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Inheritance According To Islamic Sharia Law – by Fazli Sameer

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:

  1. son;
  2. son’s son
  3. father;
  4. father’s father;
  5. brother;*

– half brother*

– step brother*

  1. brother’s son;

half brother’s son;

  1. father’s brother;

father’s half – brother;

  1. son of father’s brother;

son of father’s half – brother;

  1. husband
  2. The freed male slave.

*(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:

  1. daughter
  2. son’s daughter;
  3. mother;
  4. grandmother;
  1. sister;
  2. wife
  3. freed slave – girl

 

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:

  1. children of daughter;
  2. children of sister;
  3. brother’s daughter;
  4. daughter of father’s younger or elder brother;
  5. father’s step brother;
  6. maternal uncle;
  1. mother’s sister;
  2. father’s sister;
  3. mother’s father;
  4. mother’s father’s mother;
  5. children of mother’s sister.

 

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

  1. for two or more daughters;
  2. for two or more son’s daughters;
  3. for two or more sisters;
  4. for two or more half- sister;

The 1/3 share is

  1. for two or more of mother’s children;
  2. for the mother in the absence of child, or son’s child or two or more brothers or sisters;
  3. some times for the grand father when there are brothers and sisters,

The 1/2 share is

  1. For one of the four sets of females mentioned above when she is alone.
  2. for the husband when his wife leaves no issue.

The 1/4 share is

  1. for the husband when the wife leaves children;
  2. for the wife when the husband leaves no children

The 1/8 share is

  1. for the wife when her husband leaves children

The 1/6 share is

  1. for the father when the deceased leaves children;
  2. for the grandfather;
  3. for the mother when the deceased leaves children or two or more brothers and sisters;
  4. for the grandmother when the deceased leaves children or two or more brothers and sisters;
  5. for the son’s daughter when the deceased has one daughter;
  6. for one or more half – sisters when there is a sister
  7. 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.

  1. The son disentitles the son’s children
  2. The father disentitles the grand father;
  3. The mother disentitles her mother;
  4. A father and mother disentitle the father’s mother
  5. The father and/or the son disentitled the brother
  6. These three (father, son, brother) disentitle the half brother
  7. The father, grandfather, and children disentitle the step – brother.
  8. The father, the grandfather, the son, the son’s son, the brother, the half- brother, disentitle the brother’s son.
  9. The above seven persons disentitle the son of the half- brother
  10. The above eight persons disentitle the brother of the father.
  11. The above nine persons disentitle the half- brother of the father
  12. 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

  1. Inheritance by lineage
  2. inheritance by marriage ties
  3. inheritance by a slave obtaining freedom
  4. Inheritance by a public body or establishment like the Baitul Mal or Treasury.

There are four means by which inheritance may be lost.

  1. The inheritor having any connection (even indirectly) with the cause of the death of the person whose heir he is
  2. his becoming a Kafir
  3. his becoming a slave
  4. 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.

Note: 4:12 refers to UTERINE (same mother, diff father) siblings while 4:176 refers to FULL (same father and mother) or CONSANGUINE (same father diff mother)  siblings

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)

FULL BROTHER’s & SISTER’s (combination) = 2:1

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.

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Sailan Muslim

Our purpose is to secure and promote the legitimate interests of the Sri Lankan Muslims, considering as legitimate only those Muslim interests that are consistent with the national interest. It is apolitical and non profit making effort. The other reason is that Muslim politicians have been marginalized to a serious extent over many decades, and cannot therefore fully represent Muslim interests. An effective Muslim website can be useful in bringing about this change. Our aim is to unite our community to speak with one voice and to promote an understanding and interactive dialogue with other communities. We are dedicated to make this website a success with the objective of promoting truth, justice and harmony among all citizens of Sri Lanka with unbiased, accurate, truthful and balanced information. More @ About Us Disclaimer The entire content of this website (sailanmuslim.com) is for information purposes only. Individual comments, news, Articles and stories are based upon the opinions of the respective authors, who retain copyright as marked. The information on this website is intended as a sharing of knowledge and Information only. Sailan Muslim Foundation.

About shiraz fouz

Our purpose is to secure and promote the legitimate interests of the Sri Lankan Muslims, considering as legitimate only those Muslim interests that are consistent with the national interest. It is apolitical and non profit making effort. The other reason is that Muslim politicians have been marginalized to a serious extent over many decades, and cannot therefore fully represent Muslim interests. An effective Muslim website can be useful in bringing about this change. Our aim is to unite our community to speak with one voice and to promote an understanding and interactive dialogue with other communities. We are dedicated to make this website a success with the objective of promoting truth, justice and harmony among all citizens of Sri Lanka with unbiased, accurate, truthful and balanced information. More @ About Us Disclaimer The entire content of this website (sailanmuslim.com) is for information purposes only. Individual comments, news, Articles and stories are based upon the opinions of the respective authors, who retain copyright as marked. The information on this website is intended as a sharing of knowledge and Information only. Sailan Muslim Foundation.

706 comments

  1. AoA Fazli sameer brother!
    you are doing nice work may ALLAH give u all the happiness in life
    my question is my grandfather died leaving 5 sons and 7 daughters NO wife
    kindly tell me how his property which is one kanal can be divided amongst sons and daughters
    if possible kindly tell me the formula as well
    jazakALLAH

  2. In the name of Allah…

    Grand Father died in 2001
    Wife-1 died in 1949 (No children)
    wife-2 died in 1955 (1 son and 1 daughter)
    wife-3 died in 2008 (1 son and 4 daughters)

    All of them are alive and how the property will be divide among themselves as per islamic law?

    • 3rd wife and 2 sons and 5 daughters are entitled to inherit the property of your grandfather. Only children of 3rd wife are entitled to inherit her property,

  3. Assalamoalikum,

    Let me start by saying that this is an amazing, in-depth and informative article.

    I am in a very odd situation and would be ever so grateful if you could help me with my problem. I have a grandmother (father’s mother) who has no parents. She had two children (a son and a daughter) both of which passed away. She has six sisters.

    What are the islamic laws when it comes to inheritance in this case? I mean is there any way that she can gift the entirety of her assets and properties to someone else? Am I even entitled to anything given that my father passed away? Also on a side note: does she have any responsibility in paying for my expenses, education and living?

    Thank You!

  4. as salaam wa alaikum,

    When my grandfather passed away he left no will, hence my father and his siblings divided the his property amongst themselves based on sharia. My father wants to give up his inheritance in favour of my aunts and uncle.
    As a grandson , do I have a right to claim inheritance from my grandfathers property even though my father is still alive and is it legal for my father to give away his share of the inheritance without his children’s consent?

    Thank you,

  5. Dear sir,
    salaam to you….

    A question is always in mind ,ie. WHY CAN NOT MAKE A LAW TO ESTABLISH JUSTICE WHEN THE PARENTS , WHILE THEY ARE LIVING , SHARE PROPERTIES AMONG CHILDREN AND FORBID THEM FROM GIVE AWAY MORE PORTION OF THEIR PROPERTIES TO WOMAN THAN MALE IN A MANNER THAT WILL CAUSE MALES IN GREAT PAIN , POVERTY ,HARDSHIP ,FRUSTRATION AND DISHARMONY ?

  6. Dear Sir,

    I have a query for which I have been reading various books but failed to get to a conclusion.

