clear to you (His Law) lest you go astray. And Allah is the All-Knower of everything.
LEVEL I – PRIMARY (Immediate) HEIRS
The primary (or immediate) heirs classified as Level I are:-
1. The SPOUSE (Husband or a maximum of four Wives)
2. The CHILDREN (Sons and Daughters)
3. The PARENTS (Father & Mother)
4. The GRANDCHILDREN (Sons’s SON or Son’s DAUGHTER only)
(applicable only when the SON is already deceased only and has offspring)
LEVEL II – SECONDARY HEIRS
The secondary heirs classified as Level II are:-
1. The GRANDPARENTS (Paternal and Maternal)
2. The BROTHERS and/or SISTERS (In the absence of Father and Son ONLY)
3. The UNCLES and/or AUNTS (In the absence of Grandparents ONLY)
4. The NEPHEWS and/or NIECES (In the absence of Brothers and Sisters ONLY)
Note: It is not practical to go beyond Grandparents as the chances of Greatgrandparents surviving before you is not very high. However, the logic is that in the absence of a particular heir, the next level becomes eligible for inheritance. Eg; IF the Grandparents are dead THEN the Great Grandparents are entitled (if living only) and so on. It is better, for practicality and convenience to limit the inheritance level up to The GrandParents and the Grandchildren. If we attempt to go beyond these levels there will be no limit to the program logic validation.
Under Islamic Law, the primary beneficiaries of a deceased person are his/her IMMEDIATE (Level I) Heirs. ie; Spouse(s), Children, Parents and Grandchildren (if children are deceased only). The Grandchildren that are entitled are only the Son’s Son or the Son’s Daughter. Daughters children are not entitled even if the Daughter is deceased.
In the absence of some or all of these heirs the secondary beneficiaries (Level II) become Heirs under various conditions. In the absence of a particular Heir (eg; Uncle) if and when he/she is entitled the children of that Heir become eligible.
LEVEL I – Inheritance Logic:
1. SHARE OF HUSBAND
IF NO ENTITLED DESCENDANTS EXIST (ie; Children/Grandchildren)
THEN
HUSBAND = 1/2
IF ENTITLED DESCENDANTS EXIST (ie; Children/Grandchildren)
THEN
HUSBAND = 1/4
Note: ENTITLED DESCENDANTS = Sons, Daughters, Son’s Son, & Son’s Daughter. Daughter’s children are NOT treated as entitled descendants.
2. SHARE OF WIFE
IF NO ENTITLED DESCENDANTS EXIST (ie; Children/Grandchildren)
THEN
WIFE = 1/4
IF ENTITLED DESCENDANTS EXIST (ie; Children/Grandchildren)
THEN
WIFE = 1/8
Note: ENTITLED DESCENDANTS = Sons, Daughters, Son’s Son, & Son’s Daughter. Daughter’s children are NOT treated as entitled descendants.
3. SHARE OF DAUGHTER’(s)
IF ONLY ONE DAUGHTER (and NO Sons)
THEN
DAUGHTER = 1/2
IF TWO OR MORE DAUGHTERS ONLY (and NO Sons)
THEN
DAUGHTERS = 2/3
(to be shared equally between all of them)
IF both SON’s & DAUGHTERS EXIST,
THEN
SON:DAUGHTER = 2:1
4. SHARE OF FATHER
IF ENTITLED DESCENDANTS EXIST
(Sons, Daughters, Son’s Sons, Son’s Daughters)
THEN
FATHER = 1/6
IF NO MALE DESCENDANTS EXIST (Sons, Son’s Sons)
THEN
FATHER = 1/6 plus Residue
(residue = remainder after all legal shares are distributed)
IF NO ENTITLED DESCENDANTS EXIST
THEN
FATHER = Residue
5. SHARE OF MOTHER
IF ENTITLED DESCENDANTS or BROTHERS/SISTERS EXIST
THEN
MOTHER = 1/6
IF NO ENTITLED DESCENDANTS EXIST
THEN
IF NO BROTHERS/SISTERS, NO FATHER, NO SPOUSE EXIST
THEN
MOTHER = 1/3
IF BROTHERS/SISTERS, FATHER, or SPOUSE EXIST
THEN
MOTHER = 1/3 of Residue
6. UTERINE BROTHER/SISTER ( from same Mother, different father)
IF ONE UTERINE BROTHER/SISTER EXIST
THEN
IF NO ENTITLED DESCENDANTS and NO MALE ASCENDANTS
(Father/Father’s Father etc)
THEN
UTERINE BROTHER = 1/6 or UTERINE SISTER = 1/6
IF TWO OR MORE UTERINE BROTHERS/SISTERS EXIST
THEN
IF NO ENTITLED DESCENDANTS .AND.NO MALE ASCENDANTS
(Father/Father’s Father etc.)
THEN
ALL UTERINE BROTHERS & SISTERS = 1/3
Note: If there are UTERINE Brothers/Sisters IN ADDITION to FULL Brothers/Sisters (same father/mother), then they share in the residue.
7. SHARE OF SON’S DAUGHTER
IF ONE SON’S DAUGHTER EXIST
THEN
IF NO DAUGHTERS EXIST
THEN
IF NO SON’S SON EXIST
THEN
SON’S DAUGHTER = 1/2
IF SON’S SON EXIST
THEN
SON’S DAUGHTER = HALF SHARE OF SON’S SON
(ie Son’s SON share: Son’s DAUGHTER share = 2:1)
IF TWO OR MORE SON’S DAUGHTERS EXIST
THEN
IF NO DAUGHTERS EXIST
THEN
IF NO SON’S SONs EXIST
THEN
SON’S DAUGHTERS = 2/3 (equally between them)
IF SON’s SON EXISTS
THEN
SON’S DAUGHTER = HALF SHARE OF SON’S SON
(ie Son’s SON share: Son’s DAUGHTER share = 2:1)
8. SHARE OF FULL BROTHER/SISTER
(Full Brother/Sisters are brothers/sisters from the same FATHER & MOTHER)
Brothers & Sisters inherit ONLY when there are NO Descendants (Son/Sons, Son’s son
etc.) and NO Ascendants (Father/Grandfather etc.)
The arabic word “AL-KHALALA” is used in the Quran, Chapter 4 – Al-Nisa, Verses 12 & 176, which is translated by almost all the translators of the Quran to mean “Ascendants & Descendants” thus giving rise to the interpretation that they include “Parents and Children”. However, many scholars have preferred to classify the word as meaning “Father or Son” thus excluding the female components of both Ascendants and Descendants (mother & daughters).
IF NO FULL BROTHER and NO FEMALE ENTITLED DESCENDANT EXIST
(daughter, Son’s daughter etc.)
THEN
IF deceased was MALE,
THEN
FULL SISTER = 1/2 (if only ONE)
IF NO FULL SISTER and NO FEMALE ENTITLED DESCENDANT EXIST
THEN
IF deceased was FEMALE,
THEN
FULL BROTHER = 1 (if only ONE)
IF TWO OR MORE BROTHERS & SISTERS
THEN
FULL SISTERs = 2/3 (shared equally between them)
IF NO FULL BROTHER EXIST but FEMALE ENTITLED DESCENDANT EXIST
(daughter, Son’s daughter etc.)
THEN
FULL SISTER = 1/6 (if only one)
IF NO FULL SISTER EXIST but FEMALE ENTITLED DESCENDANT EXIST
THEN
FULL BROTHER = 1/6 (if only one)
IF FEMALE ENTITLED DESCENDANT EXIST
THEN
FULL SISTERS & BROTHERS = 1/3 (share equally)
9. CONSANGUINE SISTER (Sister from same Father but different Mother)
Consanguine Sisters inherit ONLY when there are NO SON’s or Son’s SON(s) AND NO FATHER AND NO FULL BROTHER.
IF ONLY ONE FULL SISTER AND NO CONSANGUINE BROTHER
THEN
CONSANGUINE SISTER (if only one) = 1/2
CONSANGUINE SISTER(s) (if two or more) = 2/3
IF ONE FULL SISTER AND CONSANGUINE BROTHER(s)
THEN
(CONSANGUINE) BROTHER:SISTER = 2:1
10. TRUE GRANDMOTHER
True Grandmother is defined as the one whose line of connection with the deceased is NOT interrupted by a MALE between two FEMALES. They are entitled ONLY if the FATHER or MOTHER do not exist.
Eg; Mother’s MOTHER, Father’s MOTHER
Father’s Father’s MOTHER, Mother’s Mother’s MOTHER
TRUE GRANDMOTHER = 1/6
11. TRUE GRANDFATHER
True Grandfather is the one whose line of connection with the deceased is NOT interrupted by a FEMALE between two MALES. They are entitled ONLY if the Father or Mother do not exist.
Eg; Father’s FATHER
Father’s Father’s FATHER
Mother’s FATHER
Mother’s Father’s FATHER
TRUE GRANDFATHER = 1/6 IF MALE DESCENDANTS EXIST (Son, etc)
TRUE GRANDFATHER = 1/6 + Residue IF FEMALE descendants exist
TRUE GRANDFATHER = Residue IF NO Male/Female descendants exist
12. UNCLES & AUNTS (Father’s/Mother’s Brothers & Sisters)
Uncles and Aunts are ONLY entitled in the absence of GRANDPARENTS. This means that they will receive shares ONLY if there are NO Parents AND Grandparents because Grandparents do not inherit when the Parents are living. They will also NOT inherit if the children (or children’s children) of the deceased are living. Proportions here are also in the ratio of 2:1 for Male:Female.
13. NEPHEWS & NIECES (Children of Brothers/Sisters)
Nephews and Nieces are ONLY entitled in the absence of Brothers and Sisters. This means that they take the shares of the Brothers/Sisters of the deceased in their absence. Hence a Nepew/Niece will receive what his/her parent (Brother/Siuster of the deceased) would have received if he/she was alive. They will also NOT inherit if the children (or children’s children) of the deceased are living. Proportions here are also 2:1 for Male:Female.
Dear Brother,
What do the various schools of thoughts say about inheritance? Can a Muslim inherit from a father if the father is from Ahl al Kitab? I read several hadiths and doubt their authenticity since the translation says that a child cannot inherite from a Kafir. Is a Christian considered a kafir or what?
Ahmed Amine wrote on May 21 2013
What do the various schools of thoughts say about inheritance? Can a Muslim inherit from a father if the father is from Ahl al Kitab? I read several hadiths and doubt their authenticity since the translation says that a child cannot inherite from a Kafir. Is a Christian considered a kafir or what?
RESPONSE:
For inheritance purposes any NON believer is considered a Kafir.
A Muslim, in my view, is any one who believes in Allah and His messenger, irrespective of what madhab, Group, Sect, or party he may attach himself to.
Allah Knows Best!
Assalam-v-alaikum,
My father passed away 18 years ago and have left behind few properties. We are five brothers and 1 sister. As per my fathers will he has distributed the properties amongst five brothers and a sister. Also as per the will my father have entrusted my mother the owner of the properties untill her death.
Now my mother along with my elder brother and only sister is selling some of the properties for personal gain. Please advise if according to Islamic law if this is permissible. I am afriad before my mothers death (may Allah grant her long and healthy life) my elder brother and sister will slowely get rid of all the properties before my fathers will become effective. Please advise.
Allah Hafiz
Sharif
Sharif wrote on May 20 2013
Assalam-v-alaikum,
My father passed away 18 years ago and have left behind few properties. We are five brothers and 1 sister. As per my fathers will he has distributed the properties amongst five brothers and a sister. Also as per the will my father have entrusted my mother the owner of the properties untill her death.
Now my mother along with my elder brother and only sister is selling some of the properties for personal gain. Please advise if according to Islamic law if this is permissible. I am afriad before my mothers death (may Allah grant her long and healthy life) my elder brother and sister will slowely get rid of all the properties before my fathers will become effective. Please advise.
Sharif
RESPONSE:
First of all, the will of your Father leaving behind his estate/property/wealth to his wife and children is INVALID under Islamic Shariah Law as Allah Has Already Ordained their respective shares in the Qur'an by His Command. Surah Nisa.
According to the Law of Inheritance in Islam the inheritance of your late Father has to be divided as follows:-
Your MOTHER = 1/6
Remainder will be divided between all the children where the male gets twoice the share of the female.
One question that comes to my mind here is how your Mother and older brother can sell a property whis is NOT in their name? If your Father died 18 years ago and the property is still not divided it must still remain in HIS name.
Allah Knows Best!
Assalam-v-alaikum,
Thank you so much for your response.
Assalamuilaikum, This is to inform you my mother passed away 2 months ago my father as a nother wife I am the first wife son and i have a sister as well,and also our father have 2 kids for his 2 nd wife,SO please let me know how to divide the properties of my father,Still my father is alive.Jazzakalla.
Nazeemudeen asked on May 21 2013
Assalamuilaikum, This is to inform you my mother passed away 2 months ago my father has another wife I am the first wife son and i have a sister as well, and also our father have 2 kids for his 2nd wife, SO please let me know how to divide the properties of my father, Still my father is alive.Jazzakalla.
RESPONSE:
In the event of your Father pasing away before both his wives and all of his children his inheritance will be divided as follows:-
WIFE 1: 1/16
WIFE 2 = 1/16
Total = 1/8, Balance = 7/8
CHILDREN = will share the balance 7/8 where each son will get twice the share of each daughter
Allah Knows Best!
Q&A on FB submitted by Nilo Khan on May 6 2013
Hi my name is Nilufer, my dad passed away leaving a house, we have a step mom with one son & daughter. my mom passed away long ago with 3 daughters & 1 one son. my step mom is still alive & wants to allot proprty only to her daughter not us. Pls suggest us on this. It is also possible that she might have forged sign of my Dad & transferred the property in her name or daughters name. if such a thing happens what can we do. Also what would be our share if the property goes through any proceedings pls suggest as we are need of money. Thank you for all your help.
RESPONSE:
All your Dad's children are entitled to inherit from the total value of the wealth, property, and estate he has left behind.
The correct division of the inheritance is as follows:-
Wife #2 (your step mother) = 8/64 = 1/8
Son #1 (from first wife) = 14/64 = 7/32
Son #2 (from second wife) = 14/64 = 7/32
Daughter #1 (from first wife) = 7/64
Daughter #2 (from first wife) = 7/64
Daughter #3 (from first wife) = 7/64
Daughter #1 (from second wife) = 7/64
Total = 8/64 + 14/64 +14/64 + 7/64 + 7/64 + 7/64 + 7/64 = 64/64= 1
As you can see the daughter gets half the amount of the son as prescribed by Allah.
If any of your Dad's property/wealth has already been gifted or transferred to any of his children then that does not belong to your Dad anymore and hence will not be considered as a part of his inheritance>
Wills cannot be made in the names of immediate heirs, viz Parents, Spouses, Children, Siblings, since they are already entitled by Shariah Law.
In the event there is any suspicion of fraud or forgery then that has to be managed by the local laws prevailing in the country where you live.
Everything depends on how the inheritance of your Dad is divided, whether by Shariah Law or some other law that may prevail in your country.
Its best to consult a lawyer and make your claims, accordingly.
Allah Knows Best!
Shaik Noorjahan Begum wrote on April 26, 2013:
assalamalaikum thanks for ur response brother but i have another doubt regarding the same question posted on feb 28 my fathers 3rd sisters neither husband, parents are alive nor children, means she dont have any own children then how should we distubute that property and to whom please give detail information because i dont want my father do any sin in this matter. we went to a lawyer and asked the same according to islamic law to whom it belong then he answed the step son who died before that lady (3rd sister) died so it didnt belong to ur father alone but it belongs to all brothers &sisters of that lady who are alive is it true?
RESPONSE:
The basis of Islamic Inheritance is OWNERSHIP. Whoever owns property, money, wealth, goods, vehicles, etc legaly in his/her name is the OWNER. When such an owner dies then that property that he/she owns MUST be distributed to his/her legal Islamic heirs based on Islamic Shariah Law.
So, in your case you have to first identify who the real OWNER of the property/money/wealth/goods is before you can conclude the heirs. Once you are fully convinced and have proof opf ownership, then that wealth/property of tyhe deceased can be divided to his/her legal heirs as per Islamic Law.
If the wealth/property belonged to your father's THIRD SISTER only and she has no husband, children, or parents, at the time of her death, then that property will certainly be divided between her brothers and sisters under Islamic Shariah Law of Inheritance.
Allah Knows Best!
Original question and response by Shaik Noorjahan Begum was as follows:
Shaik noorjahan begum wrote on February 28, 2013 at 6:34 am
Assalamalaikum
My father has 2 brothers 3 sisters. 2 sisters r married 1st sister died she had 1 son & 1 daughter because they r small all thought to give their 3rd sister and marry to their 1st bhaijan he was govt employee he wrote pension on her wife's name & pf amount on childrens name after some years he died. after getting money son left her step mom (aunty) and went to bangalore used to live with her sister & never return. my father who is younger of all. is also a govt employee helped financially his 3rd sister in constructing a house because she is alone and monthly my dad used to clear her debts in instalments. that means she was also a pensioners but that money was not sufficient so my dad helped her after some years her stepson died, he also had children later my dads 3rd sister died. now my question is to whom this property belongs?. ( now 2 brothers, 1 sister of my father alive, children & wife of step son of my fathers 3rd sister are alive. and stepdaughter of my fathers 3rd sister are alive) does it belong to us because my father constructed that house
RESPONSE:
The question that arises here is who is the rightful OWNER of the property at the time of their death?
If it was your Dad's third sister then all of the property/estate must go to her living heirs spouse, parents, children), first.
The fact that your father constructed a house for another family member does not entitle that house to be inherited by your Father's family. In Islamic Shariah law everything devolves around ownership and relationship to the deceased.
Allah Knows Best!
AAlaikum
My mother passed away to her heavenly home in Feb this year. My dad had gifted her a hhge house (I gre wup in that and we lived in it for 35 years). She wanted to give 1/3 of it in her name for charity but we were unable to sell the house because of poor economy and also because my only brother wanted to wait until prices went up. Her immediate heirs alive are: My father, my brother and me and my 2 sisters (total 5). My dad is 82 yrs old and not in good health and he has his own bank account and property in his name (and my mom's name for legal reasons so she could benefit if he had died earlier, but they are his for all intents and purposes). Now my questions are:
1. Is my brother (the one no allowing the sale) responsible for the final decision about when to see and give us our portions? If he continues to waste time and does not do that what can we girls do? Honestly, I could use the money I inherit to buy myslef an apartment. Or is my dad also responsible for it as he is the husband – but he is very weak and my brother does not take his opinion in anything and orders my dad around.
2. If my brother, knowing that mother wanted 1/3 to go to charity, does not fulfill her wishes, while we all know what she wanted, will we all be answerable to Allah or only him?
3. Will we divide the whole amount into (once house is sold) 7 equal portions (1 for dad, 1 for charity, 1 each for the 3 daughters and 2 for brother)? What of God forbid my brother does not sell the house and my dad passes away. Since dad was alive when mom died, will he have a share to be divided amongst the 4 kids or he will have no share as house was sold after he passed away?
4. WHO is ultimatley respnosble for enforcing the distribution of wealth of deceased?
Your father has the right of managing tghe distribution of your late Mothers inheritance to the respective heirs before your brother has any right. If unable to carry out this task, then he (your father) can appoint an arbitrator (legal counsel or knowledgable family member) to do this. The local Qazi in your village/town could also be a suitable person to manage this exercise.
It is important that the inheritance be distributed as soon as possible without any delaysso that the beneficiaries may utilize them for their needs while they are still living since it is their rightful share.
The arbitrator has to take into account the validity of your Mother's wish to grant 1/3 of her estate to charity based on evidence, witnesses (all of you who have heard it from her personally) and other forms of written evidence, if any, left behind by her. (One can see the significance of writing down such matters, here to avoid disputes and issues after one has passed away). The only ones answerable to Allah for negating such a request are those who oppose it knowing well that it was your Mother's wish. Others are not liable and Allah is Most Forgiving and Understanding.
Dad's share is 1/6. Remainder will be divided between the children where the male gets twice the share of the female. The division has to be mutually agreed between the heirs, either by selling the whole estate and converting it into cash and divding it according to Islamic Inheritance Law or agreeing to share the portions of the inheritance based on its value and equating such value to each persons share by mutual consent.
The most important factor here is the designation of the correct portions to each heir and the acceptance of the estate by them in whatever form (cash, property, land, utensils, etc) according to their value.
Your brother has no right whatsoever to delay the distribution. This has to be imposed by the local Qazi or legal authority and executed without any delay.
Allah Knows Best!
Amir Mohammed wrote on April 26, 2013,
My mother in law, Sr. Rasheeda Lazina Khan (RLK), asked me to assist her with her will. She has 4 daughters and no sons. 3 of her daughters each has 2 sons and one daughter is unmarried and has no children. RLK desire is to share her property equally, however as the unmarried daughter has minor medical issues, and no children, RLK wants to find out if there is any way the unmarried daughter can get a little more. For ease of refference, let us assume her estate totals $10,000. how can this be shared according to Islamic laws.
RESPONSE:
Under Islamic Law you Mother in Law (Sr RLK) CANNOT make a will for her immediate heirs (Parents, Children, Siblings, Spouse) who have rights to inherit from her after her death. An Islamic Will can only be made, UP TO A MAXIMUM of 1/3 of the persons property/wealth only (ONE/THIRD), to anyone who is NOT a legal heir under Islamic Law.
Hence Sr RLK will not be permitted, under Islamic Law, to make a will as she intends.
However, if she so wishes, based on the prevailing situation with her children, she could choose to give them whatever share she please while she is still alive. This is fully permitted.
Based on the amount you have mentioned in your question, and assuming that Sr RLK has NO living Parents, NO living husband, and NO living Siblings (brothers and sisters), her estate/wealth, ammounting to $10,000 will be divided between her heirs as follows, in the event of her death:-
4 DAUGHTERS = 2/3 of her estate/property divided equally between them. This amounts to a total of $6,666 for all and $1,667 for each daughter
There will be a remainder of $3,3,34 which, under Islamic Law, should go to the nearest blood male relative (paternal/maternal Uncles, if any). If there are none, then this amount will also be divided equally between the four daughters each getting $833
What Sr RTL can do, if she chooses is to divide the $10,000 between all her four daughters now, while she is alive in whatever proportion she may choose, OR she could even give a portion of it NOW to the deserving daughter as an extra payment and leave the rest in her name for the division to take place as per Islamic Shariah Law after her death in order to compensate that daughter as she wishes.
Allah Knows Best!
Assalamualykum,
I found this website while looking for a solution for the division of the property.
Sir I have a question if a person dies and leaves behind a son from her first wife whom he has divorced a long time back but the son is living with him, and the second wife from whom he has no issues. What will be the share of his son and his second wife. It is understood from your earlier replies that the divorced wife will not get any share. Please help me to solve this issue.