    If a woman (X) aged 85 was never married and obviously had no children, X’s parents died years ago. The woman had 4 brothers and 3 sisters , all died before the X’s death except for one brother (Y) who died three months after X’s death. Now my question is weather X’s estate will be divided between the children of Y only or it will divided between the children of all the bothers and sisters of X. Meaning will property be divided between 4 dead brothers and 3 dead sisters and their children will take their shares??

    An explanation will be highly appreciated.

  7. Dear Brother Fazli Sameer…

    Assalam o alikum

    Is it true that if it come to the distribution of property in villages or agricultural lands in India, then muslim daughters have no right over it?
    My mother has four brothers , her parents died almost 20 years back. We do not know the current status of our mother’s share as per the will of my maternal grandfather as we do not have any access to that will. My uncles says what ever given at the time of marriage of our mother was sufficient for her and she is not entitled for any other thing. they also say most of the property is wakf so she is not eligible to take her share.
    In the light of your vast experience what you have to suggest to us. Hope to have your guidance.

    Jazaak Allahu khair wassalaam

    Mohammad Khan

  8. As-salamu alaykum

    Dear Mr. Sameer,

    Can you please layout the distribution in the following case:

    . Grandfather left behind land and house
    . He married again after grandmother died so had two wives (both deceased)
    . Children of first grandmother:
    . 4 sons (one deceased) and 3 daughters (one deceased)
    . Children of second grandmother:
    . 3 sons and 2 daughters

    By using an online calculator I get:
    2 Wives: 1/16 each
    7 Sons: 7/76 each
    5 Daughters: 7/152 each

    But how does this change when some of the mentioned above are deceased?

    Thank you in anticipation and appreciating your efforts regarding this important subject matter.

    Sincerely, Usman

  9. Assalamu Alaikum,

    Please explain how to distribute wealth in this scenario:

    My brother died leaving only a wife and one daughter. Both of our parents have died earlier. We are 3 brothers and 3 sisters as follows:

    My father and his wife 1: 2 brothers (1 is the deceased brother) and 1 sister
    My father and his wife 2 (my mother): 2 sisters and 1 brother

    My query is how my deceased brother’s properties will be distributed among all the heirs.

    Thanks.

  10. AOA,

    I have a query regarding the ancestral property left behind by my Maternal Grandfather.

    My maternal grandpa passed away after a prolonged illness and didn’t leave any will behind.

    He was survived by my maternal grandmother, my mother (only daughter) and three sons (one of them is no more and his wife has since then remarried)

    My Grandmother while she was alive had made a will that she would like to “Gift” the portion of the property in which she was living to her daughter (my mother). She had made the will in 2002 and she passed away in 2009.

    The current state of affairs is that the eldest son has taken over almost the entire property and keeps threatening my mom that he will annex the two rooms that my granmother used to live in but are till in possession of my mother.

    What according to the Sharia Law would be the share of the remaining legal heirs and how much share of each:

    * Eldest Son (resident Indian)
    * Middle Son (is now a foreign national)
    * Younger Son (Deceased and his wife has remarried)
    * Youngest Daughter (Resident Indian and she also has my Granmother’s will which gifts her the portion of the property in which my Grandmother used to live (two rooms))

    Basel

    • Response to Basel who wrote on Sep 15 2014

      We have to take the case of your Grandfather first. On his passing away, he was survived by your Grandmother (his wife) your Mother (his Daughter) and three Uncles (his Sons)

      So, the distribution of his wealth and property should be as follows:-

      WIFE (Your Grandmother) = 1/8 share, Remainder = 7/8 share

      3 SONS = (Your maternal Uncles) = 6/7 of 7/8 = 3/4 share (Each Son gets 1/4 Share)
      DAUGHTER (Your Mother) = 1/7 of 7/8 = 1/8 Share

      Total = 1/8 + 3/4 + 1/8 = 8/8 = 1 (Whole)

      Next, the case of your Grandmother. When she died she left behind a Daughter (your Mother) and 3 Sons (your Maternal Uncles). So their shares are as follows:-

      3 Sons = 6/7 Share (Each Son gets 2/7 Share
      1 Daughter = 1/7 Share

      Total = 6/7 + 1/7 = 7/7 = 1 (Whole)

      The Will of your Mother is not valid under Islamic Shariah Law as the shares of her Sons and Daughters are already prescribed by Allah i the Qur’an. Unless you are able to enact this will through legal means in the country where you live this will has no bearing under Islamic Shariah Law. If your Grandmother had wished, she could have transferred that portion of her share to your Mother while she was alive and this would have been perfectly legal.

      The Youngest son’s share has to be distributed to his wife (who was still married to him at the time of his death) and his children who were alive then.

      Allah Knows Best!

  11. Assalam O alikum,

    Kindly advice the inheritance of property as per shariat in the fol. scenario.

    The property is in my mother;s name who died 5 years ago, we are six people living now i.e. my father, we are two sons, three daughters.

    Please advice what is the share of husband,sons(2) and daughters(3)

    Thanks n regards
    Shakeel Akram

    • Response to Shakeel Akram who posted on Sep 9 2014

      HUSBAND = 1/4 share, Remainder = 3/4

      2 SONS = 4/7 of 3/4 = 3/7 Share (Each Son gets 3/14 Share)
      3 DAUGHTERS = 3/7 of 3/4 = 9/28 Share (Each Daughter gets 3/28 Share)

      Total = 1/4 + 3/7 + 9/28 = 28/28 = 1 (Whole)

      Allah Knows Best!

  12. Salaamualkum,

    Thank you for the article. I have a question. My mother passed away and she was the only person on the house deed. How the property will divide. My father is alive (Allhamdulliah) and I have a step mother (no children) and total 4 brothers. 3 of the brothers is married and have 2 children each. 1 brother is still single. If you will be very kind to inform me I will appreciate your time and effort. May Allah give you abundance of Barakah.

    • Response to Favad who posted on Sep 5 2014

      FATHER = 1/4 share
      4 SONS = 3/4 share (Each Son will receive 3/16 share)
      All CHILDREN of a deceased get the same share irrespective of whether they are married or single.
      STEP MOTHER does not inherit from your Mother.

      Total = 1/4 + 3/4 = 4/4 = 1 (Whole)

      Allah Knows Best!

  13. Aoa:

    I have a different scenario. Three brothers, of two are deceased and one still alive, had verbal agreements in respect to properties invested in India. The brother who is alive had no monetary involvement and was given a 1/3 share to care for the investments, while the two other brothers deceased more than 10 years ago, invested the funds on the properties being cared for India. The verbal agreement basically was equal share between all.

    The brother who is still alive, transferred all properties under his name, his wife, and son. He is around 75 years of age and properties invested in was done more than 30 years ago or so. Today, the value of properties in India have sky rocketed.

    We the children of the other two brothers who are now deceased, have been asking for our share for the longest time. The brother (uncle) is not denying that we don’t have shares, but he is not willing to part our shares and is not telling us about all the investments. We have been trying the Shariah way, but no results till date. Everytime we push the topic, he gets defensive and asks for proof that they, the brothers, had any verbal agreement. He and his family have been enjoying the investments all these years and greed has gotten in too them. This person performs Hajj and Umrah almost every year. He is not denying and at the same time not giving our shares. He is not also giving anything in writing either. His son and wife fold their hands and say they have no say and he/uncle will decide. The son of the uncle also states that the initial investment made by our fathers at the time (30 years ago) was minimal compared to todays value and that we are only entitled to the amounts invested at the time and slightly more, but not the 1/3 equal share as agreed upon between the brothers.