An illustration of the above relations. Suppose the man deceased is Ahmad and his first wife who is divorced is Shamshada and their son is Arif and the second wife who is without any issue is Safiya. So Please distribute the property among Arif and Safiya as per sharia law.
Thank you
A Al Jan wrote on Apr 26 2013,
Assalamualykum,
I found this website while looking for a solution for the division of the property.
Sir I have a question if a person dies and leaves behind a son from her (his?) first wife whom he has divorced a long time back but the son is living with him, and the second wife from whom he has no issues. What will be the share of his son and his second wife. It is understood from your earlier replies that the divorced wife will not get any share. Please help me to solve this issue.
An illustration of the above relations. Suppose the man deceased is Ahmad and his first wife who is divorced is Shamshada and their son is Arif and the second wife who is without any issue is Safiya. So Please distribute the property among Arif and Safiya as per sharia law.
Thank you
RESPONSE: Ahmed is the deceased. Inheritance shares according ti Islamic Shariah Law must be distributed to his valid heirs as follows:-
SHAMSHADA (first wife) = Nil (because he is divorced and hence she has no inheritance)
SAFIYA (second wife, legal) = 1/8 share of whole property
ARIF (son from first wife) = 7/8
Total = 1/8 + 7/8 = 8/8 = 1 (WHOLE)
The above distribution is based on the fact that the deceased, Ahmed has NO living parents.
Allah Knows Best!
Ahmed is the deceased. Inheritance shares according ti Islamic Shariah Law must be distributed to his valid heirs as follows:-
SHAMSHADA (first wife) = Nil (because he is divorced and hence she has no inheritance)
SAFIYA (second wife, legal) = 1/8 share of whole property
ARIF (son from first wife) = 7/8
Total = 1/8 + 7/8 = 8/8 = 1 (WHOLE)
The above distribution is based on the fact that the deceased, Ahmed has NO living parents.
Allah Knows Best!
My mother in law, Sr. Rasheeda Lazina Khan (RLK), asked me to assist her with her will. She has 4 daughters and no sons. 3 of her daughters each has 2 sons and one daughter is unmarried and has no children. RLK desire is to share her property equally, however as the unmarried daughter has minor medical issues, and no children, RLK wants to find out if there is any way the unmarried daughter can get a little more. For ease of refference, let us assume her estate totals $10,000. how can this be shared according to Islamic laws.
Amal wrote on Apr 18 2013
I have a question…this is not from my perspective of the wealth/property and neither am i asking for what is mine, however i want to know according to the others mention…
My father’s brother died 2 years ago…he has a son and daughter from one wife and other sons (4) and (2) daughters from another wife…..i wanted to know because he had a property, who is entitled to it…because the brother and sister from the first wife claim it is there’s and only there’s….so how would it be divided….the daughter from the first wife (whom they have divorced i.e. the wife), has a son also… but her brother has no children…the other children are very young (8-17)….in shaa Allah if u can help me with this i would be immensely grateful …shukran….
RESPONSE:
Under Islamic Shariah Law of Inheritance ALL legal heirs of a deceased are entitled to their share and the matter is not for the heirs to decide since Allah Has Already Decided the division and it is stated very clearly in the verses of the Quran in Surah An Nisa [v11,v12 & v176].
In this case the inheritance of your brother will be as follows:-
WIFE #1 = NIL (since she is divorced)
WIFE #2 = 1/8
Balance = 7/8
SON from First Wife = 2/13 of 7/8 = 14/104 = 7/52
DAUGHTER from First Wife = 1/13 of 7/8 = 7/104
SON’s from Second Wife = 8/13 of 7/8 = 7/13 (each son will receive 7/52)
DAUGHTER’s from Second Wife = 2/13 of 7/8 = 14/104 = 7/52 (each daughter will receive 7/104)
GRAND DAUGHTER from First Wife = NIL (since the deceased has living SON’s)
Total = 1/8 + 7/52 + 7/104 + 7/13 + 14/104 = 104/104 = 1 (Whole)
Allah Knows Best!
Sir i am living with father i am having two wives and 1 son 2 daughters 4 married sisters. How many share will get my house property to me?
Please send me reply to my email id.
Thanking you
Abdul Rahman khan
Abdul Rahman Khan wrote on April 19 2013
Sir i am living with father i am having two wives and 1 son 2 daughters 4 married sisters. How many share will get my house property to me?
Please send me reply to my email id.
Thanking you
Abdul Rahman khan
RESPONSE:
If your question is asking how the Islamic Inheritance shares will be distributed to your heirs after YOUR passing away, then it is as follows:-
FATHER = 1/6
WIFE #1 = 1/16
WIFE #2 = 1/16
Total = 1/6 + 1/16 + 1/16 = 14/48 = 7/24
Balance = 17/24
SON = 1/2 of 17/24 = 17/48
DAUGHTER #1 = 17/96
DAUGHTER #2 = 17/96
SISTERS = NIL (Brothers and Sisters of a deceased DO NOT inherit anything in the presence of a direct MALE heir, viz FATHER and/or SON)
TOTAL = 7/24 + 17/48 + 17/96 +17/96 = 96/96 = 1 (Whole)
Allah Knows Best!
I have a question…this is not from my perspective of the wealth/property and neither am i asking for what is mine, however i want to know according to the others mention…
My father’s brother died 2 years ago…he has a son and daughter from one wife and other sons (4) and (2) daughters from another wife…..i wanted to know because he had a property, who is entitled to it…because the brother and sister from the first wife claim it is there’s and only there’s….so how would it be divided….the daughter from the first wife (whom they have divorced i.e. the wife), has a son also… but her brother has no children…the other children are very young (8-17)….in shaa Allah if u can help me with this i would be immensely greatful…shukran….
Salaam Brother, I wrote to you on the 13/04/13, but have not yet received a reply, it would be greatly appreciated. JazakAllah Khayr
mohammed wrote on April 18, 2013
Salaam Brother, I wrote to you on the 13/04/13, but have not yet received a reply, it would be greatly appreciated. JazakAllah Khayr
RESPONSE:
Kindly scroll back and check. I have responded on April 16. Responses are moderated by the administrator of the Sailan Muslim Inheritance Web page and hence usually take at least 24 hours to be approved and published.
In any case here is the response once again:-
RESPONSE:
Basically, whatever your late Mother had stated to you and the rest of her family before her death, be it in writing or only in spoken words, in the presence of witnesses, is definitely a commitment on her part which needs to be carried out after her death as long as it conforms to the Islamic Law of Inheritance as defined by Allah and explained by His Messenger (sal) and executed by those who came after him (sal).
First, if your Mother, during her lifetime chose to give some money to you, her other children, or even to any other outsider, then that money is not hers anymore. Thus it does not come under her inheritance distribution. However, if the monies were NOT paid as she wanted to and was only expecting it to be paid after her demise then that money will have to be included in her inheritance value for distribution among the rightful heirs according to the Quran and authentic Sunnah. The ONLy exception to this rule will be if ALL of the beneficiaries of her inheritance FULLY agree to accede to her wishes while she was alive. If there is even ONE of them disagreeing then this request of hers is not valid, anymore, as per the Islamic Shariah Law of Inheritance.
The jewelry that she had left behind for one of her grandchildren is still her property since it was NOT gifted to that grandchild yet and was only a request. Since there are legal heirs who oppose this request that jewelry cannot be gifted to her grandchild as per her request since it now belongs to her estate and will need to be divided to ALL of the rightful heirs. However, any, or all, of those heirs who wish tha this request be fulfilled could buy that jewelry back after distribution, from their own funds, and have it gifted to the respective grand child.
One important aspect to remember within the distribution of inheritance to the rightful heirs is that ALL funeral expenses and loans must be settled from the estate of the deceased FIRST before the inheritance is distributed.
The loan she wanted cancelled is valid and ca be allowed even if there are those heirs who do not agree to it up to a MAXIMUM value of NE-THIRD of her total estate only. Any balance will still be due to her estate from the borrower. In such a case those inheritors who want to accede to your Mother's request could pay that balance sum from their own inheritance and wipe out that loan completely as was the request of your late Mother.
In the case of the monies your Mother had given to you for her funeral expenses, you may use it for that purpose as if it was a part of her inheritance and put the remainder (if any) back into her estate for distribution to all the rightful heirs.
The monies that she wanted to be paid to the Mosque from that sum could also be paid by those of her heirs who want to do so from their own inheritance shares, after distribution, as long as you are able to establish its amount based on the monies she gave you for her funeral expenses two years ago.
The most important factor to remember in all of your issues and questions is that the estate of a believer belongs, ENTIRELY, to that believer until and unless it is gifted, distributed, or paid to another, be they children, parents, brothers, sisters, or even outsiders, during the lifetime of that person. Anything written down or bequeathed by word of mouth to any of the rightful heirs becomes null and void. Anything bequeathed to anyone who is NOT a rightful heir (like the loan she wanted to be written off) is allowed only up to a maximum of ONE-THIRD of the value of the whole estate of the deceased.
Allah Knows Best!
Salaam Brother. My Beloved mother passed away recently, she was a widow. Can you please advise if the following 3 wishes in the presence of witnesses well prior to my Mother passing away should be accepted as her wish and not distributed under Sharia law. I accept the rest of her money and property should be divided amongst her children under Sharia Law. My mother left some jewellery in which she informed a number of people in our family a couple of years ago (4 of her 6 children, ie 3 sons & 3 daughters) that she wanted it to be passed onto one of her grandchildren for his wedding.
She also stated to majority of her children about 3 years ago that she wanted a loan she had given to one of her friends to be cancelled and considered paid off in the event of her death. She had reiterated this point to all her 6 children on numerous occasions including their spouses, however only 4 of her children with their respected spouses are willing to accept this is the case.
My Mother also left some money with me abut 2 years ago, and informed me to use it to pay her funeral expenses and the remainder to be passed onto our local Mosque. I have 4 of her children, including myself as witnesses again for this, as the remainder disagree.
Please advise if the 3 above wishes of my Mother should be respected and distributed under Sharia or not, and how the remainder of her property be distributed among her 3 sons and daughters?
Mohammed wrote on April 16 2013,
Salaam Brother.
My Beloved mother passed away recently, she was a widow. Can you please advise if the following 3 wishes in the presence of witnesses well prior to my Mother passing away should be accepted as her wish and not distributed under Sharia law.
I accept the rest of her money and property should be divided amongst her children under Sharia Law.
My mother left some jewelry in which she informed a number of people in our family a couple of years ago (4 of her 6 children, ie 3 sons & 3 daughters) that she wanted it to be passed onto one of her grandchildren for his wedding.
She also stated to majority of her children about 3 years ago that she wanted a loan she had given to one of her friends to be cancelled and considered paid off in the event of her death. She had reiterated this point to all her 6 children on numerous occasions including their spouses, however only 4 of her children with their respected spouses are willing to accept this is the case.
My Mother also left some money with me abut 2 years ago, and informed me to use it to pay her funeral expenses and the remainder to be passed onto our local Mosque. I have 4 of her children, including myself as witnesses again for this, as the remainder disagree.
Please advise if the 3 above wishes of my Mother should be respected and distributed under Sharia or not, and how the remainder of her property be distributed among her 3 sons and daughters?
RESPONSE:
Basically, whatever your late Mother had stated to you and the rest of her family before her death, be it in writing or only in spoken words, in the presence of witnesses, is definitely a commitment on her part which needs to be carried out after her death as long as it conforms to the Islamic Law of Inheritance as defined by Allah and explained by His Messenger (sal) and executed by those who came after him (sal).
First, if your Mother, during her lifetime chose to give some money to you, her other children, or even to any other outsider, then that money is not hers anymore. Thus it does not come under her inheritance distribution. However, if the monies were NOT paid as she wanted to and was only expecting it to be paid after her demise then that money will have to be included in her inheritance value for distribution among the rightful heirs according to the Quran and authentic Sunnah. The ONLy exception to this rule will be if ALL of the beneficiaries of her inheritance FULLY agree to accede to her wishes while she was alive. If there is even ONE of them disagreeing then this request of hers is not valid, anymore, as per the Islamic Shariah Law of Inheritance.
The jewelry that she had left behind for one of her grandchildren is still her property since it was NOT gifted to that grandchild yet and was only a request. Since there are legal heirs who oppose this request that jewelry cannot be gifted to her grandchild as per her request since it now belongs to her estate and will need to be divided to ALL of the rightful heirs. However, any, or all, of those heirs who wish tha this request be fulfilled could buy that jewelry back after distribution, from their own funds, and have it gifted to the respective grand child.
One important aspect to remember within the distribution of inheritance to the rightful heirs is that ALL funeral expenses and loans must be settled from the estate of the deceased FIRST before the inheritance is distributed.
The loan she wanted cancelled is valid and ca be allowed even if there are those heirs who do not agree to it up to a MAXIMUM value of NE-THIRD of her total estate only. Any balance will still be due to her estate from the borrower. In such a case those inheritors who want to accede to your Mother's request could pay that balance sum from their own inheritance and wipe out that loan completely as was the request of your late Mother.
In the case of the monies your Mother had given to you for her funeral expenses, you may use it for that purpose as if it was a part of her inheritance and put the remainder (if any) back into her estate for distribution to all the rightful heirs.
The monies that she wanted to be paid to the Mosque from that sum could also be paid by those of her heirs who want to do so from their own inheritance shares, after distribution, as long as you are able to establish its amount based on the monies she gave you for her funeral expenses two years ago.
The most important factor to remember in all of your issues and questions is that the estate of a believer belongs, ENTIRELY, to that believer until and unless it is gifted, distributed, or paid to another, be they children, parents, brothers, sisters, or even outsiders, during the lifetime of that person. Anything written down or bequeathed by word of mouth to any of the rightful heirs becomes null and void. Anything bequeathed to anyone who is NOT a rightful heir (like the loan she wanted to be written off) is allowed only up to a maximum of ONE-THIRD of the value of the whole estate of the deceased.
Allah Knows Best!
Q&A on FB:
Zhada Malik
Hi I hope you can help me with my question -
My mums brother has past away, he has no kids of his own and he also lost his wife shortly after so I need to know where his inheritance will go.
I think it would go to the deceased siblings – he has 1 sister and 1 brother alive and 3 brothers that have past away.
So will the inheritance go to the siblings that are alive?
The 3 brothers that have past away, they have children so im not sure if the children are entitled to anything?
The case has only just gone to the solicitors in pakistan and im based in uk so im really unsure what the process is like in pakistan and would like an idea to what the islamic law says about this sort of situation.
Look forward in hearing from you.
- Zhada
RESPONSE:
First, your Mum's brothers wife must be paid her inheritance since she was alive at the time of his death. Since they had no children her inheritance share, according to Islamic Shariah Law of inheritance is 1/4 (ONE-FOURTHS) of his estate/wealth/property/assets.
Next if his parents were living at the time of his death, then, they will inherit the remainder 3/4 in the proportion where his Father will get twice the share of his Mother. If only one of them were alive then he/she will take 1/6 of his estate/wealth/property/assets.
The remainder will be divided between his siblings (Brothers/Sisters), who were alive at the time of his death only, where the male will take twice the share of the female.
If any of the valid inheritors have also passed away AFTER him before his estate has been divided, then, that specific share must be divided and given to their own descendants/inheritors according to the law. Any of the descendants/inheritors who passed away before your Uncle will not inherit from him.
Allah Knows Best!
Aslam o Alikum,
if Mr. Sharif died and left 1 daughter 1 son, 1 wife and mother, later on mother died and She left 6 daughters and 4 sons (real brothers and sisters of deceased Mr. Sharif) then how inhertance of Rs.1,800,000/- will divide.
what is the principal of reduction and increas of shares i.e. 2/3 = 7/12
imran asked on April 10 2013
what is the principal of reduction and increase of shares i.e. 2/3 = 7/12
RESPONSE:
The principle of AWL (proportional decrease of inheritance shares) is applied only when the total of the individual shares exceeds 1 in some specific cases.
The principle of RADD (proportional increase of inheritance shares) is applied when the total of the individual shares is less than 1 in certain cases.
Allah Knows Best!
Imran also asked on April 10 2013
Aslam o Alikum,
if Mr. Sharif died and left 1 daughter 1 son, 1 wife and mother, later on mother died and She left 6 daughters and 4 sons (real brothers and sisters of deceased Mr. Sharif) then how inheritance of Rs.1,800,000/- will divide.
RESPONSE:
Mr SHARIFF's inheritance
MOTHER = 1/6
WIFE = 1/8
Total = 1/6 + 1/8 = 7/24 (Balance = 17/24)
SON = 2/3 of 17/24 = 17/36
DAUGHTER = 1/3 of 17/24 = 17/72
TOTAL = 7/24 + 17/36 + 17/72 = 72/72 = 1 (WHOLE
Mr SHARIFF's MOTHERS Inheritance
4 SONS = 8/14 or 4/7(each son receives 1/7)
6 DAUGHTERS = 6/14 or 3/7 (each daughter receives 1/14)
Allah Knows Best!
sayied wrote on April 7, 2013
Assalam alaikum
Dear brother in Islam, is it ok according to Islamic law, for an individual to give away all his wealth and property to some one before his death, but not to any of his relative who are entitled.
Wassalam.
RESPONSE:
Yes, it is allowed for anyone to give whatever he owns to anyone before his death. However, once the person has passed away all his estate, wealth, property and owning has to be divided according to Islamic Shariah Law as per the Commandments of Allah.
Allah Knows Best!
Salaam
I would like to know my father died. My mother got remarried shortly after that and i have 2 brothers and me a daughter. How would my fathers inheritance be shared out and would my mother also get a portion of my father inheritance even if she is remarried and has kids of her second husband.
wasalaam
nadeema
Nadeema wrote on April 8, 2013,
Salaam
I would like to know my father died. My mother got remarried shortly after that and i have 2 brothers and me a daughter. How would my fathers inheritance be shared out and would my mother also get a portion of my father inheritance even if she is remarried and has kids of her second husband.
wasalaam
nadeema
RESPONSE:
As long as your mother was alive and still your Father's wife at the time of your Father's death she is entitled to his inheritance even if she re married later. The inheritance of your FATHER should be divided as follows, assuming that your FATHERS parents were not living at the time of his death:-
MOTHER (wife of deceased): = 1/8 (Balance = 7/8)
2 BROTHERS (sons of deceased) = 2/3 of 7/8 = 7/12 (each brother gets 7/24)
YOU (daughter of deceased) = 1/3 of 7/8 = 7/24
Total = 1/8 + 7/12 + 7/24 = 24/24 = 1 (WHOLE)
Allah Knows Best!
I m quite confused by this answer, is it that whole inheritance left after giving to mother will first be divided 2:1 for all sons and daughters ; then 2 parts of sons will be subdivided equally b/w one or many sons and 1 part b/w one or many daughters.
as in this example or it ll be 7/8 divided by adding 2 parts of each son/sons and one part of each daughter/daughter?
in both cases the result ll be different.
will u plz put me wise?
wassalam
A.A
mother gets 1/8 balance is 7/8
balance of 7/8 is to be divided to the 2 brothers and one sister . and the males per islamic sharia are to have twice the portion of the female.
hence 5 parts. therefore 1 brother gets 2/5 second brother 2/5 and sister 1/5 of the balance.
doing mathematics common denomitor is 40
mother is 1/8 which is 5/40
brother 1 is 2/5 of 7/8 which is 14/40
brother 2 is 2/5 of 7/8 which is 14/40
sister gets half of a brother which is 1/5 of 7/8 is 7/40
add them up and you get 1
5/40 + 14/40 + 14/40 + 7/40 = 40/40 = 1
And Allah knows best.
I Khan wrote on Mar 7 2013
Salam.
My father passed away in 26 year ago. My father first marriage ended in talak in 1969. He had no kids with his first wife. As per my understanding he had paid the Mehar to his first wife when talak took place.
Question: does his first wife (divorced) any claim in his wirasat?
In 1970 my father married my mom and I am their only son. This was my mom second marriage too. My mom has 2 kids from her first marriage, 1 son and 1 daughter. All 3 kids were bought up together in a very polite way and only very close relatives knew that we are step brother and sisters.
So I have now used the Wirasat online calculator and I am rather surprised that step brother and sister (same mother, different father) have no share in Wirasat? Is this true?
Please explain.
RESPONSE:
Children of the deceased can inherit only from their biological parents. They cannot inherit from step fathers or step mothers.
Allah Knows Best!
Sorry, there is an error in the comptation. The correct division should be as follows:-
MOTHER (wife of deceased): = 1/8 (Balance = 7/8)
2 BROTHERS (sons of deceased) = 4/5 of balance (7/8) = 4/5 * 7/8 = 7/10 Therefore Each Brother gets 7/20
YOU (daughter of deceased) = 1/5 of balance (7/8) = 1/5 * 7/8 = 7/40
Total = 1/8 + 7/20 +7/20 + 7/40 = 40/40 = 1 (WHOLE)
Allah Knows Best!
Assalam alaikum
Dear brother in Islam, is it ok according to Islamic law, for an individual to give away all his wealth and property to some one before his death, but not to any of his relative who are entitled.
Wassalam.
my father has 3 children (2 daughters 1 son) from the firt marriage, which ended in divorce, he married again and has 6 children (5 daughters 1son). how is the inheritance spilt? Is there a way its spilt between the marriages or is it that all 9 children spilt it equally?
S Ahmed wrote on April 8 2013,
my father has 3 children (2 daughters 1 son) from the first marriage, which ended in divorce, he married again and has 6 children (5 daughters 1 son). how is the inheritance split? Is there a way its split between the marriages or is it that all 9 children split it equally?
RESPONSE:
All your Fathers legally married wives and children from all his marriages will inherit from him based on the Islamic Shariah Law of Inheritance as follows:- [assuming your fathers parents are not alive agt the time of your fathers demise]
WIFE = 1/8 (all legal wives will share this equally between themselves)
CHILDREN (from ALL marriages): SON will get twice the share of the DAUGHTER from the remaining 7/8
2 SONS = 2/3 of 7/8 = 7/12 (each son will get 7/24)
7 DAUGHTERS = 1/3 of 7/8 = 7/24 (each daughter will get 7/120)
Total = 1/8 + 7/12 + 7/24 = 24/24 = 1 (WHOLE)
Allah Knows Best!