    Today, we the children, also reaching at ages above 50 and our children are also coming to ages of getting married. We are in need of financial assistance. He knows and we also know that he was to distribute the shares after the deaths of his brothers, but he is not budging.

    We all sons of the deceased brothers reside outside India. How can we go about getting our rights? the proper Islamic way. This family has become greedy and our fathers who trusted him as being their own, has betrayed them. They are now deceased. We know of this fact when they were alive, but, no real written proof. Please help in any way possible. Salaams.

    • The most important requirement in this case is to determine who the legal owner of the properties invested in India at the time of your Grandfathers death.

      Verbal agreements are not permissible to determine ownership of property between family members unless ALL of the family involved are agreeable to it based on their understanding of the facts of the situation that prevailed at that time.

      For Islamic Shairah Inheritance to be executed one has to determine the wealth, properties, investments, and monies owned by a deceased at the time of his/her death.

      Thus in this particular case we need to first understand that if the above mentioned properties and investments were owned by your Grandfather at the time of his death, then those properties and investments need to be divided between his Spouse, Parents (if living) and Children (Sons and Daughters living at that time). Once this is established then each one can claim his share according to Islamic Law.

      If, as you have stated, the concerned brother has transferred all of the properties and investments under his name legally, within the law of the land where he lives in, then no one else can claim it from him.

      The only available recourse to try and receive the rightful shares of your Grandfather is to be able to reconcile with this brother and make him agree and distribute the shares according to Islamic Shariah Law. Everything depends on his Fear of Allah and Imaan.

      Allah Knows Best!

  14. Assalamualaikum,
    My paternal aunt passed away. She had seven 6 brothers who are all deceased and she was the only daughter. Her husband passed away too. My grandparents passed away too. She does not have any children of her own. Each of her brother have a Number of children. She had 17 nephews and 8 nieces in total. If you could please tell me how her assets would be distributed according to Islamic law I would be greatly obliged. May Allah reward you for your help to everyone!

    Thank you

    • response to Nabil who wrote on Aug 13 2014

      If she has NO living parents or Children then all her wealth and property will be divided equally by her 6 brothers (who were alive at the time of her death) each receiving 1/6 share.

      Allah Knows Best!

  15. Asslaamualikum,
    Would like to know the scenario of property division.

    My Father passed away leaving one house as a whole property, which he himself constructed (not inherited from my grand father). During his life he named the property to his wife (my mother).

    He passed away 5 years ago and now family members are,

    His wife (our mother)
    3 Sons (all married and have kids)
    3 Daughters (all married and have kids)

    My mother do not want to take any share of property and wants to distribute it to the kids (3 sons and 3 daughters), as she is getting old and wants to divide the property in her life.

    Can you please enlighten us on how the house property to be distributed.

    JazakaAllahu khair

    • response to Saadat Ali who wrote on Aug 10 2014

      A.
      If the property is solely owned by your Mother now, she may choose to divide it to all her children in any way she chooses, preferably in equal shares to be just and fair to them. If she wants to divide it in the Islamic Shariah Law of Inheritance which applies to the heirs of a deceased person only then she can distribute it to her children were each son gets twice the share of each daughter. In this case each son will get 2/9 and each daughter will get 2/18.

      Total = 2/9 + 2/9 + 2/9 + 2/18 + 2/18 + 2/18 = 18/18 = 1 (whole)

      B.
      If, however, the property is still in your Father’s name (ownership), then it has to be first divided as per Islamic Shariah Law of Inheritance to his heirs after his death as follows:-

      WIFE = 1/8 share
      Remainder = 7/8 share
      3 SONS = 2/3 of 7/8 = 7/12 share (Each son gets 7/36 share
      3 DAUGHTERS = 1/3 of 7/8 = 7/24 (Each daughter gets 7/72 share)
      Total = 1/8 + 7/12 + 7/24 = 24/24 = 1 (whole)

      Now, the wife (your Mother) can distribute her 1/8 share to all of her children in any way she wishes (preferably equal shares to be just and fair by all of them which will amount to 1/48 share each)

      If you choose to apply this methodology then each son will receive 7/36 + 1/48 = 31/144 share and each daughter will receive 7/72 + 1/48 = 17/144 share

      Then, the total will be as follows:-
      31/144 + 31/144 + 31/144 + 17/144 + 17/144 + 17/144 = 144/144 = 1 (whole)

      In all fairness to the family members and in line with the laws of Inheritance, this seems to be the ideal manner of distribution if the property is still in the name (legally) of your deceased Father.

      If, it has been transferred legally to your Mother, then the distribution mentioned above in (A) should apply.

      Allah Knows Best!

  16. if a person died leaving behind wife, three daughters and father, mother and three brothers and three sisters. How his property will be distributed among them according to sharia law.
    Moreover same person left another wife who have no children and she marriage to another person after his death then what will be the property division of property among them.

    • response to khalid mehmood who wrote on Aug 10, 2014

      WIFE #1 = 1/16 share
      WIFE #2 = 1/16 share
      FATHER = 1/6 share
      MOTHER = 1/6 share
      3 DAUGHTERS = 2/3 share

      Total = 1/16 + 1/16 + 1/6 + 1/6 + 2/3 = 1 1/8 (which is greater than 1, hence the shares need to be reduced proportionately using the Islamic Inheritance principle of AWL as agreed by all Muslim scholars)

      Thus the new (reduced) shares will be as follows:-

      WIFE #1 = 1/18
      WIFE #2 = 1/18
      FATHER = 4/27
      MOTHER = 4/27
      3 DAUGHTERS = 16/27 (Each Daughter receives 16/81 share)

      Total = 1/18 + 1/18 + 4/27 + 4/27 + 16/27 = 27/27 = 1 (whole)

      [Note AWL is applied only when the total shares of all the heirs of a deceased exceeds 1]

      Allah Knows Best!

  17. Assalam o Alikum,

    Both my parents are still alive, so I understand that they have complete freedom on how to distribute the wealth among us (2 brothers and 5 sisters). However, since Islamic inheritance law provides the fairest guidelines, how should the wealth be divided given the following condition.

    The elder brother took control of the father’s business and gradually father relinquished complete administrative and financial duties to him. He now solely provides for the household expenses and also bore the expenses and duties for carrying out the sisters’ marriages. The family business has also grown significantly after the elder brother took control. If father is now interested to divide his property according to islamic inheritance law during his lifetime, then how should it be carried out?

    Thanks for your time

    • Response to Waqas who wrote on Aug 8, 2014

      There is no ruling in Shariah for such a distribution or division of property except that the Sunnah requires all such transactions to be fairly done s that no one will be mistreated or denied their rights.

      If, however, the living parents wish to divide their wealth and property to their children in the same manner as it would be distributed after their death they are free to do so and this will result in each male child receiving twice the share of each female child. It is important to keep in mind, in this situation, that only Allah Knows who will depart first.

      If, on the other hand the living parents and the children wish to divide the property and wealth between each other based on whatever that has already transpired in terms of the efforts and contributions already delivered for running the business and developing it, then the family members must sit together and make a collective decision that is acceptable to all on how to divide and receive their respective shares.

      In all such matters mutual consultation and collective decision is the recommended way.

      Allah Knows Best!