A.A
mother gets 1/8 i agree
there are 2 sons and seven daughters
hence 11 parts
each son gets 2/11 and daughters get 1/11 each of 7/8
total is sons 2/11 + 2/11 = 4/11 of 7/8
daughter gets 1/11 hence 7 daughters is 7/11 of 7/8 balance
common denominator is 88
therefore wife gets 11/88
1st son gets 2/11 of 7/8 = 14/88
2nd son gets the same = 14/88
both brothers their share is 28/88
each daughter gets 1/11 of 7/8 = 7/88
since 7 daughters their share is 49/88
add them all up
wife 11/88 = 1/8 as originally said
brothers 28/88 ( each bro gets 14/88)
sisters 49/88 ( each sister gets 7/88)
total is 11 + 28 + 49 = 88
brother fazli Sameer why do you say that the 2 sons =2/3??? as per this you have given the 7 daugters only 1/3 to divide equally among them?? that isnt islamic sharia. the male gets twice the share of the female. if there are 7 daughters and two males then the total shares is 7 of daughters plus 4 for the males.
each brother gets 2/11
and sister gets 1/11
hence the brother(male) has twice the portion as the female 1/11
brother 2 gets 16/88
each sister gets 8/88
S Ahmed wrote on May 4 2013
A.A
mother gets 1/8 i agree
there are 2 sons and seven daughters
hence 11 parts
each son gets 2/11 and daughters get 1/11 each of 7/8
total is sons 2/11 + 2/11 = 4/11 of 7/8
daughter gets 1/11 hence 7 daughters is 7/11 of 7/8 balance
common denominator is 88
therefore wife gets 11/88
1st son gets 2/11 of 7/8 = 14/88
2nd son gets the same = 14/88
both brothers their share is 28/88
each daughter gets 1/11 of 7/8 = 7/88
since 7 daughters their share is 49/88
add them all up
wife 11/88 = 1/8 as originally said
brothers 28/88 ( each bro gets 14/88)
sisters 49/88 ( each sister gets 7/88)
total is 11 + 28 + 49 = 88
brother fazli Sameer why do you say that the 2 sons =2/3??? as per this you have given the 7 daugters only 1/3 to divide equally among them?? that isnt islamic sharia. the male gets twice the share of the female. if there are 7 daughters and two males then the total shares is 7 of daughters plus 4 for the males.
each brother gets 2/11
and sister gets 1/11
hence the brother(male) has twice the portion as the female 1/11
RESPONSE:
Brother Ahmed you are perfectly correct.
It was my mistake in using 2/3 and 1/3 of the remaining 7/8 in calculating the shares of the sons and daughters. The correct proportions for the SONS and DAUGHTERS, as you have rightly pointed out, should be 4/11 (each son getting 2/11) and 7/11 (each daugher getting 1/11).
regret the computational error and May Allah Reward you for your insight
Allah Knows Best!
Correct, my calculation has an error in diciding the brothers and sisters inheritance shares.
The corrected distribution should be as follows:-
WIFE = 11/88 = 1/8
SON 1 = 14/88 = 7/44
SON 2 = 14/88 = 7/44
DAUGHTER's = 49/88 where each daughter gets 7/88
Allah Knows Best!
AbuBakr wrote on April 1 2013
Assalaamu'alykum waragmatullahi
I have a friend (male) who has a wife and 4 daughters. He has a father and 2 brothers and 1 sister.
He has no sons.
How would his estate be divided if he should pass away ?
RESPONSE:
WIFE = 1/8 share
FATHER = 1/6 share
4 DAUGHTERS = 2/3 share (each daughter will get 1/6 share)
2 BROTHERS = 1/30 (each brother gets 1/60)
1 SISTER = 1/120
Total = 1/8 + 1/6 + 2/3 + 1/60 + 1/60 + 1/120 = 1 (WHOLE)
Allah Knows Best!
Assalaamu'alykum waragmatullahi
I have a friend (male) who has a wife and 4 daughters. He has a father and 2 brothers and 1 sister.
He has no sons.
How would his estate be divided if he should pass away ?
Assalam-o-Aliqum,
Dear sir i just want to know the method, i mean the Ratio of divide the Mother and father property between Son's and Daughter's according to the Sharia law.
My father has died but Alhamdulillah my mother is Alive. So tell me in detail that how to divide the property between family…
We are 3 Brothers including me and 4 Sisters.
Let me descirbe the detail value of father and mother property one by one.
Father property:
1: One shop the vlaue of the shop is 37 Lac
2: One shop the value of shop is 45 Lac
3: One house the vlaue of hous is 90 Lac
4: one shop the value of shop is 19 Lac
Total value of father property is : 37+45+90+19 = ( 191 LAC) Approximately : 19 Million
Mother Property:
1: One shop the vlaue of the shop is 250 Lac (25 Million Rupees)
So please tell me in detail that how can we divide the property between Brothers and sisters according to the Islamic Sharia law
Thanks,
Mohammad Kamran Rafique
kamran673@hotmail.com
Mohammad Kamran Rafique, wrote on Mar 31 2013,
Assalam-o-Aliqum,
Dear sir i just want to know the method, i mean the Ratio of divide the Mother and father property between Son's and Daughter's according to the Sharia law.
My father has died but Alhamdulillah my mother is Alive. So tell me in detail that how to divide the property between family…
We are 3 Brothers including me and 4 Sisters.
Let me describe the detail value of father and mother property one by one.
Father property:
1: One shop the vlaue of the shop is 37 Lac
2: One shop the value of shop is 45 Lac
3: One house the vlaue of house is 90 Lac
4: one shop the value of shop is 19 Lac
Total value of father property is : 37+45+90+19 = ( 191 LAC) Approximately : 19 Million
Mother Property:
1: One shop the vlaue of the shop is 250 Lac (25 Million Rupees)
So please tell me in detail that how can we divide the property between Brothers and sisters according to the Islamic Sharia law
Thanks,
Mohammad Kamran Rafique
kamran673@hotmail.com
RESPONSE:
First, you have to understand that the Law of Islamic Inheritance is ONLY applicable once a member of a family has died and you cannot impose it on the wealth, property, and estate of those who are still alive.
So,lets take the question one by one as follows:
Since your FATHER has already passed away, his estate, wealth, property and assets will all come under the Shariah Islamic Law of Inheritance (Mawarith) for distribution to his VALID family members as prescribed by Allah in the Qur'an and explained in the Hadeeth by many scholars.
Assuming that your Father's Parents were already deceased before your Father passed away, HIS inheritance (total value of 19 million as stated) should be distributed as follows:-
WIFE (your MOTHER) = 1/8 = 2.375 million
[Balance = 7/8, 16.625 million]
3 SON's = 6/10 (or 3/5) of the balance (7/8), where each SON will receive 2/10 (or 1/5), which amounts to 1/5 X 16.625 = 3.325 million each
4 DAUGHTER's = 4/10 (or 2/5) of the balance (7/8), where each DAUGHTER will receive 1/10, which amounts to 1/10 X 16.625 = 1.6625 million each
Total = 2.375 + 3 X 3.325 + 4 X 1.6625 = 19 million
Since your MOTHER is still alive the question of inheritance is still not valid since we do not know who will be the first to die among the rest of the family and Islamic Inheritance is totally based on the heirs of a DECEASED only and NOT the living.
However, for understanding the theoretical division, in the event your MOTHER will pass away before all of the children (may Allah Give her long and healthy life, Aameen!) then the distribution of her wealth (25 million) will be as follows:-
SON's = 6/10 (3/5), where each son receives 1/5 = 5 million
DAUGHTERS = 4/10, where each daughter receives 1/10 = 2.5 million
Total = 3 X 5 + 4 X 2.5 = 25 million
You can see from the above that the male child always receives twice the amount of the female child as prescribed by Allah, The All Knowing.
Allah Knows Best!
Assalaamu'alykum
My wife's sister needs assistance with the following problem urgently.
Her husband's brothers ( 2 of them) have told her that because she only has daughters and no sons, that in the event of her husband's death, she and her daughters will have no say over her husband's assets (house, business, money). They will divide it amongst themselves and leave a small portion for her and her daughters. They claim that this is according to Shariah because their will be no sons to inherit…..please reply
AbuBakr wrote on April 2 2013,
Assalaamu'alykum
My wife's sister needs assistance with the following problem urgently.
Her husband's brothers (2 of them) have told her that because she only has daughters and no sons, that in the event of her husband's death, she and her daughters will have no say over her husband's assets (house, business, money). They will divide it amongst themselves and leave a small portion for her and her daughters. They claim that this is according to Shariah because their will be no sons to inherit…..please reply
RESPONSE:
This is completely WRONG, Audhubillah!
In your sister in laws case, if her husband passes away, his property/wealth/monies will be distributed as follows:- [assuming that his parents are not alive at the time of his death]
WIFE: = 1/8 of the total value of the whole estate/property/wealthof HUSBAND
DAUGHTERS (if only 1) = 1/2
DAUGHTERS (if 2 or more) = 2/3 to be equally shared between them
The BALANCE after the WIFE and DAUGHTER(s) shares have been distributed will be divided between HIS brothers and sisters where the male will get TWICE the share of the female.
Allah is MOST MERCIFUL and He does not deprive the immediate family of a deceased fropm enjoying the inheritance that the person leaves behind.
Allah Knows Best!
Siahus wrote on Mar 26 2013
Salam
A man has proposed marriage to me. He is 12 years older and has 2 sons; I am single with no kids and we both work but his income is much higher and his assets are significantly larger than mine. His wife died last year and she left her assets which included an apartment the husband had bought in her name and all her jewelry as well as all she had inherited from her father to her 2 sons and husband per Islamic shares. The older son (28 years adult) is a banker and earns a very handsome salary as does his wife. The father paid off all his educational loans and gave him a lavish wedding. The younger son (19 years adult) also inherited mother's life insurance, as he just started college but has taken a year off "to enjoy life and decide if he wants to get a degree or not" and is staying at dad's home and not doing any work as well. The man says to me that he thinks he will give me 25% of his pre-marriage assets IF his sons agree. He says of the assets he makes after marriage he wants to give me only 25% and the rest to his kids, who already have much more than me and still are young enough to make more than me (I am 46) with time. I understand that woman's share if she does not have kids is only 25% but that is because Islam wants the sons to take care of the woman/the woman remarry, which will most likely not happen if this man and I marry and say he dies before me when I am 60 years old – no one will marry me nor will I want to remarry at that age. So is there any provision in Islam that the guy make sure that I am protected by more than the shariah share while he is still alive and that his sons have no say in how he wants to take care of me as his wife. He knows his kids will not take care of him and he will end up in a nursing home, so why would they care for a step mother. But he feels the need to protect them more than he feels the need to leave me with protection if he dies before me. Also, he says that the portion I inherit from him, should go back to his sons after my death rather than to charity or to my sister who is my legal heir, because he says that is money he earned.
RESPONSE:
Under Islamic Shariah Law of Inheritance it is only the rightful heirs who will inherit the shares of their family members after the death of any one of them. What is decided to be paid or gifted, before ones death, to the members of a persons family is entirely the choice of the individual and has NO limits or restrictions imposed on them.
Hence if you do marry this man and he dies before you, you will only inherit 1/4 (if you both do not have children of your own) and 1/8 (if you both have children of your own). His (your husbands) sons will inherit the remainder.
Again, what your intended husband chooses to give you as a pre marital payment is entirely up to him to choose by way of amount or percentage and there is NO stipulated amount that Islamic Shariah Law imposes. Its a matter of offer by him and an acceptance by you, totally by your own free will and choice. Both of you have every right to make that choice depending on your needs and desires.
If, as you say, your husband needs to ensure that you will be financially secure in the event of his death before you, then it is his own right and decision to pay you whatever he feels is necessary before he dies if he wants you to get more than your stipulated Islamic Shariah Share of 1/4 or 1/8 as the case may be.
You will NOT inherit the property/estate from any of his sons from his previous marriage.
The DECISION is entirely in his and your hands.
Allah Knows Best!
Assalamu alaikkum,
My Great Grand father had a property, which we are planning to partition. My Great G/Father had 1 son (my grand father) and 2 daughters. When he died all 3 were alive. My grand father had 2 sons and 2 daughters. One of the son (my father) died before my grand father. I have a sister. My grand father died recently and one of her sister died recently after my grand father. My Grand father's sisters have sons and daughters. Now we are planning for partion my Great Grand father's property. My grand father has written a will that I have to pay money equivalent to 17% of this property to my aunts so that 50% of this property must be given to me during partition Please explain me do I entitiled for any share? If yes how much?.
Also my grand father has his own property and we are planning to partition them too. He has not written any will for this property. Please explain me do I entitiled for any share? If yes how much?.
Misahk asked on Mar 26 2013,
Assalamu alaikkum,
My Great Grand father had a property, which we are planning to partition. My Great G/Father had 1 son (my grand father) and 2 daughters. When he died all 3 were alive. My grand father had 2 sons and 2 daughters. One of the son (my father) died before my grand father. I have a sister. My grand father died recently and one of her sister died recently after my grand father. My Grand father's sisters have sons and daughters. Now we are planning for partition my Great Grand father's property. My grand father has written a will that I have to pay money equivalent to 17% of this property to my aunts so that 50% of this property must be given to me during partition Please explain me do I entitiled for any share? If yes how much?.
Also my grand father has his own property and we are planning to partition them too. He has not written any will for this property. Please explain me do I entitled for any share? If yes how much?.
RESPONSE:
First, we have to look at the inheritance of the heirs of your Great Grand Father after his death. Since he had ONE SON (your Grand Father) and TWO DAUGHTERS, then, assuming that your Great Grand Mother was NOT alive at the time of his death the inheritance of your Great Grand Father should be divided as follows:-
SON (Your Grand Father) = 1/2
DAUGHTER 1 (Your Grand Aunt) = 1/4
DAUGHTER 2 (Your Grand Aunt) = 1/4
Now, your GRAND FATHER had TWO SONS and TWO DAUGHTERS of which one of the sons is your FATHER who passed away before him.
Hence his inheritance would be divided as follows, assuming your GRAND MOTHER was not alive at the time of your Grand Father's death:-
SON 1 (Your Father) = NIL (the fact there is another male heir, your paternal uncle deprives your father and his children from any inheritance from your Grand Father)
SON 2 (Your Paternal Uncle) = 1/2
DAUGHTER 1 (your paternal Aunt) = 1/4
DAUGHTER 2 (your paternal Aunt) = 1/4
Basically the above are the valid shares of inheritance laid down by Islamic Shariah Law. Executing a WILL written by your Great Grand Father and/or your Grand Father is something that is not acceptable by Islamic Shariah Law UNLESS the beneficiaries are NON heirs and who can only inherit a maximum of 1/3 share of the estate. All other wills are null and void from an Islamic perspective while they may be valid by the local laws that prevail in the country you may reside in.
Thus, it will be seen that YOU will NOT inherit anything at all from your Great Grand Father or your Grand Father.
Allah Knows Best!
Assalamu alaikkum,
Thanks for your reply. I have a small clarification on your reply. As you said as per by Islamic Shariah Law a WILL's beneficiaries should be NON heirs. As per my case since I do not inherit anything from my Grand father, will I be considered as NON heir and can be considred as beneficiary of the WILL? Please clarify?
Misahk responded on Mar 28 2013
Assalamu alaikkum,
Thanks for your reply. I have a small clarification on your reply. As you said as per by Islamic Shariah Law a WILL's beneficiaries should be NON heirs. As per my case since I do not inherit anything from my Grand father, will I be considered as NON heir and can be considered as beneficiary of the WILL? Please clarify?
RESPONSE:
YES, Indeed, you are fully ENTITLED to inherit if there is a WILL left behind, and the maximum you can inherit by such a will is 1/3 of the total estate of the deceased only.
Allah Knows Best!
Salam
A man has proposed marriage to me. He is 12 years older and has 2 sons; I am single with no kids and we both work but his income is much higher and his assets are significantly larger than mine. His wife died last year and she left her assets which included an apartment the husband had bought in her name and all her jewellery as well as all she had inherited from her father to her 2 sons and husband per Islamic shares. The older son (28 years adult) is a banker and earns a very handsome salary as does his wife. The father paid off all his educational loans and gave him a lavish wedding. The younger son (19 years adult) also inherited mother's life insurance, as he just started college but has taken a year off "to enjoy life and decide if he wants to get a degree or not" and is staying at dad's home and not doing any work as well. The man says to me that he thinks he will give me 25% of his pre-marriage assets IF his sons agree. He says of the assets he makes after marriage he wants to give me only 25% and the rest to his kids, who already have much more than me and still are young enough to make more than me (I am 46) with time. I understand that woman's share if she does not have kids is only 25% but that is because Islam wants the sons to take care of the woman/the woman remarry, which will most likely not happen if this man and I marry and say he dies before me when I am 60 years old – no one will marry me nor will I want to remarry at that age. So is there any provision in Islam that the guy make sure that I am protected by more than the shariah share while he is still alive and that his sons have no say in how he wants to take care of me as his wife. He knows his kids will not take care of him and he will end up in a nursing home, so why would they care for a step mother. But he feels the need to protect them more than he feels the need to leave me with protection if he dies before me. Also, he says that the portion I inherit from him, should go back to his sons after my death rather than to charity or to my sister who is my legal heir, because he says that is money he earned.
Ali Khan wrote on Mar 21 2013
hi asalam
i want to ask abt the percentage of all family according to laws
my father in law has property now he is past away 4 year ago so he has 1 son an 3 daughters just wanna know the percentage of all his son and daughters percentage (for ex if 1 lac is property cost)
so how much will be sons percentage and all 3 daughters percentage to be distribute
thank u so much if u reply for my dis dought
regards ali khan
RESPONSE:
Assuming that your Mother in Law was NOT alive at the time of your Father in Laws death, the inheritance shares will be as follows:-
SON 1 = 2/5 (40%)
3 DAUGHTERS = 3/5 (each daughter gets 1/5 – 20%)
Total = 2/5 + 3/5 = 5/5 = 1 (WHOLE)
If the value of the property/estate is 100,000 then the division will be as follows:-
SON = 40,000
DAUGHTER 1 = 20,000
DAUGHTER 2 = 20,000
DAUGHTER 3 = 20,000
Total = 100,000
Allah Knows Best!
here is the Urdu response to Nurul Hassan Khan's question:-
Here it is -
Sab say phelay, Islami Wirasat kay kanoon kay tehad yeh janna bhut zarrori hai kay logon ki wafat kis tarteeb say hui hai. Kyun kay jo log wafat say phelay zinda they un main say koi bhi fard phelay insaan ka waris hosakta tha. Chu kay aap ek mard hain is liye mere khayal main aap in kay ek bhai hogay. Kyun kay is khandaan main ek maa, baap aur unkay do betay aur do betiyan hai? Iskay illawa, mujhe yeh bhi lagta hai kay aap kay ghar kay baray buzurk (maan or baap kee taraf say) aap ki ami aur abu ki wafat say phelay hi guzar chukay hain?
Agar farz karain kay inki wafat is tarteeb say hui:
1. Sab say phelay aap kay walid.
2. Phir aap ki ami.
3. Aur aakhir main aap kay baray bhai.
Ab hum jaidaad bantay kay tarikay ka jaiza letay hain:
1. Sab say phelay aap kay marhoom walid
In ki tamam jaaidad, paisay aur zameen is tarah baati jani chayeh:
Aap ki walda ka hissa = 1/8 (6/48)
Baki bacha huwa = 7/8
Jis main say:
Baray bhai ka hissa = 1/3 of 7/8 = 7/24 (14/48)
Ap ka hissa = 1/3 of 7/8 = 7/24 (14/48)
Aap ki pheli behan ka hissa = 1/6 of 7/8 = 7/48
Aur aap ki doosri behan ka hissa = 1/6 of 7/8 = 7/48
Qul Jaidad = 6/48 + 14/48 + 14/48 + 7/48 + 7/48 = 48/48 = 1 (Naqad)
2. Ab aap ki marhoom walda:
In ki tamam jaaidad, paisay aur zameen is tarah baati jani chayeh:
Baray bhai ka hissa = 1/3 (2/6)
Ap ka hissa = 1/3 (2/6)
Aap ki pheli behan ka hissa = 1/6
Aur aap ki doosri behan ka hissa = 1/6
Qul Jaidad = 2/6 + 2/6 + 1/6 + 1/6 = 6/6 = 1 (Naqad)
3. Akhir main aap kay marhoom bhai
In ki tamam jaaidad, paisay aur zameen is tarah baati jani chayeh:
Aap kay baray bhai ki biwi = 1/8 (3/24)
Baquia hasay = 7/8
Aap kay baray bhai kay beta = 2/3 of 7/8 = 14/24
Aap kay baray bhai ki beti = 1/3 of 7/8 = 7/24
Qul Jaidad = 3/24 + 14/24 + 7/24 = 24/24 = 1 (Naqad)
Alllah behtar janta hai!
Yaad rakhain kay agar amwat ki tarteeb phelay baap, phir maa aur phir bara bhai nahi hai tou khandaan main jaidaad kay batwaray kar tariqah alag hoga. Islami Kanoon kay tehad amwat ki tarteeb janna bhut zaroori hai.
Farooq Afzal wrote on Feb 28 2013 as follows. Sorry I missed the question at that time but am responding now.
My Uncle died few years ago leaving behind property and other assets. He was unmarried. His 5 brothers and two sisters had also died earlier. His parents had also died. He has number of nephews and neices from brothers and sisters. As per shariah law who will be the legal heirs and how the assets can be distributed. Please advise.
RESPONSE:
I assume he is your PATERNAL Uncle (Fathers brother?)
According to the Islamic Law of Inheritance it is the closest MALE heirs who will inherit from your UNCLES property and wealth since none of his immediate heirs are available.
In this particular case since all his brothers have pre deceased him the children of these BROTHERS are the ones who will inherit from what he has left behind.
The MALE will take twice as much as the FEMALE
Allah Knows Best!
Nurul Hassan Khan wrote on Mar 20 2013:
salam,
meri umar 40 saal hai mere 2 bachche hai. mere valid,valida aur bade bhai ka accident me intekal ho gaya . ab meri do saadisuda bahene aur bhabhi jinke 1 ladka aur 1 ladki hai . hum sharia ke hisab se valid aur valida ke jayjat ka batwara karna chahte hai . aap se gujarish hai ki valid aur valida ke jayjat me alag alag kiska kitna % hissa hota hai bataya ? sukriya
RESPONSE:
I am sorry I have to respond in English even though I was able to get your question explained to me by an Urdu speaking person who I know in Riyadh. I will try to get the response translated into Urdu if possible and post it here whenever available.
At first you have to examine the order of the death of the three deceased persons which is extremely important in the Islamic Law of Inheritance since ALL those living at the time of the death of one may be entitled to a part of the inheritance of the deceased. I also assume that you are a MALE and hence are one of the BROTHERS in this family of FATHER, MOTHER, 2 SONS and 2 DAUGHTERS? Further, I also assume that both sets of your Grand Parents are not living at the time of death of your FATHER and MOTHER?