  18. Md. Nadeem Akhtar

    Assalam Alaikum,
    Meri Ammi ka inteqal ho gaya hai. Or unke naam se Ghar or Zameen hai. Hum 5 bhai bahan hain. Walid hamari hayat hain. Woh ye chahte hain ke is property ko apne zindagi me apne bachhon me taqseem kar den. To brahekarm aap hamen Hadees or Quraan ke hawale se hamen ye batayen ki ye hissa kiska kiska hoga or kaise hamare walid ise taqseem karen.

  19. muhammad shAFIQUE

    sir janab assalamoalikum
    ak bande ka intaqal howa us ke shari waris 1 widow 1 sister of 2 bahi hain wo kas tarah taqseem ho g

  20. My grandfather died in 1985 , leaving a plot to be distributed-
    had 3 sons & 3 daughters & wife
    one son died on 2002 – leaving 3 childrem ( 2 sons & 1 daughter)
    one son died on 2003- Leaving wife without children
    one daughter died on 2012- leaving , husband, son & daighter
    wife ( grandmother) died 2013, no one son & 2 daughters are alive

    How the property can be distributed ?

    • Response to Sallauddin who wrote on July 14 2014

      We have to take the inheritance distribution, step by step, in stages since we have multiple deaths of heirs from time to time, as follows:-

      1. GRANDFATHER DIED IN 1985
      Inheritance Shares of the Heirs of the Grand Father are as follows:-

      WIFE (died in 2013) = 1/8 share
      SON 1 (died in 2002) = 2/9 of 7/8 share = 7/36 share
      SON 2 (died in 2003) = 2/9 of 7/8 share = 7/36 share
      SON 3 (living) = 2/9 of 7/8 share = 7/36 share
      DAUGHTER 1 (died in 2012) = 1/9 of 7/8 share = 7/72 share
      DAUGHTER 2 (living) = 1/9 of 7/8 share = 7/72 share
      DAUGHTER 3 (living) = 1/9 of 7/8 share = 7/72 share

      Total = 1/8 + 7/36 + 7/36 + 7/36 + 7/72 + 7/72 + 7/72 = 72/72 = 1 (whole)

      2. SON 1 died in 2002 leaving behind his MOTHER, 2 SONS & 1 DAUGHTER, 2 LIVING BROTHERS and 2 LIVING SISTERS
      Inheritance Shares of the Heirs of SON 1 are as follows:-

      MOTHER = 1/6 share
      2 SONS = 4/5 of 5/6 share = 2/3 share (Each SON gets 1/3 share)
      1 DAUGHTER = 1/5 of 5/6 share = 1/6 share
      2 BROTHERS/2 SISTERS = NIL (Siblings DO NOT inherit in the presence of a SON)

      Total = 1/6 + 2/3 + 1/6 = 6/6 = 1 (whole)

      3. SON 2 died in 2003 leaving behind his MOTHER, WIFE, NO Children, 1 LIVING BROTHER and 3 LIVING SISTERS
      Inheritance Shares of the Heirs of SON 2 are as follows:-

      WIFE = 1/4 share
      MOTHER = 1/6 share
      Total = 5/12, Remainder = 7/12 share
      1 LIVING BROTHER = 2/5 of 7/12 = 7/30 share
      3 LIVING SISTERS = 3/5 of 7/12 = 21/60 share (Each Sister gets 7/60 share)

      Total = 1/4 + 1/6 + 7/30 + 21/60 = 60/60 = 1 (whole)

      4. DAUGHTER 1 DIED IN 2012 leaving behind her MOTHER, HUSBAND, 1 SON & 1 DAUGHTER, 1 LIVING BROTHER and 2 LIVING SISTERS
      Inheritance Shares of the Heirs of DAUGHTER 1 are as follows:-

      HUSBAND = 1/4 share
      MOTHER = 1/6 share
      Total = 5/12, Remainder = 7/12
      1 SON = 2/3 of 7/12 = 7/18 share
      1 DAUGHTER = 1/3 of 7/12 = 7/36 share
      1 LIVING BROTHER/2 LIVING SISTERS = Nil (Siblings DO NOT inherit in the presence of a SON)

      Total = 1/4 + 1/6 + 7/18 + 7/36 = 36/36 = 1 (whole)

      5. GRANDFATHERS WIFE (GRANDMOTHER) DIED IN 2013 leaving behind 1 SON and 2 DAUGHTERS
      Inheritance Shares of the Heirs of the Grand Fathers WIFE are as follows:-

      1 SON = 1/2 share
      2 DAUGHTERS = 1/2 share (Each Daughter gets 1/4 share)

      Total = 1/2 + 1/2 = 2/2 = 1 (whole)

      Allah Knows Best!

  21. My aunt (momani) was widow wih only one daugther. Aunt passed away and left one house on her name, at the time of death she left a daugther, 2 brothers and 3 sisters. Her daughter is now married. What will be property distribution formula of her house/ property. Regards

    • DAUGHTER = 1/2 share
      2 BROTHERS = 4/7 of 1/2 = 4/14 share (Each Brother gets 2/14 share)
      3 SISTERS = 3/7 of 1/2 = 3/14 share (Each Sister gets 1/14 share)

      Total = 1/2 + 4/14 + 3/14 = 14/14 = 1 (whole)

      Allah Knows Best!

  22. Assalamo aleykum,

    Kindly explain me  share in inheritence from father if there are 6 sisters with no brother and a mother. One uncle (Fathers brother) only with two sons. The property  iincludes agricultural land  and residential house and plots. I heard that in such case the property earned by father like plots and house is for daughters and wife only and no share of uncle or cousins. The  sisters are married but living in poverty while uncle does not support or take care of them. rather he sold agriculture land of their father and did not give them share. he thinks as they dont have brother, he and his sons are the ultimate owners of brothers property. Though the Father is very old but still alive mashALLAH but sadly not interested in helping his daughters. Rather he thinks that his brother has right on his property more than his sons in law who are out of family. If father transfers plot to daughters wou;ld it be against sharia. Plz guide at the eaerliest. JazakALLAh kheir.

    • Response to Mrs Qureshi who wrote on July 11 2014

      On the death of the Father, the inheritance of the living family members will be as follows:-

      WIFE = 1/8 share

      6 DAUGHTERS = 2/3 share (Each Daughter receives 1/9 share)

      Remainder goes to the BROTHER of the deceased (If he is the only Living Sibling. If NOT it will be sgared by all his Living Siblings where each Male will get twice the share of each Female) 

      The father is free to distribute any of his wealth and property to ANY of his family members in any proportion he chooses if he wishes while he is alive. There are NO laws that determine such distribution.

      The Islamic Law of Inheritance only prescribes the shares of the heirs of a DECEASED.

      Allah Knows Best

  23. Assalamu Alaikum Dear Brother Fazli

    I left my husband 2 years ago due to harrassment, intimidation, physical and mental abuse. I filed a police report on my departure. As a working woman I hae contributed to the running of the household with my income. Our family home was purchased by my husband and paid for by him. My husband is planning to sell the house, and give some part of the proceeds to my 2 children while keeping the major part for himself. He has no intention of giving me a single cent. Do i have any claims on this money even though we are now separated? If I file for divorce do I have any claims? Hope to hear from you soon.

    thank you!

    • Response to Siththa who wrote on July 11 2014

      You are only entitled to whatever that you legally own in keeping with the laws of the land you are living in. Your husband has every right to dispose of the property, if it is entirely owned by him legally, and distribute the proceeds to whomsoever he wishes in any proportion he chooses.

      You are only entitled to receive that portion of a Spouse's inheritance, if you are still legally married to him, after he dies.

      Allah Knows Best!

      • Dear Brother Fazli Assalamu Alaikum Thanks for your reply. This is Sitha writing once again – A further development has taken place. My husband says he will be filing for divorce around the same time he sells the house probably to deprive me of any proceeds from the sale of the house. What are my dues and rights re the funds from the sale. Am I entitled to a part of the proceeds, can I claim alimony? He is also not divulging the correct sale price. Hope to hear from you soon,

        • sitha wrote again on Aug 7 2014 Everything is dependent on the date and time of the final legal divorce. Once you are divorced you will NOT be entitled to any property, wealth or monies of your husband after his death. If you have legal shares in the house then you will still be entitled to your shares or income from the house whether it is still in your husbands possession or sold. This has to be managed through the legal system prevailing in your country. Allah Knows Best!

  24. In Sharia is it allowed for a father to give entire property to only one son during his life time without any share to other son and daughter?

    • Response to M A Siddiqui who wrote on July 10 2014

      During a believers lifetime he or she is entitled to give away his wealth and property to whomsoever they wish in any proportion they choose. The Islamic Law of Inheritance only comes in to effect when a believe dies and his family members are left to share the inheritance from whatever he owned.

      However, it is also a significant teaching from the Sunnah that Parents must be just and fair to their children.

      Allah Knows Best!

       

  25. If a believer died unmarried survived by

    1) 1 Full Brother & 3 Full Sisters

    2) 5  CONSANGUINE Borthers and 2 CONSANGUINE Sisters 

    3) 1 widow of Uterine Brother & 1 Uterine Sister

    How should the distribution happen?

    • Response to M A Siddiqui who wrote on July 10 2014

      1 FULL BROTHER = 1/3 share

      3 FULL SISTERS = 1/2 share (Each Full Sister receives 1/6 share)

      1 UTERINE SISTER = 1/6 share

      5 CONSNGUINE BROTHERS/2 CONSANGUINE SISTERS = Nil (The Full Siblings eliminate the Consaguine Siblings as per the consensus of all scholars)

      TOTAL = 1/3 + 1/2 + 1/6 = 6/6 = 1 (whole)

      Allah Knows Best!

  26. Salam u alaykum 

    My father passes away 25 years before my grandfather, 300,000 thousand is inherited to his grandchildren  which are 4 boys and one girl.  Does the girl receive equal or half of the brothers share?جزاكالله خير

  27. Dear Brother,

    Assalamualaikum.

    My grandmother owns a land and she wants to distribute it to her sons and daughters. She is a widow and I am the daughter of her eldest son. I want to know how her property will be distributed what will my father get? Also, is it possible to distribute the property before her death? Can she give 1/3 of her property as will to her youngest son's wife who has a daughter? Her youngest son that is my uncle died in her presence. What would the daughter inherit?

    regards,

    Muslimah

    • Response to muslimah who wrote on July 7 2014

      First, yu have to understand that the Islamic Law of Inheritance is only applicable aftyer the death of a believer. During ones lifetime one is free to distribute, donate, gift and transfer whatever one owns to anyone you please according to uour own persnal wishes. However, it is recommended in the Sunnah that one is just and fair with his/her family members.

      Yes, she can will 1/3 of her property to her youngest sons wife since she is not an heir to her inheritance.

      In the even your Grandmother dies first, before the rest of the family members mentioned in your question, then the inheritance will be shared as follows:-

      SONS (living only) get twice the share of all DAUGHTERS (living only)

      She can, if she chooses, distribute her property in this method while she is alive if she chooses to do so. That is fully valid for her to do.

      Allah Knows Best!

       

  28. Assalam alaykum. Kindly enlighten us on how to resolve this. My father died on June 3, 2014. All his wives that were not divorced are deceased. He is survived by 10 children as follows: 
    5 sons and 2 daughters from deceased first wife
    1 son from divorced wife
    1 son from deceased wife
    1 daughter from another divorced wife
    He left 2 commercial plots of land 
    He also left a private plot on which he built a 10-room house and a mosque.
    He had instructed before dying that his first son, an Imam, and descendants of the first son should preside over the mosque.
    He also has an only surviving sister and grand-daughters from a deceased daughter whose divorced mother is pleading her grand-daughters should benefit from the inheritance.
    Please help. May Allah reward your efforts. Maa salaam.

    • Response to Abdulfatah who wrote on July 6 2014

      Your Father's inheritance will be divided as follows:-

      7 SONS = 14/15 share (Each Son receives 2/15 share)

      1 DAUGHTER = 1/15 share

      Grand Daughters from deceased daughter = Nil (Grand children do not inherit when the deceased has ikmmediate male heirs (living sons).

      Allah Knows Best! 

      • Assalamu alaykum,
        Thanks for your response to my enquiry.
        Please the sharing formula is still not very clear to me.
        We are seven sons and three daughters. Your explanation appears to be for seven sons and one daughter. Please help.
        May Allah reward you.

        • Sorry for the confusion, the correct distribution is as follows:-

          7 SONS = 14/17 share (Each Son receives 2/17 share)

          3 DAUGHTERS = 3/17 share (Each Daughter receives 1/17 share)

          Total = 14/17 + 3/17 = 17/17 = 1 (whole)

          Grand Daughters from deceased daughter = Nil (Grand children do not inherit when the deceased has immediate male heirs (living sons).

          Allah Knows Best!

  29. AOA sir,

     

    my question is as follows,

    total land selling for 1cr 90lakh.

    this has to be distributed among, 4 sisters and 2 brothers. 

    so how much will one brother get from the total amount? I know brothers get double share of a sister, but how will this be calculated? As I know, wife and sister share per person is 12,5% and a brother gets 25%.

    my only question is what will be the amount each brother and sister getting from the total amount? Kindly reply me by email? Thanks jazaKAllah in advance.

     

    allah Hafiz  

     

    • Response to Mohammed who wrote on July 3 2014

      If the heirs of the deceased are only 2 BROTHERS and 4 SISTERS, then the division of the inheritance is as follows:-

      2 BROHERS = 1/2 share (Each Brother gets 1/4 share)

      4 SISTERS = 1/2 share (Each Sister gets 1/8 share)

      So,

      each Brother will receive 10,900,000/4 = 2,725,000

      each Sister will receive   10,900,000/8 = 1,350,000

      Allah Knows Best!

       

       

  30. Asak Sir,

    Its so Kind to get explansion on our doubts i must tell you that you doing a fabules Job Sir. May Allah bless you and lots of Duwa.