If I am to assume that the three deceased passed away in this order,
1. FATHER first
2. MOTHER next
3. ELDER BROTHER last
then we have to look at the inheritance distribution in the following order:-
1. FATHER DECEASED first
Inheritance Share Distribution of FATHERS wealth, property, estate will be,
MOTHER = 1/8 (6/48)
Remainder = 7/8
ELDER BROTHER = 1/3 of 7/8 = 7/24 (14/48)
YOU (Next brother) = 1/3 of 7/8 = 7/24 (14/48)
SISTER 1 = 1/6 of 7/8 = 7/48
SISTER 2 = 1/6 of 7/8 = 7/48
Total = 6/48 + 14/48 + 14/48 + 7/48 + 7/48 = 48/48 = 1 (WHOLE)
2. MOTHER DECEASED next
Inheritance of MOTHER's wealth, property, estate will be,
ELDER BROTHER = 1/3 (2/6)
YOU (Next Brother) = 1/3 (2/6)
SISTER 1 = 1/6
SISTER 2 = 1/6
Total = 2/6 + 2/6 + 1/6 + 1/6 = 6/6 = 1 (WHOLE)
3. ELDER BROTHER DECEASED last
Inheritance of ELDER BROTHER's wealth, property, estate will be
ELDER BROTHER's WIFE = 1/8 (3/24)
Balance = 7/8
ELDER BROTHERS's SON = 2/3 of 7/8 = 14/24
ELDER BROTHER's DAUGHTER = 1/3 of 7/8 = 7/24
Total = 3/24 + 14/24 + 7/24 = 24/24 = 1 (WHOLE)
Allah Knows Best!
hi asalam
i want to ask abt the percentage of all family according to laws
my father in law has property now he is past away 4 year ago so he has 1 son an 3 daughters just wanna know the percentage of all his son and daughters percentage ((for ex if 1 lac is property cost
so how much will be sons percentage and all 3 daughters percentage to be distribute
thank u so much if u reply for my dis dought
regards ali khan
salam,
meri umar 40 saal hai mere 2 bachche hai. mere valid,valida aur bade bhai ka accident me intekal ho gaya . ab meri do saadisuda bahene aur bhabhi jinke 1 ladka aur 1 ladki hai . hum sharia ke hisab se valid aur valida ke jayjat ka batwara karna chahte hai . aap se gujarish hai ki valid aur valida ke jayjat me alag alag kiska kitna % hissa hota hai bataya ? sukriya
Asak
my father died recently without a will,he left behind 14 acress of agriculture land and a house,we are 2 brothers and 6 sisters,i started supporting my father financially at age of 16,till my fathers retierment only mine and my elder sister marriage took place ,i alone took care of entire family including the marriage of my 5 sisters and my younger brother ,there education and all the other needs,After the marriage of my younger brother he took his family away ,his contribution towards family can be consider as nill,
Now My sons and daughters feel i spend all my earnings on my brother and sisters and I did not made any property for them,can u please advice how property can be divided ,while deciding the share is my contribution towards family is considered
Allah hafiz
Rehaman wrote on Mar 17, 2013,
Asak
my father died recently without a will, he left behind 14 acres of agriculture land and a house, we are 2 brothers and 6 sisters, i started supporting my father financially at age of 16, till my fathers retirement only mine and my elder sister marriage took place, i alone took care of entire family including the marriage of my 5 sisters and my younger brother, their education and all the other needs, After the marriage of my younger brother he took his family away ,his contribution towards family can be consider as nil,
Now My sons and daughters feel i spend all my earnings on my brother and sisters and I did not made any property for them, can u please advice how property can be divided, while deciding the share is my contribution towards family is considered
Allah hafiz
RESPONSE:
Basically, the Islamic Law of Inheritance defined by Allah and explained by His Messenger is very clear in terms of the division among the rightful heirs. It does not consider what happened before the individual died, how he lived, who supported him, and whether he is obliged to anyone, unless it is a valid LOAN or BORROWING that he or she contracted that needs to be REPAID from his wealth, property and possessions before his inheritance is distributed.
Thus, you have NO claim to whatever you may have spent on your Father, UNLESS ALL of your siblings (brothers and sisters) agree on a pre defined sum that you are entitled to based on their knowledge and understanding of what you spent during your Father's lifetime.
If this is NOT forthcoming from ALL of them then you dont have any rights to anything more than your rightful share from your Father's estate, property and wealth. If any of your siblings choose to give you a part of their inheritance in lieue of what they believe you have already spent for your Father, then it is their personal choice which they may do privately with you and no one even needs to know about it.
Hence the estate, property and wealth of your Father will be divided between all of you siblings, his children (assuming that your Mother is not alive at the time of his death), as follows:-
2 SONS = 4/10 (each son will get 2/10 or 1/5)
6 DAUGHTERS = 6/10 (each daughter will get 1/10)
TOTAL = 4/10 + 6/10 = 10/10 = 1 (ALL)
Allah Knows Best!
Hussain wrote on Mar 13 2013:
As-Salaam Alaikum. Can you please explain to me the distribution of property in the following case:
Distribution of property for a man who had two wives, the first wife had only one daughter and the second wive had 5 sons and two daughters. Also, the share of their sons and daughters if you can, JazakhAllah..
RESPONSE:
Assuming that the deceased's parents were not living at the time of his death, the distribution of his inheritance will be as follows:-
WIFE 1 = 1/16
WIFE 2 = 1/16
Total, after WIVES share is distributed = 1/8, BALANCE remaining = 7/8
ALL 5 SONS = 10/13 of 7/8 = 35/52 (each SON will receive 7/52)
ALL 3 DAUGHTERS = 3/13 of 7/8 = 21/104 (each DAUGHTER will receive 7/104)
Hence
TOTAL = 1/16 + 1/16 + 7/52 + 7/52 + 7/52 + 7/52 + 7/52 + 7/104 + 7/104 + 7/104
= ( 13/208 + 13/208 + 28/208 + 28/208 +28/208 + 28/208 + 28/208 + 14/208 + 14/208 + 14/208 )
= 208/208 = 1 (the WHOLE)
Allah Knows Best!
As-salaam alaikum. Can you please explain to me the distribution of property in the following case:
Distribution of property for a man who had two wives, the first wife had only one daughter and the second wive had 5 sons and two daughters. Also, the share of their sons and daughters if you can, JazakhAllah..
Farooq wrote on Mar 12 2013:
How is the property divided for the below condition
My grandfather died leaving behind 3 sons and 2 daughter. The property is not shared for 25 years. Now it has to be divided. The following is the list of direct descendents
1. Eldest son and his wife expired leaving behind 1 son and 4 daughters. (But they were alive when grand father died)
2. Second son expired leaving behind his wife and 2 daughters (Same as above, the second son was alive when my grandfather died).
3. Third son is alive with his wife and three children
4. Both the daughters are alive.
Please let me know the share each one would be entitled to get.
RESPONSE:
Assuming that your Grandfather's wife (your Grandmother) was not alive at the time of your Grandfather's death, and also that his parents were also not alive, the distribution of the estate, property, & wealth of your grandfather has to be done, based on the exact situation at the time of his death, even though many of the inheritors have also passed away after him, as follows:-
Since the only valid inheritors at the time of your Grandfather's death were his 3 sons and 2 daughters they will receive his inheritance as follows:-
SON 1 (deceased): 1/4
SON 2 (deceased): 1/4
SON 3 (alive): 1/4
DAUGHTER 1 (alive): 1/8
DAUGHTER 2 (alive): 1/8
Making up a Total of 1/4 + 1/4 + 1/4 + 1/8 + 1/8 = 1 (the WHOLE)
Now, on the death of the first SON (assuming he died before his other siblings), then the Son's wife and children will inherit from his (SON 1's) share (1/4 above) as follows:-
SON1:
SON 1's WIFE = 1/8 of the 1/4 (share inherited from his deceased Father) if the wife was living at the time of his death, if not then all the inheritance goes to his children
SON 1's SON = 1/3 of the 1/4
4 DAUGHTER's = 2/3 (equally shared between them) of the 1/4 – each daughter will get 1/6 of the 1/4
SON2: (assuming he died after SON 1)
SON 2's WIFE = 1/8 of the 1/4 (share inherited from his deceased Father) – if the wife was living at the time of his death. If not then all the inheritance goes to the children
2 DAUGHTERS = 2/3 of the 1/4
Total = 1/8 + 2/3 = 19/24
The Balance 5/24 will be inherited by the remaining BROTHER (SON3) and two SISTERs (DAUGHTER 1 & DAUGHTER2, above) in the ratio of 1:2 for the male to the female.
ie:
LAST LIVING BROTHER (SON3) = 1/2 of 5/24 = 5/48 of the 1/4 share inherited from their FATHER (your Grandfather)
LIVING SISTER 1 (DAUGHTER 1) = 1/4 of 5/24 = 5/96 of the 1/4
LIVING SISTER 2 (DAUGHTER 2) = 1/4 of 5/24 = 5/96 of the 1/4
Whoever who is assigned the distribution of the property and wealth of your Grandfather MUST take the above facts into account and see that ALL of the rightful heirs and their descendants (who are alive now) receive their proper shares according Islamic Shariah Law in keeping with the Commandment of Allah.
Allah Knows Best!
How is the property divided for the below condition
My grandfather died leaving behind 3 sons and 2 daughter. The property is not shared for 25 years. Now it has to be divided. The following is the list of direct decendents
1. Eldest son and his wife expired leaving behind 1 son and 4 daughters. (But they were alive when grand father died)
2. Second son expired leaving behind his wife and 2 daughters (Same as above, the second son was alive when my grandfather died).
3. Third son is alive with his wife and three children
4. Both the daughters are alive.
Please let me know the share each one would be entitled to get.
Khan wrote on Mar 8 2013:
Salam.
My father passed away in 26 year ago. My father first marriage ended in talak in 1969. He had no kids with his first wife. As per my understanding he had paid the Mehar to his first wife when talak took place.
Question: does his first wife (divorced) any claim in his wirasat?
In 1970 my father married my mom and I am their only son. This was my mom second marriage too. My mom has 2 kids from her first marriage, 1 son and 1 daughter. All 3 kids were bought up together in a very polite way and only very close relatives knew that we are step brother and sisters.
So I have now used the Wirasat online calculator and I am rather surprised that step brother and sister (same mother, different father) have no share in Wirasat? Is this true?
Please explain.
Allah Hafiz
I Khan
Below is the details based on 100000 Rs Wirasat, 10000 Rs debt and 1000 Rs funeral exp.
My Dad - Mr Khan ——- Wirasat Calculation.
Gross estate – 1 lakh (100000 Rs)
debt 10000
funeral exp – 1000
Therefore Net Estate – 89000
RESPONSE:
According to the information you have provided as seen in the results shown from the WIRASATH software the remaining heirs of your deceased FATHER are as follows:-
SHARE CLAIMANTS:
Wives = 1
Sons = 1
Mother = 1
Brothers (Full) = 2
Sisters (Full) = 1
Islamic Shariah Law implies the following distribution:-
MOTHER = 1/6 = 4/24
WIFE = 1/8 = 3/24
SON = 17/24
Total = 4/24 + 3/24 + 17/24 = 24/24
Your father's FIRST wife DOES NOT inherit anything since she is divorced.
Your Mothers children from her FIRST marriage DO NOT inherit from YOUR Father
Your Fathers Brothers and Sistsre DO NOT inherit anything since you (MALE, SON) is present.
There is NO case for AUL or RADD in this case as the SON (you) will take the FULL BALANCE after your Mother (1/8) and Grandmother (1/6) have taken their shares.
Allah Knows Best!
I have a client who is not a muslim. She has a niece who has converted to the Islamic faith and married a man from Lebanon.
The niece is saying that she now cannot inherit from her aunt. Is this correct?
Regards,
Michael
Michael wrote:
I have a client who is not a muslim. She has a niece who has converted to the Islamic faith and married a man from Lebanon.
The niece is saying that she now cannot inherit from her aunt. Is this correct?
Regards,
Michael
RESPONSE:
Thats INCORRECT
The Muslim NIECE can inherit from her Non Muslim Aunt
The Non Muslim Aunt cannot inherit from her Muslim Niece
Thats the law
Allah Knows Best!
Salam.
My father passed away in 26 year ago. My father first marriage ended in talak in 1969. He had no kids with his first wife. As per my understanding he had paid the Mehar to his first wife when talak took place.
Question: does his first wife (divorced) any claim in his wirasat?
In 1970 my father married my mom and I am their only son. This was my mom second marriage too. My mom has 2 kids from her first marriage, 1 son and 1 daughter. All 3 kids were bought up together in a very polite way and only very close relatives knew that we are step brother and sisters.
So I have now used the Wirasat online calculator and I am rather surprised that step brother and sister (same mother, different father) have no share in Wirasat? Is this true?
Please explain.
Allah Hafiz
I Khan
Below is the details based on 100000 Rs Wirasat, 10000 Rs debt and 1000 Rs funeral exp.
My Dad - Mr Khan ——- Wirasat Calculation.
Gross estate – 1 lakh (100000 Rs)
debt 10000
funeral exp – 1000
Therefore Net Estate – 89000
HERE IS THE COMPLETE RESULT OBTAINED FROM THE WIRASAT . THE COMPLETE RESULTS ARE IN THREE STEPS AND MUST BE SEEN IN TOTALITY.
STEP – 1 (INPUTS & INDIVIDUAL REPORTS):
DISTRIBUTION OF PROPERTY LEFT BY DECEASED Mr Khan
INPUTS:
Gross Estate = 100000
Funeral exp. = 1000
Debts = 10000
Will(s) = 0
Net Estate = 89000
SHARE CLAIMANTS:
Wives = 1
Sons = 1
Mother = 1
Brothers (Full) = 2
Sisters (Full) = 1
DISTRIBUTION FOLLOWS LIKE THIS:
(4). FULL SISTER'S SHARE
In the case under examination, the deceased has left the following:
Son = 1
Son's Son = 0
Son's Son's Son = 0
Father = 0
Father's Father = 0
Father's Father's Father = 0
In presence of ANY one of above the FULL Sister can not succeed.
So, the share of Full Sister in the net estate wealth will be Zero.
NIL
(3). FULL BROTHER'S SHARE
In the case under examination, the deceased has left the following:
Son = 1
Son's Son = 0
Son's Son's Son = 0
Father = 0
Father's Father = 0
Father's Father's Father = 0
In presence of ANY one of above the FULL Brother can not succeed.
So, the share of Full Brother in the net estate wealth will be Zero.
NIL (0/1)
(2). MOTHER'S SHARE
In the case under examination, the following legal heirs are alive:
Sons = 1
Grand Sons = 0
Great grand Sons = 0
Daughters = 0
Grand Daughters = 0
Great grand Daughters = 0
Brothers = 2
Sisters = 1
In presence of any of the descendant heirs or in presence of two or more brothers or sisters or both (brother plus sister of any type i.e. Full, Consanguine or Uterine) the share of mother in the net estate wealth will be only one sixth (1/6) i.e.
14833 (1/6)
(1). WIFE'S SHARE
In the case under examination, since the deceased has left sons/ daughters, the share of wife/ wives will be one eighth (1/8) of the net estate wealth i.e.
11125
SUMMARIZED SHARES:
Wives = 1 (11125)- Sharer (1/8)
Sons = 1 (0)- Resid (Asaba')
Mother = 1 (14833)- Sharer (1/6)
Brothers (Full) = 2 (0)- Sharer (0/1)
Sisters (Full) = 1 (0)- Sharer (0/1)
NOTE:- ONLY ENTITLED RESIDUARIES [ASABA'T] WILL SHARE THE RESIDUE IF ANY.
TOTAL SHARED = 25958
RESIDUE = 63042
STEP – 2 (RESIDUARIES [ASABA'T]):
The numbers shown within first brackets are the number of such Quranic Heirs left ALIVE by the deceased Naqi. The value inside the second bracket indicates the per unit value of share. The distribution of Gross Estate left by the deceased BETWEEN Quranic heirs and Residuaries (Asaba't) will be as under:
Net Estate Wealth = 89000
QURANIC SHARERS (Zawil-Farooz):
WIFE (1) = 11125 (1/8)
MOTHER (1) = 14833 (1/6)
BROTHER (2) = 0 (0/1)
SISTER (1) = 0 (0/1)
TOTAL Q-Shares = 25958
RESIDUE (Balance) = 63042 (17/24)
RESIDUARIES [ASABA'T] (Share per head):
SON(1) = 63042 (17/24)
STEP – 3 (AUL/ RADD):
AUL OR RADD NOT APPLICABLE IN THIS CASE.
assalamalaikum thanks for ur response brother but i have another doubt regarding the same question posted on feb 28 my fathers 3rd sisters neither husband, parents are alive nor children, means she dont have any own children then how should we distubute that property and to whom please give detail information because i dont want my father do any sin in this matter. we went to a lawyer and asked the same according to islamic law to whom it belong then he answed the step son who died before that lady(3rd sister) died so it didnt belong to ur father alone but it belongs to all brothers &sisters of that lady who are alive is it true?
Q&A posted on FB by, Joanna Atkinson on Feb 28 2013:
My ex-husband died last year, he was an Egyptian national. He has 2 children (boy and girl). The children are both under 18. I am Christian, not muslim. How is the inheritance for the children handled? Do they have to have a financial guardian that is Muslim until they are of legal age? (I have been told this by his mother.)
RESPONSE:
His children (son and daughter) will inherit ALL of the balance (5/6) of his property, wealth, and estate after his MOTHER's share of 1/6 has been given to her. Your son will get 2/3 of this balance while your daughter will get the remaining 1/3.
Thus the final distribution will be as follows:-
MOTHER = 1/6 = 3/18
SON = 2/3*5/6 = 5/9 = 10/18
DAUGHTER = 5/18
Total = 3/18 + 10/18 + 5/18 = 18/18
The management of your childrens wealth to be held in custody and distributed to them when they are of age will be the responsibility of any closest MALE relative of your husband (viz; BROTHER, NEPHEW, etc). However, in the absence of any the local Qazi may take this responsibility to do same or even appoint a MALE member of his (your husbands) family to do so.
Allah Knows Best!
My Uncle died few years ago leaving behind property and other assets. He was unmarried. His 5 brothers and two sisters had also died earlier. His parents had also died. He has number of nephews and neices from brothers and sisters. As per shariah law who will be the legal heirs and how the assets can be distributed. Please advise.
Farooq Afzal wrote on February 28, 2013 at 3:44 pm
My Uncle died few years ago leaving behind property and other assets. He was unmarried. His 5 brothers and two sisters had also died earlier. His parents had also died. He has number of nephews and neices from brothers and sisters. As per shariah law who will be the legal heirs and how the assets can be distributed. Please advise.
RESPONSE:
The rightful heirs to your UNCLE's wealth/property/estate are ALL of his NEPHEWS who are the MALE children of ALL of his BROTHERS only. They will all share equally.
The NIECES will NOT inherit. However, the Nephews have a responsibility over the nieces.
Allah Knows Best!
Assalamalaikum My father has 2 brothers 3 sisters. 2 sisters r married 1st sister died she had 1 son & 1 daughter because they r small all thought to give their 3rd sister and marry to their 1st bhaijan he was govt employee he wrote pension on her wifes name & pf amout on childrens name after some years he died. after getting money son left her step mom (aunty) and went to banglore used to live with her sister & never return. my father who is younger of all. is also a govt employee helped financially his 3rdsister in constructing a house because she is alone and monthly my dad used to clear her debts in instalments.that means she was also a pensioners but that money was not sufficent so my dad helped her after some years her stepson died, he also had children later my dads 3rd sister died. now my question is to whom this property belongs?. ( now 2 brothers, 1 sister of my father alive,childern& wife of step sonof my fathers 3rd sister are alive.and stepdaughter of my fathers 3rd sister are alive) does it belong to us because my father constructed that house
Shaik noorjahan begum wrote on February 28, 2013 at 6:34 am
Assalamalaikum
My father has 2 brothers 3 sisters. 2 sisters r married 1st sister died she had 1 son & 1 daughter because they r small all thought to give their 3rd sister and marry to their 1st bhaijan he was govt employee he wrote pension on her wife's name & pf amount on childrens name after some years he died. after getting money son left her step mom (aunty) and went to bangalore used to live with her sister & never return. my father who is younger of all. is also a govt employee helped financially his 3rd sister in constructing a house because she is alone and monthly my dad used to clear her debts in instalments. that means she was also a pensioners but that money was not sufficient so my dad helped her after some years her stepson died, he also had children later my dads 3rd sister died. now my question is to whom this property belongs?. ( now 2 brothers, 1 sister of my father alive, children & wife of step son of my fathers 3rd sister are alive. and stepdaughter of my fathers 3rd sister are alive) does it belong to us because my father constructed that house
RESPONSE:
The question that arises here is who is the rightful OWNER of the property at the time of their death?
If it was your Dad's third sister then all of the property/estate must go to her living heirs spouse, parents, children), first.
The fact that your father constructed a house for another family member does not entitle that house to be inherited by your Father's family. In Islamic Shariah law everything devolves around ownership and relationship to the deceased.
Allah Knows Best!
Assalamu Alaikum..my mother passed away recently. She left behind my father and us (two sisters). My grandparents are not alive. My mother's brothers and sisters are all married and well to do. Can you explain how her property will be distributed?
Nav wrote on Feb 26, 2013:
Assalamu Alaikum..my mother passed away recently. She left behind my father and us (two sisters). My grandparents are not alive. My mother's brothers and sisters are all married and well to do. Can you explain how her property will be distributed?
RESPONSE:
YOUR FATHER = 1/4 of your MOTHERS estate/property = (3/12)
YOU & YOUR SISTER = 2/3 (each will take 1/3) = (8/12)
Total = 3/12 + 8/12 = 11/12
Balance 1/12 will be divided between your MOTHERS siblings (brother & sisters) in the proportion of 2:1 for the MALE:FEMALE
The fact that a family member is rich or porr DOES NOT come into consideration in Islamic Shairah Inheritance distribution. If the receipents of a share of the estate/property of a deceased feel that the amount/portion is insignificant to their existing state of wealthiness then, they may, if THEY CHOOSE VOLUNTARILY, give that portion to other deserving inheritors within the family or even to an outsider since its their property now and they are free to do what they please with it.
However, NO ONE can put pressure on them to give their share away. It MUST be totally voluntary and made by their own free will and choice.
Allah Knows Best!
Sadaf wrote on Feb 24, 2013:
Salam
If somebody have 3 daughters so what sahria say.
RESPONSE:
The Quranic Verse is very clear on the DAUGHTERS inheritance as follows:-
quote
4:11 Allah commands you as regards your children (inheritance),
To the MALE, a portion equal to that of TWO FEMALES;
If (there are) only DAUGHTERS, two or more, their share is TWO-THIRDS of the inheritance;
If only one, her share is HALF.
unquote
So TWO OR MORE Daughters will share 2/3 of the estate left behind by a deceased PARENT and it will be shared EQUALLY between them.
Allah Knows Best!
Salam
If somebody have 3 daughters so what sahria say.
Assalamu alaikum,
Its my fathers property and my father died. and my self 2nd child (son) and i had a sister (she also passed away after giving birth to 2 childrens 1 girl & 1 boy). Now what will be the share according to sharia.
wa alaikum assalam.
Abdul Qudus wrote on Feb 22 2013
Assalamu alaikum,
Its my fathers property and my father died. and my self 2nd child (son) and i had a sister (she also passed away after giving birth to 2 childrens 1 girl & 1 boy). Now what will be the share according to sharia.
wa alaikum assalam.
RESPONSE:
Assuming that your Mother is also not present at the time of your Father's passing away and also that your Father's parents are also dead, the estate of your deceased Father will go entirely to you.
Your sisters children will not inherit anything if she died before your father passed away. If not she will get 1/3 of your Fathers inheritance and you will take the remaining 2/3.
If your sister had passed away before your Father then her children will not inherit anything. However, you are responsible for your sisters children if they dont have a male guardian to take care of them.
Allah Knows Best!
Assalamu alaikum, Bro
Thanks for your reply.
Sultana responded on Feb 22, 2013:
Thank you and Salaam brother Sameer. Yes, my mother had passed away before my father died.
But my father did not have any brother, sister, uncle or aunts. Except us, 2 daughters,the other closest living relatives are his uncle's grandchildren and a daughter of that uncle(my father's female cousin). Does any of them get any portion? if they do then how much? thank you.
RESPONSE:
NO, they will NOT inherit.
In this case the balance 1/3 will be distributed between the two daughters (You and Your Sister) equally which means both DAUGHTERS share the deceased Father's estate 50-50.
Allah Knows best!
Sultana wrote on Feb 20 2013,
Salaam.
My father passed away leaving 2 daughters only. The next nearest relatives alive are the children of his father's brother's (uncle's) son(he passed away before my father died) and his sister (daughter of the same uncle). According to Islamic law how my father's property should be distributed? thank you.
RESPONSE:
Assuming that your Mother is not present at the time of your Father's passing away,
2 DAUGHTERS = 2/3 of his wealth (each daughter will get 1/3)
Balance 1/3 will be distributed to the closest MALE heir if living. These males are your Father's Brothers if living, OR his children, if the Brother is dead and his children are living. Here again the distribution is to give the male twice the share of the female, be they your Father's brothers/sisters or your Uncles children.
Allah Knows Best!
Thank you and Salaam brother Sameer. Yes, my mother had passed away before my father died.
But my father did not have any brother, sister, uncle or aunts. Except us, 2 daughters,the other closest living relatives are his uncle's grandchildren and a daughter of that uncle(my father's female cousin). Does any of them get any portion? if they do then how much? thank you.
Salaam.
My father passed away leaving 2 daughters only. The next nearest relatives alive are the children of his father's brother's (uncle's) son(he passed away before my father died) and his sister (daughter of the same uncle). According to Islamic law how my father's property should be distributed? thank you.
goodgirl wrote on Feb 20, 2013
asalamualaikum.
i wanted to know how my fathers property will be divided
my mom lives . we are two daughters. no sons.
my dad has 3 sisters and one brother who has 4 sons and 4 daughters.
my dad doesnt have parents. please guide .
RESPONSE:
MOTHER = 1/8 share (=3/24)
TWO DAUGHTERS = 2/3 (1/3 share each) = (16/24)
Balance = 1 – 3/24 – 16/24 = 5/24
AUNTS/UNCLES will divide the remaining 5/24 in the proportion where the male gets twice as much as the female as follows:-
UNCLE = 2/5 of 5/24 = 10/120 = 1/12 = 2/24
AUNT 1 = 1/5 of 5/24 = 5/120 = 1/24
AUNT 2 = 1/24
AUNT 3 = 1/24
Total = 3/24 + 16/24 + 2/24 + 1/24 + 1/24 + 1/24 = 24/24 = THE WHOLE
Allah Knows Best!
asalamualaikum.
i wanted to know how my fathers property will be divided
my mom lives . we are two daughters. no sons.
my dad has 3 sisters and one brother who has 4 sons and 4 daughters.
my dad doesnt have parents. please guide .
Assalamo Aliakom Warahmatullah Brother
Under Shariah Law of Inheritance can you please brief me on the following two cases
Case 1 – Man dies leaving behind wife and three sons. His own brothers and sisters are all married and Mashallah well to do.
Case 2 – Man dies leaving behind wife, son and daughter.
Saleem Saeed wrote on Feb 17, 2013
Assalamo Aliakom Warahmatullah Brother
Under Shariah Law of Inheritance can you please brief me on the following two cases
Case 1 – Man dies leaving behind wife and three sons. His own brothers and sisters are all married and Mashallah well to do.
Case 2 – Man dies leaving behind wife, son and daughter.
RESPONSE:
Case 1:
WIFE = 1/8,
THREE SONS = 7/8 (each son will receive 7/24)
Case 2:
WIFE = 1/8
SON = 7/12
DAUGHTER = 7/24
Allah Knows Best!
As-salaam-alekum. This is regarding my uncles( my fathers real elder brother) property ( agriculture land), my uncle didnt have any kids. My grand mom had total 6 kids 4 boys & 2 girls my father the youngest. My 2 uncles didn't hav kids. Does my fathe has a right to get share from his brothers property as my uncle didnt have kids.if yes then wat will be his share & 1 more of his brother & 2 sisters & his wife's.
thank u.
As-salaam-alekum
Shez wrote on Feb 15, 2013
As-salaam-alekum. This is regarding my uncles( my fathers real elder brother) property ( agriculture land), my uncle didnt have any kids. My grand mom had total 6 kids 4 boys & 2 girls my father the youngest. My 2 uncles didn't hav kids. Does my father has a right to get share from his brothers property as my uncle didnt have kids.if yes then what will be his share & 1 more of his brother & 2 sisters & his wife's.
thank u.
As-salaam-alekum
RESPONSE:
As long as your paternal Unlce had NO kids and NO parents living at the time of his death then his wife (your Aunt), brothers and sisters (your father and his siblings) are ALL entitled to inherit from his estate.
Assuming that your Grand Parents are NOT living,
On the death of your UNCLE his inheritance should be distributed as follows:-
HIS WIFE (your Aunt) = 1/4 = 4/16
HIS 3 BROTHERS = 6/8 of the remainder (3/4) = 6/8 * 3/4 = 18/32 = 9/16 (each brother will receive 3/16)
HIS 2 SISTERS = 2/8 of the remainder (3/4) = 2/8 * 3/4 = 6/32 = 3/16 (each sister will receive 3/32)
Hence the TOTAL Estate = 4/16 + 9/16 + 3/16 = 16/16 (The Whole)
None of the CHILDREN of your Uncles Siblings will inherit anything from his Estate.
Allah Knows Best!
My step mother who was also my real aunt died. My father is still alive. My step mother has 2 brothers who are alive and one sister who is also alive. her 1 brother and 1 sister has expired but the deceased brother has a daughter and a son while he deceased sister has two daughters. the alive brothers and sister also have kids. Can you kindly guide me how to distribut her wealth.
Mrs Arsalan wrote on Feb 14, 2013,
My step mother who was also my real aunt died. My father is still alive. My step mother has 2 brothers who are alive and one sister who is also alive. her 1 brother and 1 sister has expired but the deceased brother has a daughter and a son while he deceased sister has two daughters. the alive brothers and sister also have kids. Can you kindly guide me how to distribut her wealth.
RESPONSE:
I assume that your step mother is your Mother's sister to be a real aunt?
First,
Your FATHER will receive 1/2 of your Step Mothers estate if she has NO kids by him OR 1/4 is she has kids.
Next,
If Your Step Mother has NO children then her LIVING Brothers and Sisters will inherit the remainder after your Father's share has been distributed and each brother will take TWICE the share of the Sister.
The Children of your Step Mother's siblings (both dead and alive) DO NOT inherit anything whatsoever. Neither will you inherit anything from her estate.
So, if your Step Mother had NO Children who are alive at the time of her death, then the distribution is as follows:-
YOUR FATHER = 1/2 = (5/10)
YOUR STEP MOTHER's TWO BROTHERS WHO ARE ALIVE = 4/5 of the remainder (4/5 of 1/2 = 4/10). Each will get 2/10 = 1/5 each
YOUR STEP MOTHER's ONLY ALIVE SISTER = 1/5 of 1/2 = 1/10
Hence TOTAL = 5/10 + 4/10 + 1/10 = 10/10 = TOTAL
If Your STEP MOTHER leaves behind her OWN Children then the remainder after her husbands share is divided between her children ONLY and her Siblings Will NOT receive any share if she has a son (male heir). If she does not have sons, then they will receive the balance in the similar proportion of 2:1 for the Male:Female siblings after the father and daughters shares are distributed.
Allah Knows best!
Netrafter wrote on Feb 10, 2013
ASAK Bro Fazli,
My father is alive & want to distribute his property while he is alive. We are a total of 3 Bothers & 3 Sisters, including me. Our father had re-married & one Son & 2 daughters out of above mentioned 06 children are from this second wife who is also alive. Please guide in view of Quran & Sunnah for each one of our share.
RESPONSE:
The distribution of your Fathers Estate according to Islamic Shariah Law after his death will be as follows (I assume that your Mother is not alive):-
2nd Wife's Share = 1/8 (Balance remaining will be 7/8)
3 SONS = 2/3 of 7/8 = 7/12 (each son will receive 7/36)
3 DAUGHTERS = 1/3 of 7/8 = 7/24 (each daughter will receive 7/72)
Hence 1/8 + 7/12 + 7/24 = 24/24 (the whole)
If your Mother is also alive at the same time as your step mother, then they will both share the 1/8 and take 1/16 each since Islam allows a maximum of 4 wives at any given time
Allah Knows Best!
Azima wrote on Feb 10, 2013
I would like to know property distribution under shia ismaili law
father and mother died
1) Only Son (died before father and mother) leaving behind wife, one son and one daughter.
2) 4 Daughter (all married)
What should be the ratio of property distribution when 4 daughter, son's wife , son' son and son's daughter are alive
RESPONSE:
In this case, the property of any ONE of the deceased PARENT (in the absence of the other parent) will be as follows:-
4 DAUGHTERS = 2/3 (each daughter will receive 1/6)
1 GRANDSON = 2/9
1 GRAND DAUGHTER = 1/9
Allah Knows Best!
ASAK Bro Fazli,
My father is alive & want to distribute his property while he is alive. We are a total of 3 Bothers & 3 Sisters, including me. Our father had re-married & one Son & 2 daughters out of above mentioned 06 children are from this second wife who is also alive. Please guide in view of Quran & Sunnah for each one of our share.
Rakib wrote on Feb 10 2013
Salam,
My cousin sister was abounded by her 1st husband with 2 daughters. He (first husband) never contacted them for last 10 years and also, don’t support. She is happily married now and have a son with her 2nd husband and He (2nd husband) love the daughters like his own. He (2nd husband) like trying to find out if the two will be part of his estate by inheritance? Keep in mind 1st husband is totally abundant them. There is no question of inheritance from him.
So, the Question is if the Step daughter can be in title of the inheritance. What will be the calculation?
Wife
1 Son
2 Step Daughter
RESPONSE:
The fact that the first husband abandoned his wife and children does not remove the entitlement of the childrens inheritance from his estate after he is deceased, according to Islamic Shariah Law. If the children are not given their due shares from their biological fathers estate, after his death, then he and those responsible after him will be answerable to the Creator.
As for the step father, the step children WILL NOT inherit from his estate after he is deceased. The wife will inherit as per Islamic Shariah Law (1/8 of his estate and the son will receive the remaining 7/8, if the deceased has NO parents living at the time of his death),
However, if the Step Father wants to see that the children of his wife from her first husband will benefit from his estate then he can WILL a maximum of 1/3 of his estate to them while he is alive and this will be distributed to them after him. On the other hand, he can also choose to give them whatever he pleases NOW, while he is alive.
If he wants his two step daughters to receive the same proportion of the estate that they would have received if they were his own daughters then the 7/8 that is distributed to his son will be divided between all of them in the proportion of 2:1 as for the SON:DAUGHTER
Which means that the SON will take 1/2 of 7/8 = 7/16 of his estate and the two daughters will take 7/32 each while the wife takes her 1/8.
Allah Knows Best!
I would like to know property distribution under shia ismaili law
father and mother died
1) Only Son (died before father and mother) leaving behind wife, one son and one daughter.
2) 4 Daughter (all married)
What should be the ratio of property distribution when 4 daughter, son's wife , son' son and son's daughter are alive
Salam,
My cousin sister was abounded by her 1st husband with 2 daughters. He (first husband) never contacted them for last 10 years and also, don’t support. She is happily married now and have a son with her 2nd husband and He (2nd husband) love the daughters like his own. He (2nd husband) like trying to find out if the two will be part of his estate by inheritance? Keep in mind 1st husband is totally abundant them. There is no question of inheritance from him.
So, the Question is if the Step daughter can be in title of the inheritance. What will be the calculation?
Wife
1 Son
2 Step Daughter
As I believe you have given an excellent presentation from Quran and Hadith on Wealth Distribution in Islam.
My question about ” if a father who have adult son and daughter died in the presence of grandfather” and the father have brother and sisters, In the mean time the Grandfather died.
The question is how the distribution of Grandfather’s wealth will be made for the children of death son in presence of Grandfather?
I need the answer the Quran Verses and Shaih Bukhari (chapter and Hadith#)
I have noticed one of your answer as follows to my above question : But I want an authentic Quran verses and Shaih Hadith, Miss Sara is an Atim. Quran verses have clear about wealth of Atim
YES. Sarah's Father DOES NOT inherit from his father (Sarah's Grand Father) since he is already deceased. However, Sarah's Fathers estate would have been inherited by Sarah's Grand Father, when Sarah's father died.
Fazli, please assist a father away he leaves behind 1 son and 5 daughters no wife no parents.
He has a will which says my son gets 25percent and each of my six daughters give 12.5 percent of my estate, in the he mentions each child and there share. One daughters dies before he does therefore only 5 living daughters and 1 son.
He furthers mentions that should any of my children predeceased me his/her share must be distributed to his/her children in equal shares.
Question is does the predeceased daughter have a share if so what is her share and do distribute to her children?
Ebrahim wrote on Feb 2 2013:
Fazli, please assist a father away he leaves behind 1 son and 5 daughters no wife no parents.
He has a will which says my son gets 25percent and each of my six daughters give 12.5 percent of my estate, in the he mentions each child and there share. One daughters dies before he does therefore only 5 living daughters and 1 son.
He furthers mentions that should any of my children predeceased me his/her share must be distributed to his/her children in equal shares.
Question is does the predeceased daughter have a share if so what is her share and do distribute to her children?
RESPONSE:
The pre deceased daughter DOES NOT have a share of her fathers inheritance as per Islamic Shariah Law.
The surviving son and five remaining daughters will share the Father's inheritance.
The surviving son is responsible to ensure that the predeceased's daughters children (if any)) are taken care of financially and socially.
In this case the SON will inherit 2/7 and each surviving daughter will receive 1/7
The deceased Father's Will specifying that the deceased child's children MUST receive an equal share as the surviving ones does NOT conform to Islamic Shariah and hence is invalid from an Islamic perspective although it may be legally valid within the context of the law of the land.
Allah Knows Best!
Serendipity wrote on Jan 28, 2013,
I am a divorcee with no kids. A man 13 years older than me has proposed – he is a widower and has 2 adult sons. We both live in the US. His sons have asked him to get a prenuptial agreement. Do laws of Islam apply or does law of the country I am living in apply? He wants to give me my share of inheritance from him from his assets from before marriage Islamically, but what we both earn after marriage, he wants to apply US laws of 50:50 if we divorce and then applying Islamic law of 25% to me and 75% to his sons if he dies before me and 100% to him if I die first with my portion going to him and his sons, when I would like to give my earnings and my inheritance from my father to charity and to my younger sister who is single and childless.
What do you think about his ideas?
Thanks and salam
RESPONSE:
While you are living in a Non Muslim nation, like the USA, I believe you still have the RIGHT to choose how your wealth/property may be distributed to your rightful heirs according to the Islamic Inheritance Shariah Law, if you choose to do so. However, if you choose, amicably between yourselves, to apply any other law, then that is your personal choice and will prevail although it will VIOLATE the Islamic Shariah Law 100%.
First, you cannot have agreements with your spouse on the amount of inheritance each of you will take after your respective deaths, when that eventually happens. The distribution of Islamic Inheritance arises ONLY AFTER the death of the individual and NOT BEFORE.
However, in Non Muslim nations one could write a will, based on Islamic Shariah Inheritance share portions so that the rightful heirs will inherit the correct share amounts as per Shariah Law,. purely to ensure that the Islamic Law prevails. n this case all members of the family MUST write their OWN separate wills assuming that they will be the first ones to die. Once a death takes place then it becomes necessary, once again, for the living members to REWRITE their wills according to Islamic Shariah since the shares will now change based on who is left behind. This is the ONLY way to CONFORM to the Islamic Shariah Law of Inheritance in places where the local NON Islamic Laws will be enforced on the property/wealth of a deceased with no choices available.
Furthermore, under Islamic Law, your husbands sons from a previous marriage CANNOT inherit from your wealth, after your death since they are NOT your children. Your husband will certainly inherit (1/2 of your property/wealth remaining, if you both dont have kids of your own, and, 1/4 if you do have kids of your own). You will also inherit from your husbands estate remaining after his death (1/4 if you dont have kids, and 1/8 if you do have kids of your own).
It doesnt matter what each of you has earned,. saved and owned before of after marriage. What is significant in Islamic Law is the property/wealth that is owned by the deceased AT THE TIME OF DEATH on which the inheritance will be shared by all the RIGHTFUL heirs.
At the end of the day its a decision you and your husband have to take on whether you really want the Islamic Law of inheritance to prevail or choose your own portions of inheriatance between your selected family members.
Also, you do have the right to bequeath your property/estate/wealth to anyone you may choose while you are alive if you want to ensure that they will benefit in some form or another from it and you are unsure whether they will receive anything after your death. This is entirely your choice and fully allowed by Islamic Shariah Law.
If you are truly concerned about the distribution of your wealth/property/estate, that you have earned/inherited before your planned marriage then it is better to have all of it disposed and given to those whom you wish to right away before you engage in the marriage. This will remove all issues related to how that part of what you own will be distributed.
Allah Knows Best!
I am a divorcee with no kids. A man 13 years older than me has proposed – he is a widower and has 2 adult sons. We both live in the US. His sons have asked him to get a prenuptial agreement. Do laws of Islam apply or does law of the country I am living in apply? He wants to give me my share of inheritance from him from his assets from before marriage Islamically, but what we both earn after marriage, he wants to apply US laws of 50:50 if we divorce and then applying Islamic law of 25% to me and 75% to his sons if he dies before me and 100% to him if I die first with my portion going to him and his sons, when I would like to give my earnings and my inheritance from my father to charity and to my younger sister who is single and childless.
What do you think about his ideas?
Thanks and salam
Amina wrote on Jan 27, 2013:
Assalamualikum.
If you could help me understand how my fathers property will be divided between my mother, five sisters and two brothers after his death? Also can he decide to donate 1/3 of his property according to Islamic Iaw?
Also can he leave a Will distributing all his assets evenly? I have only one paternal aunt leaving, will she inherit any assets from my father?
RESPONSE:
Assuming that you paternal grand parents are deceased at the time of your Fathers death, the inheritance shares, of your Fathers property, estate, and wealth, according to Islamic Shariah Law should be distributed as follows:-
WIFE OF DECEASED (your Mother) = 1/8 = 9/72
SON's = 14/72 each = 14/72 * 2 = 28/72
DAUGHTER's = 7/72 each = 7/72 * 5 = 35/72
Total = 9/72 + 28/72 + 35/72 = 72/72 = 1 (The WHOLE)
***
Yes, your Father could have written a Will, before his death, to leave a MAXIMUM of 1/3 of his property/wealth to any one OTHER THAN the family members mentioned above (Wife, Sons, Daughters) as he wished. The beneficiary need not necessarily be a family member BUT he/.she MUST be a Muslim. He cannot will this 1/3 to a Non Muslim as per the law.
***
He CANNOT leave a Will distibuting ALL his Assets equally since Allah's Law that is specifically stated in the Quran, Surah Nisa'a, must prevail and NO created being is allowed to OVERRIDE it.
Allah Knows Best!
Mr A Malik.Asa,
Both parents are deceased, 3 adult children remaining ; 2 adult females, 1 adult male
How does the mothers mahar/dowry get divided between the 3 adult children ?
Thk you,
Allah bless you.
Momenur wrote on Feb 9 2013:
As I believe you have given an excellent presentation from Quran and Hadith on Wealth Distribution in Islam.
My question about ” if a father who have adult son and daughter died in the presence of grandfather” and the father have brother and sisters, In the mean time the Grandfather died.
The question is how the distribution of Grandfather’s wealth will be made for the children of death son in presence of Grandfather?
I need the answer the Quran Verses and Shaih Bukhari (chapter and Hadith#)
I have noticed one of your answer as follows to my above question : But I want an authentic Quran verses and Shaih Hadith, Miss Sara is an Atim. Quran verses have clear about wealth of Atim
YES. Sarah's Father DOES NOT inherit from his father (Sarah's Grand Father) since he is already deceased. However, Sarah's Fathers estate would have been inherited by Sarah's Grand Father, when Sarah's father died.
RESPONSE:
The children of the deceased FATHER will inherit from him on is death in the proportion of 2:1 of the SON:DAUGHTER. This is very clear from the Quranic verses in Surah An Nisaa. No need for any Hadeeth confirmations at all.
The children (who are alive) of the deceased Grandfather will also inherit from his death based on the same analogy.
The Grand Children will only inherit in the absence of any SONS of the deceased grandfather.
Allah Knows Best!
Posed by "Question" on Feb 8 2013
Mr A Malik.Asa,
Both parents are deceased, 3 adult children remaining ; 2 adult females, 1 adult male
How does the mothers mahar/dowry get divided between the 3 adult children ?
Thk you,
Allah bless you.
RESPONSE:
It is assumed that the Father deceased before the Mother and that the Mother has deceased now leaving behind the adult children mentioned above (2 daughters and 1 son)
Whatever the MOTHER owned at the time of her death, including her Mahr will be divided between the surviving children as follows:-
SON = 1/2
DAUGHTER 1 = 1/4
DAUGHTER 2 = 1/4
Allah Knows Best!
Assalamualikum.
If you could help me understand how my fathers property will be divided between my mother, five sisters and two brothers after his death? Also can he decide to donate 1/3 of his property according to Islamic Iaw?