     

    Family Tree(for the case)

    Syed Abdul Jaleel (Died on 10-08-1980) (Property Owner)

                                    I

    Mrs.Saiydani Begum (Died on 18-07-2008) (Wife)

    (A) {Sons}                                                                                    

    1) Syed Hamid Jaleel                                       

    2) Syed Naimuddin                                           

    3) Syed Ajimuddin(Died on 16-05-2014)              

    (He was a bachelor, Class I heirs Not applicable)        

    4) Shamshuddin (died on 19-10-2010)                                 

    (Pre-Deceased)                                           

       I                                                     

    a) Mrs.Rukshana Shamshuddin(Wife)    

     *(Widow Wife)

    b) Shahin (Daughter)                                                  

    c) Jasmin (Daughter)                            

    d)  Amjad (Son)  

    ………………………………………………………………………

    (B) {Daughters) 

    1)  Mrs. Jamirunissa

    2)  Mrs. Arifa

    3)  Mrs. Shama (Died on 1-3-2010)

     (Pre-Deceased)

               I

    a) Mrs Mubeena Begum(Daughter)                       

    b) Rizwan (Son) (Power of attorney holder)

    c)Rafi (Son)

    d) Akeel (Son)

    e) Nasiruddin (Son) (Died on 5-2-2012)

                I

    Mrs. Noor Jashmi  (Wife)                                             

                                                          

    Explanation for the case

    After the death of their parents (Syed Abdul Jaleel and his wife Mrs.Saiydani Begum) all brothers and sisters came together for inheritance, sisters where paid of their share as cash by 3 brothers and widow wife, the property was released by 3 Sisters to 3 brothers and widow wife (Release Deed Dated: 14-12-2013). After Releasing the Property Mr.Syed Ajimuddin Passed away he was a bachelor and leaving behind his propery without any will.

    Sir Now question is who is the legal heiress of Mr.Syed Ajimuddin property? Further explanation to my question:

    1. As you see the three sisters have got there share and released the property to Mr.Syed Ajimuddin in which one sister is pre deceased. Do the pre deceased sister and other two sisters get the share in Mr.Syed Ajimuddin property?

    2. Sir my second question: Now there are two brothers and Widow wife,son and Daughter (Wife,son and Daughter of Pre Deceased Brother Mr Shamshuddin) so do the Pre Deceaseds Wife or son or daughter get the share in Mr.Syed Ajimuddin Property?

    Sir i request you to explain the inheritance and give me the reference so that i could explain them better  and need an explanation to the below paragraph. I know i am asking more from you sir please kindly help me

    Paragraph:

    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

    JazakAllahKhair.

    May Allah Bless You

    • Response to Syed Burhan who wrote on July 2 2014

      1. Since the brother Syed Ajimuddin died on 16-05-2014 at which time both his parents had already passed away. the brothers and sisters will be the only inheritors of his property. However, since one of the sisters, Mrs. Shama died on 1-3-2010 (before Syed Ajimuddin) her children will NOT inherit anything from Syed Ajmuddin as the brothers of Syed Ajmuddin are still alive. However, the living sisters are ALL entitled to their share from his property.

      2. The children of the pre deceased brother, Shamsuddin DO NOT inherit from Syed Ajimuddin's property.

      The Islamic Inheritance Law clearly specifices that ONLY those living heirs at the time of the death of a beloever will inherit from the property of the deceased. As long as there are MALE descendants then the second level heirs (grand children, nephews, nieces etc) are eliminated. If the deceased left ONLY female heirs then the nephews and nieces from his deceased brothers will be entitled to their share of his property.

      It is the duty of the male (brothers) to ensure the support and maintenance of their nephhews and nieces in the absence of their brother/sister, until such time as they grown up and able to support themselves.

      Allah Knows Best!

  31. Dear Shiraz sir,

    ASSLALMU ALAIKUM

    My name is Mohammed Firoz and lives in Kerala, India.  I HAVE A DOUBT REGARDING MUSLIM PROPERTY INHERITANCE LAW

    My grand mother  HAJARA died in 1991 and she holds a property of 2 acres ( Which she inherited from her father).

    After her death, My great grant mother FATHIMA  ( My grand mothers mother) died in 1997. How ever  before her death my great grandmother gave her share of property which she got from my grand mother ( 1/4 of 2 acres=0.5 acres, as per sharia law) equally to all her grand children ( Consisting of My mother Zuhra, and her sister Rukiya, Brothers Sulaiman and Zalim)

    Now there is a property dispute in my family regarding the partition of the remaining 1.5 acre plot.

    According to Islamic sharia law, what will be my mother, Zuhra's share? Is she eligible for equal share of her brothers?

    If not what will be her share?

    Kindly give me an answer

    Firoz

    • Response to Mohammed Firoz who wrote on June 26 2014

      Your MOTHER and her BROTHERS/SISTERS will share the remaining 1.5 acres of your GRANDMOTHER's property where each male will receive twice the share of each female as follows:-

      ZUHRA = 1/6 of 1.5 acres = 0.25 acres

      RUKIYA = 1/6 of 1.5 acres = 0.25 acres

      SULAIMAN = 1/3 of 1.5 acres = 0.5 acres

      ZALIM = 1/3 of 1.5 acres = 0.5 acres

      Total = 0.25 + 0.25 + 0.5 + 0.5 = 1.5 acres

      Please note that your GREAT GRANDMOTHER should have inherited only 1/6 share from your GRANDMOTHER's property and NOT 1/4 share as you have stated. See Qur'anic Reference below:

      Al Qur'an Chapter 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.

  32. Dear Fazli Sameer Saheb Assalamo-Alaikum!

    I request your guidance on heritance for the below mentioned scenarios.

    #1      A man died leaving 1 wife and 1 brother. 2 brothers and 2 sisters and both the parents died before him. Had no son, no daughter.

    #2      A man died leaving 2 son, 2 daughter. 1 wife, 3 brothers, 2 sisters, both the parents and 2 daughters died before him.

    #3      A man died leaving 1 wife, 3 sons, 5 daughters and 2 sisters. 1 brother, 2 sisters, both the parents died before him.

    May God bless you for your help!

    Thank you.

    • Response to Mohammad Siddiqui who wrote on June 26 2014

      Scenario #1: A man died leaving 1 wife and 1 brother. 2 brothers and 2 sisters and both the parents died before him. Had no son, no daughter.

      WIFE = 1/4 share (since the deceased had no children), Remainder = 3/4

      2 BROTHERS = 2/3 of 3/4 = 1/2 share (Each Brother gets 1/4 share)

      2 SISTERS = 1/3 of 3/4 = 1/4 share (Each Sister gets 1/8 share)

      Total = 1/4 + 1/2 + 1/4 = 4/4 = 1 (whole)

      Scenario #2: A man died leaving 2 son, 2 daughter. 1 wife, 3 brothers, 2 sisters, both the parents and 2 daughters died before him.

      WIFE = 1/8 share (since he had children), Remainder = 7/8

      2 SONS = 7/8 share (Each Son receives 7/16 share)

      3 BROTHERS = Nil (Siblings DO NOT inherit in the presence of SONS)

      2 SISTERS = Nil (Siblings DO NOT inherit in the presence of SONS)

      Total = 1/8 + 7/8 = 8/8 = 1 (whole

      Scenario #3: A man died leaving 1 wife, 3 sons, 5 daughters and 2 sisters. 1 brother, 2 sisters, both the parents died before him.

      WIFE = 1/8 share, remainder = 7/8

      3 SONS = 6/11 of 7/8 = 42/88 = 21/44 share (Each Son gets 7/44 share)

      5 DAUGHTERS = 5/11 of 7/8 = 35/88 share (Each Daughter gets 7/88 share)

      Total = 1/8 + 42/88 + 35/88 = 88/88 = 1 (whole)

      Allah Knows Best!

      • Thanks for your reply. There seems to be some confusion you understanding the scenario #1 & scenario #2. I'm sorry for not writing it clearly.

        Let me rewrite it.

        ~~Scenario #1: A man died leaving 1 wife and 1 brother ONLY. AND those who died before him are 2 brothers and 2 sisters and both the parents. Had no son, no daughter.

        ~~Scenario #2: A man died leaving 2 sons, 2 daughters ONLY. AND those who died before him are 1 wife, 3 brothers, 2 sisters, 2 daughters and both the parents.