Also can he leave a Will distributing all his assets evenly? I have only one paternal aunt leaving, will she inherit any assets from my father?
Moin wrote on Jan 22, 2013, Salam. I am from Bangladesh. I would like to know whether chiristian children can inherit the property of their deceased father who was a muslim? I would be greatly benefited if you provide specific reference while answering my queries.
RESPONSE:
No, Non Muslims relatives WILL NOT inherit from their Muslim family members, even if they are parents or sons/daughters.
Scholars are of the view that a non-Muslim does not inherit his Muslim relative even if he becomes a Muslim (after the death of the inherited person) before the division of the inheritance as the Prophet said: “…And a non-Muslim does not inherit a Muslim.” [Muslim] Ibn Qudaamahstated that this is the view of Abu Haneefah, Maalik, Ash-Shaafi’i, and the view of the majority of the jurists and one of the two narrations from Ahmad.
Allaah Knows best.
Salam. I am from Bangladesh. I would like to know whether chiristian children can inherit the property of their deceased father who was a muslim? I would be greatly benefited if you provide specific reference while answering my queries.
Salima Hudda asks on January 14, 2013:
Hi,
I belong to the Shia Imami Ismaili religion and live in India (Maharashtra). My father Passed away in 2001 and has left behind an agricultural land (it is a joint land which my father and his brother purchased and are co-owners). After my fathers death my mothers and our name was put on the 7/12 (we are 3 sisters and 1 brother). we are wanting to sell our share of land. Is the Shia Law of Inheritance applicable to us or since all our names are on 7/12 we are entitled to equals share. If we have to follow Shia Law of Inheritance can you please specify the exact ratio each one of us should get (that is my mother, we three sisters and my brother). Also I understand that there is a provision for the male to receive more as he is liable to carry out family responsibilities. but in our case after my fathers death my mother has been living with us sisters and my brother takes no care of her in any terms. In such a scenario can we challenge the Law if applicable. My grandparents have expired and my brother has one son and no daughter.
RESPONSE:
I am unable to give you any concrete response to your inquiry based on the Shia interpretation of Islamic Shariah Inheritance Laws since I am not aware of it at all but am willing to try and study it from whatever information that may be available on the internet and revert back with my findings hoping that it will be useful to you.
However, I would like to take this opportunity, since you have put forward the question, to give you the Sunni understanding and implementation of the rules of Inheritance as follows:-
First and foremost, You, your Mother and your Siblings are ONLY entitled to inherit HALF of the House that your Father and his Broither shared equally. The other half belongs to your paternal Uncle.
I do not understand the meaning of the "7/12" you have mentioned. Please clarify that for me.
Under Islamic Shariah Law of Inheritance as interpreted by the Sunni Scholars the division of your Fathers HALF Share of the land should be done as follows:-
YOUR MOTHER = 1/8 share (5/40)
EACH SISTER (including you) = 7/40 (Total = 21/40)
YOUR BROTHER = 14/40
Hence TOTAL = 5/40 + 21/40 + 14/40 = 40/40 (The Whole or 1)
These shares will be applied ONLY to HALF of the Land that your Father and His brother owned. If you will choose to divide it on the land itself then all of you have to agree with your Uncle which half you will take as your Fathers portion and then share it as per the above portions mentioned.
If you choose to sell the Half Share that your Father owned and then take the money of the sale then you may divide the cash as per the above proportions between your Mum and your Siblings.
Thank you for the confidence and kindness you have shown in asking this question.
{I need some time to try and read and understand the Shia interpretation of Inheritance to be able to give you its ruling, if you actually need it. Or else you need to consult with some Shia authority on Inheritance to get a correct understanding]
Allah Knows Best!
Hi,
I belong to the Shia Imami Ismaili religion and live in India (Maharashtra). My father Passed away in 2001 and has left behind an agricultural land(it is a joint land which my father and his brother purchased and are co-owners). After my fathers death my mothers and our name was put on the 7/12 (we are 3 sisters and 1 brother). we are wanting to sell our share of land. Is the Shia Law of Inheritance applicable to us or since all our names are on 7/12 we are entitled to equals share. If we have to follow Shia Law of Inheritance can you please specify the exact ratio each one of us should get (that is my mother, we three sisters and my brother). Also I understand that there is a provision for the male to receive more as he is liable to carry out family responsibilities. but in our case after my fathers death my mother has been living with us sisters and my brother takes no care of her in any terms. In such a scenario can we challenge the Law if applicable. My grandparents have expired and my brother has one son and no daughter.
Musalman wrote on Jan 12 2013:
jazakAllah for your handwork. my question is that my father built a house and my widow mother is living in it now. we are 5 sisters and 1 brother- all married and we decided initially for our mother to live in that house as she has nowhere else to go. what does the sharia say in this matter. does it mean that the widow will be thrown out of her only roof in order to meet the sharia instructions or can we wait till her end when the inherit law can be used upon her passing away. furthermore, some of the daughters are now demanding their share in that house. can you kindly guide us in this matter.
BW
Response:
I understand from your inquiry that your father is deceased and your mother is a widow
You are 5 sisters and 1 brother and your widowed mother lives in the house that your father built, based on the collective decision of all the children, as stated.
First and foremost, when your father died, it was incumbent upon all the remaining heirs to make sure that the wealth and property that he left behind should have been shared between all those entitled by Shariah according to the Islamic Law of Inheritance prescribed in the Qur'an.
Since this was not carried out and the children of the deceased agreed to allow their mother to live in the house that their father left behind you are now in a dilemma as to how the property of your father should be shared since some of the children are demanding their rightful shares.
Basically, the house left behind your father needs to be divided between his widow and children as follows:-
WIFE (The widow of the deceased Father, your Mother): 1/8 share
SON (your brother): 2/8 (1/4)
5 DAUGHTER's: 1/8 each (total 5/8)
hence total = 1/8 + 2/8 + 5/8 = 8/8 = WHOLE or 1
Now the question arises on how you will, collectively agree, to distribute this inheritance shares among yourselves with the house that your father left behind.
One option is to sell the house and divide the money in the above proportion.
The living of your widowed mother is entirely in her hands, by her choice, and also your hands, as children. The son (your brother) is her Mahram and hence responsible for her and should take take care of her under his protection, support, and provision, as per Islamic Shariah Law. However, if agreed between all of her children, any one of the daughters could also take this responsibility based on your choice. Yet, the son will be held accountable for her living, by God.
If your widowed mother is able to purchase/rent/lease a home for herself from the monies she receives from the sale of the house she may choose to do so. Yet, the responsibility of her son to provide for her does not go away.
One of the reasons why the so gets twice as much as the daughters is for providing for other dependent female members of the family.
Allah Knows Best!
jazakAllah for your handwork. my question is that my father built a house and my widow mother is living in it now. we are 5 sisters and 1 brother- all married and we decided initially for our mother to live in that hose as she has nowhere else to go. what does the sharia say in this matter. does it mean that the widow will be thrown out of her only roof in order to meet the sharia instructions or can we wait till her end when the inherit law can be used upon her passing away. furhtermore some of the daughters are now demanding their share in that house. can you kindly guide us in this matter.
BW
Assalaamu-alaikum,
Could you please explain to me the inheritance,I am a divorced woman with a son.I have a house that is fully paid up.. I also have a brother a sister and dad.
Nadia wrote on Dec 20 2012:
Assalaamu-alaikum,
Could you please explain to me the inheritance, I am a divorced woman with a son. I have a house that is fully paid up.. I also have a brother a sister and dad.
RESPONSE:
If you are asking about how your wealth and property will be shared according to the Shariah Law of Islamic Inheritance, after your death assuming that the rest of the immediate relatives mentioned are all still alive, then, this is the explanation:-
1. Your ex Husband will NOT inherit anything from you since the marriage is NULL and VOID
2. Your Dad will inherit 1/6 of what you leave behind.
3. The remaining 5/6 will go to your Son
4. Your Brother/Sister will NOT inherit anything from you since you have a male heir (father/son)
Now, if you need to know how the house will be divided between your Father (1/6 of the value of the house) and your Son (5/6 of the value of the house), that is a matter to be decided between the two of them (Father & Son). One possibility is to sell the house and share the portions. If this is impractical since they need a place to live then they have to agree on either buying each others shares for a cash value based on the present value or even gifting it to the other, if they choose to. Further, they could even live in the same house with the inherited ownership (1/6 & 5/6 shares) until one of them is deceased and then the next inheritance takes over. In such a case, if your Father dies first, then all his children will inherit from the 1/6 share he holds. On the other hand if your Son dies first then your Father will inherit all of his share since there are no other immediate family members, assuming he is single and has no wife and kids. In the event of a wife (wives) and kids then they will also share in what he leaves behind.
In the event of your Dad passing away first, then whatever he owns will be inherited by you and your siblings with the male taking twice the share of the female (assuming your mother is not present).
Allah Knows Best!
how does sharia law on inheritance apply to a daughter who married a non muslim, FATHER has passed away leaving the mother with 2 houses and two daughters. how can this be divided. Please reply
thanks pasha
MM Pasha wrote on Dec 18 2012:
how does sharia law on inheritance apply to a daughter who married a non muslim, FATHER has passed away leaving the mother with 2 houses and two daughters. how can this be divided. Please reply
thanks pasha
RESPONSE:
A marriage between a Muslim woman and a Non Muslim man is considered Haram (prohibited) in Islam and hence the marriage is not valid. However, I am not in a position to state here that the woman becomes a Non Muslim by such an act. I believe that if she so desires she can remain a Muslim based on her choice.
By this conclusion the FATHER's estate and property may be divided, according to Shariah, between the wife of the deceased (the girls mother) and the two daughters of the deceased (the girl and her sister)
The WIFE will receive 1/8
The TWO DAUGHTERS will share the remaining 7/8 EQUALLY. ie Each daughter gets 7/16
in the absence of any other family members (parents of deceased, siblings etc)
Allah Knows Best!
Assalamu'Alaikum,
Dear Brother in Islam,
My mother's father left business, houses & land,
He bought the properties in my Grand mother's (mother's mother) name,
After his expired the properties were there for 30 years,
and 10years before my mother passed away, before my grand mother, who passed away 3months before.
and my Grandmother has not left any Will,
But 15 years before (when my mother was alive) all my aunts and uncle urged to sell the property, but my Grand Mother hold the property and she said to them, this can be distribute after her life. but before my grand mother my mother passed away.
Now my question is, as my mother is not alive now , and the property is going to be distribute among my Aunts and Uncles, as we the Grand sons and daughters, are we eligible to get the inheritance of our mother ?
Email Question:
Assalamu'Alaikum,
Dear Brother in Islam,
My mother's father left business, houses & land,
He bought the properties in my Grand mother's (mother's mother) name,
After his expired the properties were there for 30 years,
and 10 years before my mother passed away, before my grand mother, who passed away 3 months before.
and my Grandmother has not left any Will,
But 15 years before (when my mother was alive) all my aunts and uncle urged to sell the property, but my Grand Mother hold the property and she said to them, this can be distribute after her life. but before my grand mother my mother passed away.
Now my question is, as my mother is not alive now , and the property is going to be distribute among my Aunts and Uncles, as we the Grand sons and daughters, are we eligible to get the inheritance of our mother ?
RESPONSE:
NO, you and your siblings will NOT inherit from your maternal Grand Mothers estate since your Mother has passed away before her. ONLY your Mothers SIBLINGS (brothers and sisters, ie your maternal uncles and aunts) will inherit the property and wealth that your maternal Grandma has left behind.
However, if your maternal Uncles and Aunts agree, TOGETHER, without anyone objecting, then they could decide on a share for all of you and your siblings based on whatever share your MOTHER would have received had she been alive at the timeof the your Grandma's death. This is only a choice between them, based on simple compassion and love for their nieces and nephews, and is NOT a requirement by Shariah Law.
In the event none of you have a male Guardian (Father) then it also becomes incumbent on your Maternal UNCLES to take responsibility on those of you and your siblings who are still dependent children.
Further, in the event there is NO agreement between ALL your Maternal Uncles and Aunts to give you and your siblings a share of your Grandma's inheritance, then any one of them could also do so from their own shares if they so decide, simply as a gesture of goodwill, love, and compassion.
At the end of the day, while Islamic Shariah Law prevails over all man made decisions, we humans can still use our common sense, logic, and understanding to provide for our own family members in a simple, honorable, and righteous manner. The choice is entirely in our own hands in what we do with our properties and wealth while we are alive.
I know of a real life case, in my own family, where a husband offered a sum of Rs 500,000 to his ex wife, right in front of the Qazi, immediately after their divorce was pronounced to the amazement and surprise of the Qazi himself, who claimed that he had never seen anything like that happen in his whole career as a Judge, before. This was a case of goodwill, honor, and kindness by the husband, who, while seeking the divorce was also concerned about his ex wife's survival and future purely for the sake that she had been his wife for a period of time. These are the TRUE qualities of a GOOD human being and a Righteous Believer which we need to emulate without having to enter into arguments, debates, disputes, and difficulties.
Allah Knows Best!
Question posed on FB on Nov 28 2012:
I HAVE A QUESTION.
MY FATHER AND MOTHER JOINTLY HAVE A BUSINESS BUILDING AND A HOUSE. WE ARE THREE DAUGTERS AND A BROTHER. NOW THEY WANT TO SHARE ALL PROPERTIES. WHAT WILL THE INHERENT PARTS FOR ALL MEMBERS?
JAZAAKALLAH……
Response:
First, you have to assess what part of the properties belong to each, your Father and Mother.
Then, if you father passes away first, your MOTHER will inherit 1/8 of HIS property and the children will inherit the balance 7/8 where the sons will get twice the share of the daughters.
If your Moither passes away first, then your FATTHER will inherit 1/4 of HER property and the children will inherit the balance 3/4 where the sons will get twice the share of the daughters.
If the property is jointlyu owned by both FATHER and MOTHER in equal shares then only that portion that is owned by each will be inherited by the rest in the event of the death of either, as stated above.
If the PARENTS want to share all their properties they own to their children while they are alive then the SONS and DAUGHTERS will share the properties in the proportion of 2:1
Basically how we divide the property to the children when there are sons and daughters, in your case, is as follows:-
1 SON
3 DAUGHTERS
SON = 2/5
DAUGHTER 1 = 1/5
DAUGHTER 2 = 1/5
DAUGHTER 3 = 1/5
of the FATHERS and MOTHERS properties
Allah Knows Best!
Asad wrote on Nov 25 2012, My question is : a Muslim son of a Muslim father converts to Christianity during the lifetime of his Muslim father. Then six months after the death of his Muslim father, the son converts back to Islam.
Can the son inherit any property from his Muslim father,when he was a Christian when his father died. Kindly send a reply to my e mail,if possible.
thanks
RESPONSE:
Based on the Hadith's available that I am aware of, it is quite clear that a Non Muslim CANNOT inherit from a Muslim, and, the validity of being eligible for inheritance is that the inheritor MUST be a Muslim at the time of the death of his relative. Hence this son cannot inherit from his deceased father.
As a matter of interest and note, if such a son is allowed to inherit from his deceased father then we are only opening the doors for people to misuse the conversion factor for financial gain and benefit because he can easily re convert back to Christianity after he receives his share.
Allah Knows Best
My question is : a Muslim son of a Muslim father converts to Christianity during the lifetime of his Muslim father. Then six months after the death of his Muslim father, the son converts back to Islam.
Can the son inherit any property from his Muslim father,when he was a Christian when his father died. Kindly send a reply to my e mail,if possible.
thanks
Md Mahbub-E-Khuda wrote on Nov 23 2012, My father & my mother passed away. Could you explain 1300Sq.Ft.of house area how will be divided into their won 02 no. Sons &02no. Daughters. Khuda hafij
RESPONSE:
First we need to know who the owner of the house is, your FATHER, MOTHER, or both JOINTLY? Then we need to know who died FIRST, your FATHER or MOTHER.
Based on this we will be able to distribute the inheritance to the remaining member sof the family as follows:-
IF the property belonged only to your FATHER and he died first, THEN,
MOTHER = 1/8 = 6/48
Balance 7/8 is divided between the children in the proportion of SON:DAUGHTER = 2:1 as follows:-
SON 1 = 14/48
SON 2 = 14/48
DAUGHTER 1 = 7/48
DAUGHTER = 7/48
(6/48 + 14/48 + 14/48 + 7/48 + 7/48 = 48/48 = 1)
IF Your FATHER owned only HALF the property then only that HALF will be divided between the heirs (sons and daughters)
IF the MOTHER owned the entire property and she died first, then:
FATHER = 1/4 (6/24)
SON 1 = 1/4 (6/24)
SON2 = 1/4 (6/24)
DAUGHTER1 = 1/8 (3/24)
DAUGHTER = 1/8 (3/24)
Thus 6/24 + 6/24 + 6/24 + 3/24 + 3/24 = 24/24 = 1
Allah Knows Best!
Tawhid Quddus wrote on Nov 19, 2012, My only full brother died few years ago, leaving behind my father, my mother, 1 brother, 4 full sisters, 2 half sisters and 2 half brothers. We have a piece if land jointly in our(two full brothers) name. What could be the ratio of the inheritance?
RESPONSE:
First, ONLY the HALF portion owned by your deceased brother is liable for inheritance sharing. The other half owned by your living brother remains as his own property.
Next, since your FATHER is alive at the time of your BROTHERS death all your siblings, Fullor Half will NOT inherit from his estate.
Thus your deceased BROTHERS half share will be divided between your FATHER and MOTHER only as follows:-
FATHER = 2/3
MOTHER = 1/3
It is only on the death of your FATHER and/or MOTHER that all their own children (you and your full/half siblings) will inherit accordingly.
Allah Knows Best!
Nasar wrote on Nov 16, 2012, Aslamulekum,my sister has a son and one daughter from her ist marriage,she,s got divorced ,her new husband has one son and one daughter from his ist marriage,sister and her second husband are having problems because of there kids,she is living in her second husbands house if they get devorce,does my sister,s kids get any thing from there house which belongs to her second husband,jazakalla
RESPONSE:
If your sister divorces her second husband, then neither she nor her children from her first husband will inherit anything from her second husband after his death. If there was no divorce then ONLY your sister will inherit from him if he dies. Her children (his step children) will not inherit anything from him.
In this case your sister and her children from her first husband will not inherit anything from the house that belongs to her second husband if she divorces him. Only his own children will inherit the house. Even his first wife will NOT inherit anything from him since she is divorced.
This is why it is always good for husbands to give their wives something when they divorce them for the fact that they were married to them and will need to survive although this is NOT mandatory by Shariah Law but only makes decent common sense on humanitarian grounds.
Allah Has Given us a mind and the ability to reason and think in order that we make use of it in an honorable, kind, and just manner towards others.
A divorce need not necessarily be hostile.It can be amicable with both parties agreeing to it on account of whatever difficulties they may face in staying married together. This thinking can only come from an open mind of both parties concerned based on common sense, goodness, and reality.
It is futile to fight over a divorce which is inevitable. Why would a man or woman want to live with a spouse who doesnt want them?
Allah Knows Best!
NISA wrote on Nov 10, 2012:
I want to ask a question based on sarah's problem…what will happen if sara's grandfather hadn't distributed his property among his sons before sarah's father died? i have some questions regarding this matter..
1. Does it mean that there will be no property entitled to sarah's father which he might have inherited from his father if he would die after his father ?
2. If sarah's father didn't inherit anything from his father before he died does it mean that sarah and her brothers won't get anything neither from their father nor from their grandparents?
RESPONSE:
1. YES. Sarah's Father DOES NOT inherit from his father (Sarah's Grand Father) since he is already deceased. However, Sarah's Fathers estate would have been inherited by Sarah's Grand Father, when Sarah's father died, and the Grand Father becomes the Guardian of Sarah and her siblings. Knowing this the Grandfather has the right to apportion 1/3 of his wealth by will to Sarah and her siblings from his wealth to be distributed to them after his death.
2. Sarah and her siblings would have inherited from their Father after his death but will not inherit from their grandfather if the Grandfather has any living sons at the time of his death. Here again, the responsibility of Sarah and her siblings falls upon the paternal uncles and they could leave a maximum of 1/3 by will for Sarah and her Siblings knowing that they have not inherited from their Grandfather.
Allah Knows Best!
My father & my mother passed away.
Could you explain 1300Sq.Ft.of house area how will be divided into their won 02 no. Sons &02no. Daughters. Khuda hafij
My only full brother,unmarried, died few years ago, leaving behind my father, my mother, 1 brother, 4 full sisters, 2 half sisters and 2 half brothers. We have a piece if land jointly in our(two full brothers) name. What could be the ratio of the inheritance?
My only full brother died few years ago, leaving behind my father, my mother, 1 brother, 4 full sisters, 2 half sisters and 2 half brothers. We have a piece if land jointly in our(two full brothers) name. What could be the ratio of the inheritance?
Aslamulekum,my sister has a son and one daughter from her ist marriage,she,s got divorced ,her new husband has one son and one daughter from his ist marriage,sister and her second husband are having problems because of there kids,she is living in her second husbands house if they get devorce,does my sister,s kids get any thing from there house which belongs to her second husband,jazakalla
is this a srilankan website ?
Yes, “www.sailanmuslim.com” is a Sri lankan Web Site.
I want to ask a question based on sarah's problem…what will happen if sara's grandfather hadn't distributed his property among his sons before sarah's father died? i have some questions regarding this matter..
1. Does it mean that there will be no property entitled to sarah's father which he might have inherited from his father if he would die after his father ?
2. If sarah's father didn't inherit anything from his father before he died does it mean that sarah and her brothers won't get anything neither from their father nor from their grandparents?
Nov 8 2012:
Assalam alikum, sir, my name is Abdul Rahman, i hv 1 question 1) Allahdullilah iam still alive,i have wife and 3 sons.i have some property,plz tell me as per islamic shariah, my property i hv to share with my brother.if i have to sahre how much share i have to give my brother.my mother and father also still alive , my parents and my brother and his family also still residing in my house. most of the expences i bear. plz advice me on this issue.
Response:
Wa Alaikum Salam wa Rahma!
As long as you are alive you are totally free to distribute whatever you may own to your wife, children, parents, brothers, sisters, or any other relatives and even non relatives and friends, in any manner that you may choose or decide to.
However, if you predecease your current family members, then your valid inheritors, as per Islamic Shariah Law, will be as follows:-
WIFE = 1/8 share of your property
FATHER = 1/6 share
MOTHER = 1/6 share
3 SONS = 13/24 (equally shared between them, ie each son will get 13/72 of the wealth/property left behind by you)
BROTHER = 0 (NOTHING, since you have direct male heirs, ie FATHER/SONS)
BROTHERS FAMILY = 0 (NOTHING, since they will not inherit from your wealth/property when you male heirs are present)
If you decide that your brother is in need of support or finance from your inheritance then you can write an ISLAMIC WILL in his name for a maximum of 1/3 of your property/wealth only. On the other hand you may, if you choose, give him some financial support or property while you are alive and there is NO limit to this as it is entirely up to you and your choice.
Allah Knows Best!
Sudhakaran wrote on Oct 26 2012 - This is for one of my friend -Muslim
Father and Mother jointly purchased a land and constructed a house One year back mother expired He is having One brother and two sisters all are married Now his father brother and two sisters are willing to release their total shares Now I request what is the percentage of shares holding by them
Response:
The inheritance shares of a deceased are entirely decided by what the deceased owned at the time of death.
If the MOTHER owned 50% of the land and house, stated above, then ONLY that 50% will be inherited by her husband and children who are left behind as follows:-
HUSBAND = 1/4 of his wifes wealth (50% of the value of the Land & House)
SON 1 = 1/4
SON 2 = 1/4
DAUGHTER 1 = 1/8
DAUGHTER 2 = 1/8
Allah Knows Best!
This is for one of my friend -Muslim
Father and Mother jointly purchased a land and constructed a house One year back mother expired He is having One brother and two sisters all are married Now his father brother and two sisters are willing to release their total shares Now I request what is the percentage of shares holding by them
QUIZ 1: [Please review carefully and try to answer based on what you have learned so far.]
A Woman dies leaving behind Rs. 900,000 as her total wealth. Her surviving family are her as follows,
MOTHER
HUSBAND
1 SON
1 DAUGHTER
1 BROTHER
1 SISTER
How much of the US$ 900,000 should each of the entitled family members get as per the Islamic Shariah Law of Inheritance?
Curious wrote on Oct 17, 2012, Assalamu alaikkum wa rahmatullahi wa barakatuhu,
how much can a son and daughter inherit from a widowed mother''s property ?
Daughter is married to a man with child from previous marriage, while son has 2 kids…
how much can the husband and that child of previous marriage inherit after her death ?
would be most thankful for your reply.
Response:
1. "how much can a son and daughter inherit from a widowed mother''s property ?"
the son will get TWICE the share of the DAUGHTER that the Mother leaves behind if the Father is absent at the time of her death. If the Father is present then he FIRST takes 1/4 of her property and the remaning 3/4 will be divided in the ratio 2:1 between the son and daughter. In other words son gets 2/3 and daughter gets 1/3 of the remander.
2. "Daughter is married to a man with child from previous marriage, while son has 2 kids…how much can the husband and that child of previous marriage inherit after her death ?"
If the daughter dies her husband will inherit 1/4 share from her wealth. The child of the hisband from his previous marriage will NOT inherit from his step mother. The brother will take the remaining 3/4 in the absence of both parents of the daughter.
Allah Knows Best!
Sami Mohamed wrote on Oct 15, 2012, Aslam wa alikum, My father recently passed away. According to the documents before his death ,in which he has given me 1/5th of his estate, 1/5th to himself before he died, 1/5th to his grand daughters (from my brother who died), 2/5th to his brothers son. My question is in a country that complies with sharia law, if the company papers have already been written and documented, then what comes first. If we have to do it according to shariah, how will it get distributed. Secondly , lets say if this was done before his death, and it cannot be changed, what happens to the 1/5th of wealth under his name and how should we distrabute that. One of my brothers passed away and i have one sister
Response:
Whatever your father has distributed legally to his family members are NOT his property at the time of his death. If only the 1/5 portion was his own then that 1/5 will be divided between all the rightful heirs as per Shariah Law. You and your sister will inherit the 1/5 belonging to your father in the ratio of 2:1 if your Mother is NO present at the time of your fathers death. If she is aliove then she will first get 1/8 share and you and your sister will inherit the remaining 7/8 of your fathers estate in the proportion of 2:1.
Allah Knows Best!
R Addas wrote on Oct 14 2012, Assalamo Allaykum, There are 4 brothers, of which i am one, and two sisters. Six children in all. Our parents left some inheritance and we are divided in the opinion of the split of this inheritance in accordance with Sharia law. Can you please enlighten us with the correct calculation please
Response:
If your Father passed away first, before your Mother, then the shares of HIS estate are divided as follows:-
MOTHER = 1/8 = (10/80)
ALL FOUR SONS = 7/10 = 56/80 (shared equally, each son getting 7/40)
BOTH DAUGHTERS = 7/40 = 14/80 (shared equally, each daughter getting 7/80)
TOTAL = 10/80 + 56/80 + 14/80 = 80/80 = 1
If your Mother passed away first, before your Father, then the shares of HER estate are divided as follows:-
MOTHER = 1/4 = (20/80)
ALL FOUR SONS = 3/5 = 48/80 (shared equally, each son getting 12/80)
BOTH DAUGHTERS = 3/20 = 12/80 (shared equally, each daughter getting 6/80)
TOTAL = 20/80 + 48/80 + 12/80 = 80/80 = 1
The deonominators are made equal (80 in this case) to make the division understood more clearly. In other words you divide the whole estate into 80 parts and each inheritor takes his portion accordingly.
Allah Knows best!
[administrator the individual REPLY button is NOT working and hence I have responded here, please check and fix ASAP]
Assalamu alaikkum wa rahmatullahi wa barakatuhu,
how much can a son and daughter inherit from a widowed mother''s property ?
Daughter is married to a man with child from previous marriage, while son has 2 kids…
how much can the husband and that child of previous marriage inherit after her death ?
would be most thankful for your reply.
Aslam wa alikum,
My father recently passed away. According to the documents before his death ,in which he has given me 1/5th of his estate, 1/5th to himself before he died, 1/5th to his grand daughters (from my brother who died), 2/5th to his brothers son. My question is in a country that complies with sharia law, if the company papers have already been written and documented, then what comes first. If we have to do it according to shariah, how will it get distrabuted. Secondly , lets say if this was done before his death, and it cannot be changed, what happens to the 1/5th of wealth under his name and how should we distrabute that. One of my brothers passed away and i have one sister.
Assalamo Allaykum
There are 4 brothers, of which i am one, and two sisters. Six children in all. Our parents left some inheritance and we are divided in the opinion of the split of this inheritance in accordance with Sharia law. Can you please enlighten us with the correct calculation please
Asalaam-mu-alaykum. My husband and I have adopted a set of twins (girl and boy) from the age of birth. We have no other children. I have a living mother and 2 brothers and my husband has living parents and a brother and sister. We want to ensure insha-allah that our kids will be taken care of in the event of our death. How would we set up our will if adopted children are not entitled to inheritance. Your guideance will be greatly appreciated – Jazakallah.
The maximum amount that can be willed to non Shariah inheritance heirs is ONE-THIRD (1/3) and hence you may will this sum to the two adopted children so that each will receive 1/6 after you. However, you may choose to give them any amount of your wealth or property, as much as you please, while you are still alive if you feel that they would be in need of this after your demise.
The Islamic Shariah Law of Inheritance only allows a maximum of ONE-THIRD of ones total property to be WILLED to any of those NON HEIRS only.
Allah Knows Best!
assalamu alaikum. may Allah increase our iman. pls i want to know the doctrine of AWl
wa alaikum salam wa rahma!
Awl was imposed on the distribution of Inheritance according to Islamic Shariah to deal with any particular case where the TOTAL sum of all the shares exceeds ONE (1). When such a situation arises all the shares are abated proportionately by the doctrine of al-Awl which involves decreasing the fractional shares to a common denominator, and increasing the denominator in order to make it equal to the sum of the numerators.
On the other hand certain there could also arise circumstances after allocation of the estate amongst all the heirs with fixed shares that there is a residue left over and there are no residuaries. This residue is called al-Radd and is returned to those sharers who are entitled to it, in proportion to their original shares.
However, the Maliki school of thought stipulates any residue to be deposited into the Bait ul Mal or Public Trustee Fund for use of the whole community in general.
Allah Knows Best!
Email Question: Sep 11 2012
I was scrolling thru an item of interest that appeared in Sailan Muslim recently, when I stumbled upon a very informative presentation about Inheritance, which identified you as the author. I read it with interest because of a recent event that occurred here in Melbourne, and thought I’ll share it with you.
A personal friend of mine, a Professional who also had a successful business passed away a few months ago. His only child is a daughter, he was divorced at the time of his demise, and was supposed to have been in a de-facto relationship with a non-muslim, who is now being backed by the brothers of the deceased to administer the estate. A while ago the deceased had told his daughter that he had made a will, and where exactly it is stored in his office. Subsequent to his passing the brothers who are now controlling the ‘operation of the estate’ had told her that there was no will, and had even barred her from entry to the office. The law firm that prepared the will have now said that they had destroyed it many years ago (which I think is gross negligence, unless the parties were notified accordongly). The daughter has also been told that the deceased owes around $2million to the brothers, and that the value of the assets will not even come close to cover his debts. In short, she will not even have ‘a brass razoo’. Having known him and his meticulous ways I cannot believe that any of this is true. Nevertheless, I doubt if he made out the will according to Sharia. My guess therefore, is that the law of the land will prevail. The deceased was a benevolent, decent human being, not overly pious. I know the family members who are now handling matters related to the estate well, they came across and portray themselves as devout / good muslims, to now attempt to diddle this girl of her legitimate entitlement, is sad. What I have told here is her side of the story, I haven’t heard the other side, but having seen most of the relevant documents it wasn’t difficult to make up my own mind. Allahu Ahlum.
Reading your tables it’s clear that the daughter’s inheritance should be half. It is unfortunate that there’s no will (so it’s claimed), there’s a level of debt over and above the value of the asset (so it’s alleged), and a non-muslim de-facto partner legally recognized here ( will have the whip hand ), are all factors stacked up against the girl. I doubt if there will be a just outcome for her, and she hasn’t got the resources to pursue the matter in courts – litigation here’s so costly, you don’t get justice you get the law, and it always is a lawyers picnic. I can only wish her well.
***
Answer:
It is a very sad and unjust situation indeed. The reason why we embarked upon the Sailan Muslim Inheritance Q&A page (we also now have one on FB on similar lines to cater to a wider audience as not many folks access Sailanmuslim, internationally) in order to try and share the knowledge on Inheritance and make people aware of its correctness and the injunctions in the Quran. Even the Muslim lawyers in Sri Lanka are very poorly equipped with this knowledge, sadly.
The daughter definitely must take her HALF share which is CRYSTAL CLEAR from the Qur’an with no differences of opinions or ambiguity. The partner, can inherit if she has been named in the will of the deceased, and only up to a MAXIMUM of ONE-THIRD of his estate.
The Siblings who are involved in juggling the wealth of a deceased will have to think of their situation when they face their Creator. It is mentioned in the Qur’an that it is akin to FIRE IN THEIR BELLIES when hey devour the assets of an orphan or descendant/dependent.
Allah Knows Best!
A mother dies and left three (3) daughters, a brother and a step-son not born by her but by her previous husband, that is not her biological son. How will the estate be divided? Is the step-son, who is not her biological entitled to inherit?
The son from the deceased ex husband will not inherit from the deceased since he has no biological ties to the lady.
The three daughters will inherit 2/3 of her property, which means that each daughter will receive 2/9
The only living brother will inherit the remainder = 1/3
Allah Knows Best!
Shukran,
Allah Knows best.
More email questions sent in as follows:-
1. I am a widow living with my Mother and one Son. I have two brothers. How will my inheritance be divided upon my death?
Answer:
MOTHER = 1/6
SON = 5/6
BROTHERS do not inherit, since she has a living son (male heir)
Total = 1
Allah Knows Best!
2. I am an adult male having a living Mother, Wife, one Son, one Daughter, one Sister and one Brother. How will my inheritance be divided upon my death?
Answer:
WIFE = 1/8 (=9/72)
MOTHER = 1/6 (=12/72)
SON = 17/36 (=34/72)
DAUGHTER = 17/72
BROTHER/SISTER do NOT inherit since the son (male heir) is present.
Total 72/72 = 1
Allah Knows Best!
Please see a question ans answer related to Islamic Inheritance which I have received by email as follows:-
QUESTION
My father has passed away. My mother is alive. I have a wife and two daughters and two grand children from my older daughter. I also have a sister and a brother.
1. How will my estate be divided if I am the one to pass away first?
2. How will my Mothers estate be divided if she passes away first?
3. My wife has no parents but has a living sister only. How will her estate be divided if she passes away first?
ANSWER:
Lets take the cases of husband, mother, and wife separately as follows -
1. HUSBAND
If the husband dies first, then,
his wife takes 1/8 share since you have children,
his living mother takes 1/6 share,
his two daughters take 1/3 share each making up 2/3.
This makes up a total of 1/8 + 1/6 + 2/3 = 15/24 leaving a remainder of 9/24 of the estate.
his brother and sister will then divide this remainder (9/24) in the proportion of 2:1 (male:female) where the brother gets 6/24 and the sister gets 3/24 thus making up the whole estate.
2. MOTHER
If the husbands mother dies first, then, since she has no living parents, her children, 2 sons and 1 daughter will inherit her whole estate in the ratio of 2:1 (male:female), which implies that each of the sons will receive 2/5 ( 2 sons = 4/5) and the daughter will receive 1/5 making up the whole.
3. WIFE
If the wife dies first, then,
her husband gets 1/4 since she has children,
her two daughters get 1/3 each making up a total of 2/3.
this makes a total of 1/4 + 2/3 = 11/12 leaving a remainder of 1/12.
the only surviving sister will receive this balance of 1/12 (even though her share is actually 1/6 but since there is insufficient estate to meet that and she is the last of the inheritors, the remainder becomes her portion).
Allah Knows Best!
Please see a question ans answer related to Islamic Inheritance which I have received by email as follows:-
QUESTION
My father has passed away. My mother is alive. I have a wife and two daughters and two grand children from my older daughter. I also have a sister and a brother.
1. How will my estate be divided if I am the one to pass away first?
2. How will my Mothers estate be divided if she passes away first?
3. My wife has no parents but has a living sister only. How will her estate be divided if she passes away first?
ANSWER:
Lets take the cases of husband, mother, and wife separately as follows -
1. HUSBAND
If the husband dies first, then,
his wife takes 1/8 share since you have children,
his living mother takes 1/6 share,
his two daughters take 1/3 share each making up 2/3.
This makes up a total of 1/8 + 1/6 + 2/3 = 15/24 leaving a remainder of 9/24 of the estate.
his brother and sister will then divide this remainder (9/24) in the proportion of 2:1 (male:female) where the brother gets 6/24 and the sister gets 3/24 thus making up the whole estate.
2. MOTHER
If the husbands mother dies first, then, since she has no living parents, her children, 2 sons and 1 daughter will inherit her whole estate in the ratio of 2:1 (male:female), which implies that each of the sons will receive 2/5 ( 2 sons = 4/5) and the daughter will receive 1/5 making up the whole.
3. WIFE
If the wife dies first, then,
her husband gets 1/4 since she has children,
her two daughters get 1/3 each making up a total of 2/3.
this makes a total of 1/4 + 2/3 = 11/12 leaving a remainder of 1/12.
the only surviving sister will receive this balance of 1/12 (even though her share is actually 1/6 but since there is insufficient estate to meet that and she is the last of the inheritors, the remainder becomes her portion).
Allah Knows Best!
Asalmu’alaikum,
I was reading ‘The Islamic Law of inheritance’ written by you. MashAllah a great effort you have done. Respected sir, I need some help from you regarding Inheritance. Recently i lost my beloved father and unfortunately now we have come to the stage of dividing his belongings amongst family. Am not mature enough to understand these things that’s why i am writing to you to seek the right ways and division of my fathers belongings in Ehle Sunnis perspective as i am Ehle Sunni. If you can please help me with it i would appreciate it a lot. I dont want to do anything against sunnah and Quran as ill have to face my Allah one day thats why before taking any step i wanted to ask a Scholar like you for advice and right way. I have written the number of family member beneath and if you can please clearly explain me how much should be given to each individual and whether some of the members are eligible to get it or no.
The incident took place all of sudden and my father didnt leave any will.
Family members:
My Grand father.
My Grand Mother.
My Father ( Who passed away, his property is being divided)
My 2 uncle’s ( My fathers brother’s)
My 5 Aunts ( My fathers sister’s)
2 son’s including me ( From my Father)
2 sister’s( From my Father)
And our beloved Mother.
Grand Mother ( From my mothers side)
Grand Father ( From my mothers side)
My mothers one brother
2 sisters of my Mother
All the above people are alive, now the favour which i am asking you is to tell me how much share goes to each of the person, and who is eligible to get it. I would be grateful if you can help me out with this division of inheritance in the light of Holy Quran and Sunnah. May Allah(s.w.t) showers his blessings upon us all. Allah hafiz.
If you can please send me the details on fahad.bokhari21@hotmail.com would make it much easier for me.
Dear Syed Fahad Bokhari,
The inheritance distribution according to Islamic Shariah Law should be divided on the whole estate that your father left behind, as follows:-
WIFE of Deceased (your mother) = 1/8 share of the whole estate
FATHER of Deceased = 1/6 of the whole estate
MOTHER of Deceased = 1/6 of the whole estate
This makes up a total of 1/8 + 1/6 + 1/6 = 11/24 leaving a balance of 13/24 which the two sons will take equally as follows -
SON1 of deceased = 13/48 of the whole estate
SON2 of deceased = 13/48 of the whole estate
thus totaling 11/24 + 13/48 + 13/48 = 48/48 (the WHOLE estate)
Your paternal Uncles and Aunts DO NOT inherit anything since your Grand Father and you, and your brother are living and are inheriting from your father. The male ascendants and descendants (father/sons) eliminate the siblings of the deceased as per Allah’s Law.
Your maternal Grandparents do not inherit anything from your Fathers estate. Also your maternal brothers and sisters do not inherit from your father.
Allah Knows best!
I have sent you this response by email as requested.
Dear Syed Fahad Bokhari,
The inheritance distribution according to Islamic Shariah Law should be divided on the whole estate that your father left behind, as follows:-
WIFE of Deceased (your mother) = 1/8 share of the whole estate
FATHER of Deceased = 1/6 of the whole estate
MOTHER of Deceased = 1/6 of the whole estate
This makes up a total of 1/8 + 1/6 + 1/6 = 11/24 leaving a balance of 13/24 which the two sons will take equally as follows -
SON1 of deceased = 13/48 of the whole estate
SON2 of deceased = 13/48 of the whole estate
thus totaling 11/24 + 13/48 + 13/48 = 48/48 (the WHOLE estate)
Your paternal Uncles and Aunts DO NOT inherit anything since your Grand Father and you, and your brother are living and are inheriting from your father. The male ascendants and descendants (father/sons) eliminate the siblings of the deceased as per Allah’s Law.
Your maternal Grandparents do not inherit anything from your Fathers estate. Also your maternal brothers and sisters do not inherit from your father.
Allah Knows best!
I have sent you this response by email as requested.
Isatou Bah asked on May 25, 2012 at 4:38 am
If the decease is convert from christianity to islam and married a muslim wife but had four son and three daughters out of wedlock. Both his parents are death and the rest of the family are all still christians who inherits what?
Answer:
The Mulsim spouse of the deceased will inherit 1/8 of his estate
The children will also inherit as long as they are all Muslim in the proportion of 2:1 for the son:daughter.
Allah Knows Best!
Dear Mr. Fazli,
"The Wills Ordinance applies to Muslims in Sri Lanka. Therefore the restriction of 1/3, or the question of not including Quaranic heirs do not apply. Muslims in Sri Lanka can dispose by will the whole of their wealth as they please. If the Quaranic heirs are not included in the will, they take nothing. This is the present legal position in Sri Lanka. Islamic Law applies only in the absence of a will".
Is this position correct?
Regards,
Zulficar Thahir
Yes, you are correct. While the Islamic Law of Inheritance according to Shariah prevails in Sri Lanka it is overridden by the Wills ordinance which allows a Muslim to write a will in favor af anyone whom he or she chooses and denying the Quranuic rights of the inheritors as ordained by Allah.
What this implies, simply, in lay terms is that writing such a Will defies Allah’s Law that is stated in the Quran.
Muslims are free to choose whatever they please according to their needs as human beings but they have to understand that what Allah Has Decreed in the Qur’an is through His Wisdom and Knowledge and Understanding of His Creation and it has to be the Best for the Ummah. No man made edict or law or conclusion can replace His Command.
Hence the choice is in the hands of the believer.Either he/she goes with what Allah Has Decreed or goes by his own whims and fancies.
Another simple analogy is the permissibility of polygamy for Muslim males. Many women scorn upon this edict and defy it saying they will never accept it from their husbands. Whom are they truly defying?
While Polygamy for males is allowed it is not mandatory. Yet, the choice is in the hands of the man and he can make up his mind to avail it as he thinks fit and no woman believer has the right to oppose it unless she has it written down as a condition during the Nikah (marriage contract) which is permissible.
Allah Knows Best!
Imran asks on August 8, 2012 at 9:41 pm
Salaam,
please answer me my question is how property will be divided when a man dies lives behind 2son, 5daughter and step wife, pls reply me as fast as possible. khuda hafiz
Imran
Since the deceased man has NO parents living at the time of his death, the inheritance division of his estate will be as follows:-
WIFE = 1/8 (which is equal to 9/72)
Remainder = 7/8
SON 1 = 2/9 of remainder (7/8) = 14/72
SON2 = 2/9 of remainder (7/8) = 14/72
DAUGHTER 1 = 1/9 of remainder (7/8) = 7/72
DAUGHTER 2 = 1/9 of remainder (7/8) = 7/72
DAUGHTER 3 = 1/9 of remainder (7/8) = 7/72
DAUGHTER 4 = 1/9 of remainder (7/8) = 7/72
DAUGHTER 5 = 1/9 of remainder (7/8) = 7/72
TOTAL = 9/72 + 14/72 + 14/72 + 7/72 + 7/72 + 7/72 + 7/72 +7/72 = 72/72 = 1 (WHOLE)
Allah Knows Best!
[The reason we try and bring all the shares under a common denominator (72 in this example) is to make it easier to understand the calculation. Otherwise if we choose to use the simple fractions only then in the above case it will be as follows: WIFE=1/8, SONS=7/36 each, DAUGHTERS=7/72 each]
Sarah has a complex situation based on her question dated Aug 4. Let us take the situation one by one based on each family members passing away as follows:-
1. Sarah's fathers oldest brother died first while the rest (G/Father, Father, 1 Uncle, 1 Aunt, were alive). He had no kids and his wife's whereabouts are also unknown. If that was the case at the time of his death then all his wealth and property should have been inherited by his father (Sarahs G/Father) after giving his wife (Sarah's Aunt) her portion of 1/4 which is her due since there were no kids.