        Jazak Allah Khair.

        • Scenario #1:

          WIFE = 1/4 share

          BROTHER = 3/4 share
           

          Scenario #2:

          2 SONS = 2/3 share (Each Son gets 1/3 Share)

          2 DAUGHTERS = 1/3 share (Each Daughter gets 1/6 Share)

          Allah Knows Best!

  33. You are doing a great service for Ummah by answering questions here.

    We are trying to sell our ancestral house plus adjoining land and distribute money as per Sharia amongst the heirs.

    Whole property was owned by our Grand Father.

    After the death of his first wife, Grand Father had married a widow, who had 1 son and 1 daughter from her first marriage. 

    1 son of second wife from her first marriage died in accident before the death of grand father and is survived by his wife.

    Grand Father had gifted lands adjoining to our ancestral house to his one real son and one real daughter in his life time which they used to build their houses.

    At the time of his death Grand Father was survived by his second wife, 1 brother , 7 sons and 5 daughters of his own and 1 son and 1 daugther of his second wife from her first marriage.

    After grand father's death, his brother, his second wife, 3 sons and 2 daughters have also died.

    Grand Father's brother is survived by his heirs.

    Grand Father's second wife's sister was alive at the time of her death but now she is also dead and does not have any heirs.

    Grand Father's second wife’s 1 daughter and 1 son's wife (from her first marriage) are still alive.

    One of the son who died, was not married so does not have any heirs.

    Other late sons' and daughters' surviving heirs are there.

    How the distribution should happen now?

    Jazak Allah Khair for your help.

    • Response to M A Siddiqui who wrote on June 20 2014

      First we have to take the situation that was present at the time of your Grandfathers death and who was remaining alive from the family at that time.

      SECOND WIFE = 1/4 share (since he had no children from his second wife)

      Remainder = 3/4

      7 SONS (all from first wife) = 14/19 of 3/4 = 42/76 = (Each son gets 6/76 share)

      5 DAUGHTERS (all from first wife) = 5/19 of 3/4 = 15/76 (Each Daughter gets 3/76 share)

      Total = 1/4 + 42/76 + 15/76 = 76/76 = 1 (whole)

      BROTHER does not inherit

      CHILDREN of Second Wife (from her first husband) do not inherit anything from him since they are not HIS children

      The inheritance of each of the persons (SECOND WIFE, 7 SONS, & 5 DAUGHTERS) is based on who was living at the time of each ones death.

      Allah Knows Best!

       

      5 DAUGHTERS (all from first wife) = 

      • Thanks for your reply but due to my ignorance I forgot to mention that out of 12 Sons and 5 Daughters, My grand father had 2 Sons and 3 daughters from second wife. 

        Here is a summary again based on your conclusion that his brother and children of his second wife from her first husband do not inherit anything:

        Grand Father was survived by his 
        1) Second wife
        2) 5 sons and 2 daughters from first wife.
        3) 2 sons and 3 daughters from second wife.

        Now when we are doing the distribution
        1) Second wife is also no more. Who gets her share?
        2) 1 son from his second wife is no more and was not married so no inheriters, who gets his share?
        3) 1 son and 1 daughter from first wife were given lands earlier, do we still have to include them?
        4) Shares inherited by sons and daughters who are now dead should go to their respective living inheriters?

        • SECOND WIFE = 1/8 share

          Remainder = 7/8

          7 SONS (5 from first wife and 2 from second wife) = 14/19 of 7/8 = 98/152 = (Each son gets 14/152 share)

          5 DAUGHTERS (2 from first wife and 3 from second wife) = 5/19 of 7/8 = 35/152 (Each Daughter gets 7/152 share)

           

          Total = 1/8 + 98/152 + 35/152 = 152/152 = 1 (whole)

           

          1.

          When the Second Wife passed away we have to see who was living after her in order to inherit her wealth/estate. According to your inquiry she had 1 Son & 1 daughter from her FIRST marriage and 2 Sons and 3 Daughters from her SECOND marriage thus making up 3 SONS/4 DAUGHTERS.

           

          So, assumimg that her Parents were not living at the time of her death all her property and wealth will be inherited by ALL her SONS/DAUGHTERS as follows:-

           

          3 SONS = 6/10 share (Each Son gets 2/10 or 1/5 share)

          4 DAUGHTERS = 4/10 share (Each Daughter gets 1/10 share)

           

          2.

          The share of the deceased son of the second wife will be inherited by his BRITHERS and SISTERS where each brother will get twice the share of the sister

           

          3.

          Whatever any of the Sons and Daughters were given when the parents were alive does not make any difference to the inheritance shares which are toyally based on what the deceased owned at the time of death.

           

          4.

          Yes, Whatever Shares that were inherited by the sons/daughters will now go to their descendants (spouses/children, if any) if they are not alive.

           

          Allah Knows Best!

           

          • Jazak Allah Khair for your reply.
            One more clarification needed for the son who died unmarried. 
            Will his share inherited by Only REAL Full Bother and Sisters From Same father and mother or will it be shared with CONSANGUINE and UTERINE borthers and sisters?

            Here is the summary, please let me know the distribution 

            He was survived by

            1) 1 Full Brother & 3 Full Sisters
            2) CONSANGUINE –  5  CONSANGUINE Borthers and 2 CONSANGUINE Sisters (Same Father and Different Mothers)
            3) UTERINE – 1 Uterine Brother & 1 Uterine Sister (Same Mother and Different Fathers)

  34. Assalam a alaikum,

    my father is died recently and my mother is alive i have 2 brothers and 2 sisters . In his life my father has give 30 lac to each sister and house at my native place. my father also has property given by my grandfather which my brother and mother sold without informing me and give all the money to my younger brother 

    now we have  20 acre land and 2 houses  at one city and 3 houses in another city.

    Please guide me the distribution of land and house.

    and tell me whether if my mother doesnot wish to give any property me is this correct?

    • Response to Qasim Ali who wrote on Jun 19 2014

      First and foremost we have to understand that whatever has already been given by your Father to any member of your family does not belong to him and hence will not fall under his inheritance distribution. Only what he owned at the time of his death will be used for distribution to his family members as ordained in the Qur'an and Authentic Sunnah.

      In this particular case, the distribution will be as follows:-

      WIFE of deceased (your MOTHER) = 1/8 share (Remainder = 7/8 share)

      3 SONS of deceased (You and your 2 Brothers) = 6/8 of 7/8 = 42/64 (Each SON will receive 14/64 = 7/32 share)

      2 DAUGHTERS = 2/8 of 7/8 = 14/64 (Each DAUGHTER will receive 7/64 share)

      Total = 1/8 + 42/64 + 14/64 = 64/64 = 1 (whole)

      No one in your Family has any right to deny the Rightful Shares of any family member as ordained by ALLAH in the Qur'an and explained by Muhammad (sal) in the Authentic Hadeeths.

      Allah Knows Best!

  35. Please guide us in the distribution of the property in following case

     

    A (died 1983) B (died 1980) and C (died 1987)

     

    Now after the death of C (1987) following was the situation. 

     

    A have 3 sons and 2 daughters and one wife 

     

    B have 3 Sons and no daughter

     

    C have one daughter and no son

     

    Please tell us regarding the distribution of "A" property after his death. 

     

    Please tell us particularly regarding the share of C wife..