2. Sarah's father dies next. His property should now have been divided as follows:-
Wife (Sarah's Mother) = 1/8 (since the deceased has living children)
Father (Sarah's G/Father) = 1/6
which totals 1/8 + 1/6 = 7/24
Remainder = 17/24 which should have been divided between Sarah and her brother in the proportion of 1:2 ie Sarah gets one third = 17/72 and her brother gets two third = 34/72
This makes up the whole estate of Sarah's deceased father as follows:
Sarahs Mother = 1/8 = 9/72
Sarahs G/Father = 1/6 = 12/72
Sarah's brother = 34/72
Sarah = 17/72
Thus giving, 9/72 + 12/72 + 34/72 + 17/72 = 72/72 = 1 (The Whole)
3. Sarah's Grand father dies next, while 2 paternal uncles, 1 paternal aunt, are alive
The Grand Fathers property/wealth should have been divided as follows:-
Living Uncle 1 = 2/5
Living Uncle 2 = 2/5
Living Aunt = 1/5
Neither the deceased sons (Sarah's deceased uncle and her deceased father) nor any of their children inherit from the deceased Grand Fathers estate.
4. Next, Sarah's next uncle dies leaving behind 2 sons. His estate should have been divided as follows:-
Uncles wife (if living at that time) = 1/8
Uncles 2 sons = 7/16 each making a total of 7/8
thereby, Uncles wife + Uncles 2 sons = 1/8 + 7/8 = 8/8 = 1 (Whole)
5. Next Sarah's unmarried Aunt dies leaving no spouse and no children
Her estate will be inherited entirely (100%) by her remaining brother (Sarah's last Uncle in USA). None of her nephews/nieces will inherit from her estate since her brother is alive.
6. Next, Sarah's last uncle dies leaving NO children. Hence his estate should have been divided as follows:-
Uncles wife (if alive at the time of his death) = 1/4 (since he has no children)
Remainder (3/4) should have been divided between Sarah's two male cousins (deceased uncles children), Sarah's brother and Sarah, in the proportion that each male gets twice the share of the female (Sarah) ie each of Sarah's male cousins and her brother get 2/7 OF the remainder (3/4) while she (Sarah) takes 1/7 OF the remainder (3/4) thus making up the last Uncles estate as follows:-
Uncles wife = 1/4 = 7/28
leaving a remainder of 3/4
Sarahs Cousin 1 = 2/7 of 3/4 = 6/28
Sarah's Cousin 2 = 2/7 of 3/4 = 6/28
Sarah's Brother = 2/7 of 3/4 = 6/28
Sarah = 1/7 of 3/4 = 3/28
Hence we have 7/28 + 6/28 + 6/28 + 6/28 + 3/28 = 28/28 = 1 (Whole)
Sarah's last Uncles wife is correct when she says that her husbands fathers (Sarah's Grand Father) was NOT entitled to be inherited by Sarah, her brother nor her living male cousins, since Sarah's Uncle was alive when her Grand Father died.
However, she has no right to hold on to Sarah's Grandfathers property which should have been divided accordingly at the time of his death (as mentioned above in 3)
The fact that Sarah's Mom invested in Sarah's grandfathers house does not give Sarah, her brother or her Mum any right to the ownership of the property unless a written agreement was made at the time of the investment with regard to what Sarah's Mom will get in return for that investment. However, by the fact that is well known to all concerned that Sarah's Mom invested in the house it is nothing but decency and common courtesy for the family members to return that investment amount to Sarah's Mom. The issue here is whether that money as invested with the intent that she will benefit from it as inheritance or whether it was done in good faith without expecting anything in return. So it is purely a internal agreement that needs to be discussed, accepted and shared according to what is just and fair between all parties.
I hope that is clear? If not please state your concerns and I will try and make myself more simpler in understanding this complicated matter.
As long as we are God Fearing Muslims we must all try to look at the situation in all its clear cut vision and come to a common agreement where no one is denied his/her rightful share, investment or whatever else. Common sense based on justice plays a great part in making such a decision.
Eating the share of orphans, unduly, is like Fire in the Belly, remember as mentioned by Allah Himself in His Qur'an.
Allah Knows Best!
Salaam,
please answer me my question is how property will be divided when a man dies lives behind 2son, 5daughter and step wife, pls reply me as fast as possible. khuda hafiz
Imran
My father died in the presence of my grandfather. My grandfather has the house in Pakistan and my mom invested in that property after my father death,(like make new rooms so we can live there). My grandfather insisted us to live with them.
My grandfather had four sons and one daughter. Now all my uncles and aunt are dead, grandfather is dead.
My aunt was unmarried. One uncle was died long time ago without any kids and Allah knows where his wife is. Second was my father (who also died young) and he left me and my brother. my third uncle died after my grandfather death and has two sons. and finally my fourth uncle died and have no children.
My aunt from the fourth uncle told us that we have no right in that property since my father is the only one who died in the presence of my grandfather that disentitles us from the inheritence of the grandfather altogether.
My uncle died in USA and he has no kids, and obviously no brother and sister remaining, and his wife is the one who are making up all the rules. she also have my grandfather house in custody and thinks she deserve the most because she has no kids.
She is also denying my other cousins whose father died after my grandfather death.
Can you please tell us what is the islamic law about that grandfather property, with only us(me, my brother and two cousins) left. Does it matter if son dies in the life of father matter???
And also about the property of my uncle with no kids but the mean wife.
JazakAllah Khair
waheed asks:
July 29, 2012 at 2:10 pm
sir A mother died & keeps behind some money how can a family members divided money among us.pl give us solution.tks
First, we need to know who are the living heirs after the death of the Mother.
1. If She has living children, then the Husband inherits 1/4 (one quarter) of her wealth (money, property, furniture, assets, etc)
2. Is he leaves NO living children, then the Husband inherits 1/2 (one half)
3. If she leaves behind living Sons and Daughters, then her children inherit the remainder, after the Husbands Share has been given, in the proportion of 2 shares to the son and 1 share to the daughter.
4. If she leaves behind only 1 living daughter then this daughter gets 1/2 (one half), if there are 2 living daughters, then they take 1/3 (one third) each making up 2/3 (two thirds)
5. If she leaves behind only sons, then they take the remainder equally after the Husbands share has been given.
6. If she leaves behind parents, both father and mother, then they take 1/6 (one sixth) each. If no Father and only Mother, then Mother takes one third (1/3)
7. If No father and No Sons, then the deceased brothers and sisters will inherit from the remainder in the proportion of 2:1 for brother:sister
The order of apportioning the inheritance should be as follows:-
1. Spouse (Husband)
2. Father/Mother
3. Sons/Daughters
4. Brothers/Sisters
Allah Knows Best!
Fazli
sir A mother died & keeps behind some money how can a family members divided money among us.pl give us solution.tks
Bilal bin Habib & Muhammad Kashif Abdullah asked about property/wealth that has already been gifted by the deceased during his lifetime:-
Answer: Islamic Inheritance is distributed ONLY from what the deceased owns, by way of wealth, property, real estate, jewellery, furniture, and other possessions. Whatever the deceased has gifted, transferred, or bequeathed to his/her heirs before death that does not belong to the deceased at the time of death does not count as a part of the inheritance.
Allah Knows best!
i have mistaken in my question. my question is a man dies and lives behind him his wife, parents and 3 daughters. how property will be divided.
i have mistaken in my question. my question is a man dies and lives behind him his wife, parents and 3 daughters. how property will be divided.
Veena, Sorry for the delay in responding cos I missed seeing your question.
First,
The wife gets 1/8 of the estate of the deceased since he left behind children (3 daughters)
The Father gets 1/6
The Mother gets 1/6
That makes 1/8 + 1/6 + 1/6 = a total of 11/24
Remainder is 13/24
This remainder is divided equally between the three daughters each one receiving 13/72 of the estate.
hence the TOTAL = 1/8 + 1/6 + 1/6 + 13/72 + 13/72 + 13/72
which when brought under the lowest common denominator (LCM) becomes
TOTAL = 9/72 + 12/72 + 12/72 + 13/72 + 13/72 + 13/72 = 72/72 = 1 (The Whole Estate)
Allah Knows Best!
many people have asked me question about inheritance which i cannot answer. please answer me my question is how property will be divided when a man dies lives behind 3 daughter, wife and a mother, pls reply me as fast as possible. khuda hafiz
Respected Sir
I want to know something about inheritance that if a person give different quantity of gold to its heirs and dowry to female heirs ( 50 tolas to Daughter 25 tolas to one son and 12 tolas to another son) whether it will be considered in estate after his death because if it is not included in inherted part received be female will increase than the male which is unjust. If a property is given to one of the son of deceased and legaly transfered to him. please guide me as soon as possible along with proofs from hadiths.
Thanks
Muhammad Kashif Abdullah
My mother died last year, there was a house in her name, actually the land was purchased by her but the house was constructed on it by my father as a gift to her.
Before her death she Gifted(Hibba) that house to both her sons(myself & my younger brother). I want to know that was her decision justified as per the injunctions of the the Holy Quran. What does Islamic Law says about a property purchased by a women through her own resources/income
response to asker of June 10 2012:
You and your brother can only inherit from your biological parents, siblings and children, (ans also your spouses) and not from anyone else. If your adopted parents chose to leave a will (maximum 1/3 of their wealth/property) in your favour then you are entitled to it as per Shariah Law.
Allah Knows best! – Fazli
my parants adopted me and my older brother when i was 2 and my brother was new born . my mother she was my old sister ,and my father was my old sisters husband. i grew up to call them mother and father . . they raised us as their sons but they never told us even one time they adopted me and my older brother . we both are married and has children , they even raised our children and loved them so much . i believe no body can do it . they passed away recently . ( mother ( my old sister ) 10 years ago and father ( my old sisters husband ) just couple month ago . i know both of us are not blood relatives . but my father has his blood relatives ( sisters ) . they left big property and some valuble stuff . my question is can we be inherit from them . i have no idia what my father said about us our inheritance .
Question posed by M Hasan on June 7 2012.
If the estate was gifted by deed to your sisters by their parents, during their lifetime, according to the law of the land then, I believe, you may not have any claim to any of it by law, even though it is a violation of the Islamic Shariah Law of Inheritance, since Sri Lanka is not an Islamic State and does not impose Shariah Law in such matters.
Allah Knows Best! – Fazli
Dear Bro, Fazli Sameer,
salaam to you..
May ALLAAH reward you for your service in this site explaining ALLAAH's Law to our ummah..
I am from Rajagiriya and have a big problems with my family members..
I have 04 sisters ( all are married ) and I am the only son . No daddy. Mom lives..
my mother had 05 LOTS of land each around 25 perches , worth of around 25 million rupees , which have been gifted to all my 04 sisters . They spoiled my life ( I can tel you in details , INSHA ALLAAH , if I meet you in person )
I WAS LEFT NOTHING .
They threw me out of house . Now I am staying renting a room ..
I now decided to get the LEGAL REMEDY for my problems..
1. CAN YOU PLEASE REPLY ME HOW TO DEAL WITH THIS PROBLEMS LEGALLY ??
2. WHOM I CAN MEET TO DISCUSS REGARDING THIS PROBLEMS ?
3. CAN YOUR ADVISORY PANEL HELP ME TO GET THE PROPER ADVISE IN THIS REGARD.?
PL REPLY ME TO MY MAIL..
mun62hssn@gmail.com
MAY ALLAH SHOWER HIS RAHMATH UPON YOU ..PL HELP ME TO GET MY SHARE FROM MY FAMILY…
BROTHER ,
Hassan.M
On Jun 1 2012 Ifthekharus asked 4 questions which Iam taking one by one as follows,
"1. kindly explain how the property of the woman if she died leaving husband ,three sons and four daughters will be shared as per sharia?"
The HUSBAND is entitled to ONE-FOURTH (1/4) of the deceased womans estate since she has children. If she didnt have kids he would have inherited ONE HALF (1/2)
The remaining THREE FOURTH (3/4) will be divided between the sons and daughters in the proportion that each son will receive twice as much as each daughter. This means that the remaining HALF of the estate must be divided into TEN equal parts and each son will receive 2 PARTS (3 sons X 2 = 6 PARTS) while each daughter will receive 1 PART (4 daughters X 1 = 4 PARTS)
To make it even more convenient for division across all heirs it is advisable to FIRST divide the WHOLE PROPERTY into 20 EQUAL PARTS.
Husband = 10 PARTS (10 out of 20 = 1/2)
Son #1 = 2 PARTS (2 out of 20 = 1/10)
Son #2 = 2 PARTS (2 out of 20 = 1/10)
Son #3 = 2 PARTS (2 out of 20 = 1/10)
Daughter #1 = 1 PARTS (1/20)
Daughter #2 = 1 PARTS (1/20)
Daughter #3 = 1 PARTS (1/20)
Daughter #4 = 1 PARTS (1/20)
Hence the total will amount to 10 + 2 + 2 + 2 + 1 + 1 + 1 + 1 = 20 PARTS
OR in fractions 1/2 + 1/10 + 1/10 + 1/10 +1/20 +1/20 +1/20 +1/20 = 20/20 = 1
"2. further what is the percentage of the share a father can make will if he has sons and daughters and no wife?"
Any believer, man or woman, is ONLY entitled to leave a MAXIMUM of ONE-THIRD of his/her TOTAL ESTATE by written WILL to ONLY those who are NOT legal heirs. In other words the WILL CANNOT be made in favor of the surviving sons and daughters and they MUST inherit what has been decreed by ALLAH as stated in the Qur'an.
"3. can he write a will his property to sons and daughters?
NO. Answer is explained in 2 above
"4. what is the percentage of his property he can waqf? this property will be taken from cash, real estate, household furnitures,equipments etc or only real estate.?"
ONE THIRD of the Total Estate is the maximum
It can be taken from any of his ESTATE, be it property, cash, furniture, equipment. What is important here is to assess the TOTAL VALUE and arrive at ONE-THIRD as the maximum allowable to be willed to Waqf.
Allah Knows Best! – Fazli
On Mar 31 2012 Ayman wrote, "Br.Fazli, Thanks for sharing your knowledge on inheritance. What is the ruling on people appropriating mosque property for their use.? To the best of my knowledge “waqf”property cannot be bought or sold or used for any other purpose."
This is not an inheritance related question, however I will give my own views on it. As far as I am aware Waqf property is governed entirely by the Waqf Board related to that entity (Mosque, Madarsah etc) and can only be disposed of by this Board based on their constituion of governance.
Allah Knows Best! – Fazli
dear Fazil,
salam ,kindly explain how the property of the woman if she died leaving husband ,three sons and four daughters will be shared as per sharia .
further what is the percentage of the share a father can make will if he has sons and daughters and no wife? can he write a will his property to sons and daughters ? what is the percentage of his property he can waqf? this property will be taken from cash,real estate, household furnitures,equipments etc or only real estate.?
salam
dear Fazil,
salam ,kindly explain how the property of the woman if she died leaving husband ,three sons and four daughters will be shared as per sharia .
salam
Br.Fazli,
Thanks for sharing your knowledge on inheritance. What is the ruling on people appropriating mosque property for their use.? To the best of my knowledge “waqf”property cannot be bought or sold or used for any other purpose.
Isatou Bah – asked on May 25, "If the decease is convert from christianity to islam and married a muslim wife but had four son and three daughters out of wedlock. Both his parents are death and the rest of the family are all still christians who inherits what"
Adopted and Illegitimate children DO NOT inherit anything under Islamic Law. However, the parents may deem it fit to bequeath up to a maximum of ONE THIRD (1/3) of their TOTAL ESTATE to them if they choose to do so as a matter of kindness and caring, just as much as they can do so for all other NON HEIRS as defined by Islamic Shariah Law. Allah Is Most Merciful!
None of the Non Muslim blood related heirs will inherit. Thus, if the deceased has NO real Muslim heirs then all of his estate will go to the Baithul Mal for the benefit of the Muslim Community at large.
Allah Knows Best!
Abdul Bari – asked on May 13, "My question is actually if the widow dies with leaving only daughter as heir and no other child. The widow has 2 brothers and a sister. does any share of her property is entitled by her brothers and sister ?"
If the deceased left onl;y ONE daughter then she (the daughter inherits ONE HALF
If the deceased also left behind brothers and sisters then, in the ABSENCE of her father or any other male heir (however high above her father, eg; grand father, great grand father etc), her SIBLINGS (brother/sisters) will inherit the remaining HALF in the proportion of 2:1 for the MALE:FEMALE
Allah Knows Best!
If the decease is convert from christianity to islam and married a muslim wife but had four son and three daughters out of wedlock. Both his parents are death and the rest of the family are all still christians who inherits what
The Mulsim spouse of the deceased will inherit 1/8 of his estate
The children will also inherit as long as they are all Muslim in the proportion of 2:1 for the son:daughter.
Allah Knows Best!
ASAK Brother Fazli,
Thank you so much for your response.
My question is actually if the widow dies with leaving only daughter as heir and no other child. The widow has 2 brothers and a sister. does any share of her property is entitled by her brothers and sister ?
Thank you again.
@Abdul Bari,
Abdul Bari – asked on May 13, “My question is actually if the widow dies with leaving only daughter as heir and no other child. The widow has 2 brothers and a sister. does any share of her property is entitled by her brothers and sister ?”
If the deceased left onl;y ONE daughter then she (the daughter inherits ONE HALF
If the deceased also left behind brothers and sisters then, in the ABSENCE of her father or any other male heir (however high above her father, eg; grand father, great grand father etc), her SIBLINGS (brother/sisters) will inherit the remaining HALF in the proportion of 2:1 for the MALE:FEMALE
Allah Knows Best!
fehrigarbiharmel asked, on Mar 13, 2010,
"Salaam, If a father divides his property whin his sons , not including any of the daughters , and then one of the sons died , leaving no inheritors behind, what happens to that portion ? does it get divided between the remaining brothers, or do the sisters also have a claim on it. pls reply ASAP. Jazakallah Khair."
In such a case, the father has wronged his daughters initially by depriving them of their rightful shares. If the surviving brother will even agree, now, it is better for him to see that that his sisters get their due share from original amount of their fathers inheritance. This will correct a wrong and give respite to the deceased father in his Akhira.
On the death of one of the sons, the sisters will ONLY inherit, if the deceased son has no MALE ascendant or descendant (GRANDFATHER upwards, and SON downwards)
As long as there is a MALE ascendant (Father/Grand Father, Great Grand Father etc OR Son, Grandson, Great Grand son etc) the SIBLINGS will not inherit.
Allah Knows best!
Fazli
The brother and sisters of the deceased will inherit the
Abdul Bari asked om May 9 2012, "ASAK, Could you please explain the inheritance of a widow with only 1 daughter and 2 brothers and a sister. what share will go to the only daughter and is there is any share for brother or sister. Thanks"
The ONLY daughter will inherit ONE HALF of the deceased FATHER's property/wealth
The Widow will inherit ONE EIGHTH of her deceased HUSBAND's property/wealth
This then makes up 5/8 of the whole property and the remainder is 3/8
Yes, there is a share for the brothers and sisters of the DECEASED only (not the Siblings of the Widow), in the absence of any MALE heir upwards (FATHER/GRAND FATHER however high) or downwards (SON, GRAND SON, however low) of the DECEASED.
The SIBLINGS (brothers/sisters who are alive) of the DECEASED will inherit THE REMAINDER (3/8) in the ratio of 2:1 for the BROTHER:SISTER, as the male will inherit twice the share of the female.
In this particular case, since there are 2 BROTHERS and 1 SISTER, the remainder of 3/8 will be shared as follows:-
BROTHER #1 = 3/20
BROTHER #2 = 3/20
SISTER #1 = 3/40
which will make up 3/20 + 3/20 + 3/40 = 15/40 = 3/8
To make the DISTRIBUTION more conveniently understood and easy for sharing the best course of action, in this particular case is to:-
1. DIVIDE the PROPERTY/WEALTH into 40 PARTS (eg: if total amount of property/wealth is Rs 40,000, then each part = Rs 1,000)
2. DISTRIBUTE as follows:-
DAUGHTER gets 20 parts (20/40 = 1/2)
WIDOW (WIFE) gets 5 parts (5/40 = 1/8)
BROTHER 1 gets 6 parts (3/20 = 6/40)
BROTHER 2 gets 6 parts (3/20 = 6/40)
SISTER 1 gets 3 parts (3/40)
totalling 40 PARTS OUT OF 40
If the wealth/property remaining is in various kinds, eg; cash, real estate, jewelry, furniture, household equipment, etc etc, then you have to apply the same RATIO shown above to each of them, accordingly.
The HEIRS can surely AGREE between themselves to forfeit their individual shares in favor of another HEIR only. They cannot forfeit to a NON Heir before the distribution. However, they can donate their respective shares to anyone they choose after they receive it only. Agreements of this nature usually arise when the property/wealth left behind by a deceased is not practical to split into portions, eg; CLOTHES, FURNITURE, CROCKERY, HOUSEHOLD EQUIPMENT. A financial valuation of these items will suffice to arrive at the final distribution as long as the RIGHT proportions are given to the individual heirs according to Shariah. An alternate is to sell the goods and convert it into cash if the heirs are NOT agreeable on the actual portions of these material items. Thats the MOST IMPORTANT factor. Each heir MUST receive his/her RIGHTFUL share. Anyone eating into another heirs share illegally is actually consuming FIRE in his/her belly as Allah Himself says in the Qur'an.
See Sura An Nisa Verses 4:11 and 4:12 which are very clear on this distribution.
Allah Knows best!
Fazli
The brother and sisters of the deceased will inherit the
ASAK,
Could you please explain the inheritance of a widow with only 1 daughter and 2 brothers and a sister.
what share will go to the only daughter and is there is any share for brother or sister.
Thanks
Salaam,
If a father divides his property whin his sons , not including any of the daughters , and then one of the sons died , leaving no inheritors behind, what happens to that portion ? does it get divided between the remaining brothers, or do the sisters also have a claim on it. pls reply ASAP. Jazakallah Khair.
Salam. Could you please explain to me the share of a granddaughter whose father died before the gandfather.
Also, does the person who took responsiblity of his father for 35 yars and had built the house (that is to be shared) for his father is entiltled more.
Thank you.
Salam.
Elfehri
The Granddaughter, in the absence of her Father will oinly inherit if there are NO Paternal Uncles left. Paternal Aunts do not deprive her of her share.
If she is the ONLY living heir, then she inherits the WHOLE
If she is an Heir in addition to a Paternal Aunt then the Aunt gets 3/4 and she (granddaughter) gets 1/4
If there are Paternal Uncles then she gets NOTHING
No heir will get any increase or decrease in his/her share on accountr of his material, personal, emotional contributions to wards the deceased. All shares are based entirely on valid MATHEMATICAL percentages based entirely on who remains after a person has deceasd.
Fazli
can you please let me know which comment to remove ?
salams
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