     

    Thank you

    • Response to R Akbar who wrote on June 17 2014

      Lets first analyze the sequnce of the deaths of each A, B & C.

      B died in 1980
      A died in 1983
      C died in 1987

      When B died in 1980, his inheritance will be distributed as follows:-

      Wife (if living at that time) = 1/8 share

      3 SONS = 7/8 share (Each son will receive 7/24 share)

      When A died in 1983, his inheritance will be divided as follows:-

      WIFE = 1/8 share

      3 SONS and 2 DAUGHTERS will share the remainder 7/8 where each son will receive twice the share of each daughter

      When C died in 1987 he left 1 DAUGHTER and 1 SON,

      WIFE (if living) = 1/8 share

      DAUGHTER & SON = remaining 7/8 share where each SON will get twice the share of each DAUGHTER.

      You have NOT given any RELATIONSHIP between A, B & C so each has to be taken as a separate family with no connection to each other

      Allah Knows Best!
       

  36. Aoa. Please tell me how to distribute  among  two wives,no childern of deceasesd. No father and mother. three brother and three sisters Please tell soon..

    • Response to Rizwan who wrote on Jun 11 2014

      Wife #1 = 1/8 share

      Wife #2 = 1/8 share

      Balance = 3/4 share

      3 BROTHRS = 2/3 of 3/4 share = 1/2 share (Each Brother gets 1/6 share)

      3 SISTERS = 1/3 of 3/4 share = 1/4 share (Each Sister gets 1/12 share)

      TOTAL = 1/8 + 1/8 + 1/2 + 1/4 = 1 (whole)

      Allah Knows Best!

  37. Aoa. Please tell me how to distribute 25,00,000 among wife, 2 sons and 3 daughters of deceasesd. Please tell soon..

    • Response to Wardah who wrote on June 8 2014

      WIFE = 1/8 share = 312,500

      Remainder = 7/8 share

      2 SONS = 4/7 of 7/8 = 1/2 = 1,250,000 (Each Son will receive 625,000)

      3 DAUGHTERS = 3/7 of 7/8 = 3/8 = 937,500 (Each Daughter receives 312,500)

      TOTAL = 312,500 + 1,250,000 + 937,500 = 2,500,000

      Allah KNows Best!

  38. my father has died he has two house one he gifted to my sister in his life. Now after his death does my sister still has share in other property too.

    • Response to noor fatima who wrote on Jun 8 2014

      Yes, she has a share in whatever property your Father owned at the time of his death irrespective of what was gifted to her before by your Father.

      Allah Knows Best!

  39. Asak,

    I have a question With regards with the property, i woul like to know do predeceased relatives inherit any share according to muslim sharia or not if "Yes" Pleaase give the reference if "No" Please give the reference with example.

    Jazakallah Khair,

    Burhan

    • Response to Syed Burhan who wrote on Jun 5 2014

      The pre deceased DO NOT inherit from a believer since they are not present to receive their inheritance. If you review the Qurani'c Ayah's rel;ative to Islamic Inheritance you will note that it is referring to the LIVING descendants and NOT the deceased ones. Please scroll back on this page and check the three Ayah's quoted.

      Allah KNows Best!

      •  Asak Sir,

        Its so Kind to get explansion on our doubts i must tell you that you doing a fabules Job Sir. May Allah bless you and lots of Duwa.

         

        Family Tree(for the case)

        Syed Abdul Jaleel (Died on 10-08-1980) (Property Owner)

                                        I

        Mrs.Saiydani Begum (Died on 18-07-2008) (Wife)

        Sons                                                                                      Daughters

        1) Syed Hamid Jaleel                                        1)  Mrs. Jamirunissa

        2) Syed Naimuddin                                           2)  Mrs. Arifa

        3) Syed Ajimuddin(Died on 16-05-2014)              3)  Mrs. Shama (Died on 1-3-2010)

        (He was a bachelor, Class I heirs Not applicable)        (Pre-Deceased)

        4) Shamshuddin (died on 19-10-2010)                                 I

        (Pre-Deceased)                                  a) Mrs MubeenaBegum(Daughter)         

           I                                                     b) Rizwan (Son) (Power of attorney holder)

        a) Mrs.Rukshana Shamshuddin(Wife)    c)Rafi (Son)                                               *(Widow Wife)

        b) Shahin (Daughter)                             d) Akeel (Son)                       

        c) Jasmin (Daughter)                             e) Nasiruddin (Son)                                  d)  Amjad (Son)                                           I                           

                                                              Mrs. Noor Jashmi  (Wife)

        Explanation for the case

        After the death of their parents (Syed Abdul Jaleel and his wife Mrs.Saiydani Begum) all brothers and sisters came together for inheritance, sisters where paid of their share as cash by 3 brothers and widow wife, the property was released by 3 Sisters to 3 brothers and widow wife (Release Deed Dated: 14-12-2013). After Releasing the Property Mr.Syed Ajimuddin Passed away he was a bachelor and leaving behind his propery without any will.

        Sir Now question is who is the legal heiress of Mr.Syed Ajimuddin property? Further explanation to my question:

        1. As you see the three sisters have got there share and released the property to Mr.Syed Ajimuddin in which one sister is pre deceased. Do the pre deceased sister and other two sisters get the share in Mr.Syed Ajimuddin property?

        2. Sir my second question: Now there are two brothers and Widow wife,son and Daughter (Wife,son and Daughter of Pre Deceased Brother Mr Shamshuddin) so do the Pre Deceaseds Wife or son or daughter get the share in Mr.Syed Ajimuddin Property?

        Sir i request you to explain the inheritance and give me the reference so that i could explain them better  and need an explanation to the below paragraph. I know i am asking more from you sir please kindly help me

        Paragraph:

        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

        JazakAllahKhair.

        May Allah Bless You

      • Asak Sir,

        Its so Kind to get explansion on our doubts i must tell you that you doing a fabules Job Sir. May Allah bless you and lots of Duwa.

         

        Family Tree(for the case)

        Syed Abdul Jaleel (Died on 10-08-1980) (Property Owner)

                                        I

        Mrs.Saiydani Begum (Died on 18-07-2008) (Wife)

        (A) {Sons}                                                                                    

        1) Syed Hamid Jaleel                                       

        2) Syed Naimuddin                                           

        3) Syed Ajimuddin(Died on 16-05-2014)              

        (He was a bachelor, Class I heirs Not applicable)        

        4) Shamshuddin (died on 19-10-2010)                                 

        (Pre-Deceased)                                           

           I                                                     

        a) Mrs.Rukshana Shamshuddin(Wife)    

         *(Widow Wife)

        b) Shahin (Daughter)                                                  

        c) Jasmin (Daughter)                            

        d)  Amjad (Son)  

        ………………………………………………………………………

        (B) {Daughters) 

        1)  Mrs. Jamirunissa

        2)  Mrs. Arifa

        3)  Mrs. Shama (Died on 1-3-2010)

         (Pre-Deceased)

                   I

        a) Mrs Mubeena Begum(Daughter)                       

        b) Rizwan (Son) (Power of attorney holder)

        c)Rafi (Son)

        d) Akeel (Son)

        e) Nasiruddin (Son) (Died on 5-2-2012)

                    I

        Mrs. Noor Jashmi  (Wife)                                             

                                                              

        Explanation for the case

        After the death of their parents (Syed Abdul Jaleel and his wife Mrs.Saiydani Begum) all brothers and sisters came together for inheritance, sisters where paid of their share as cash by 3 brothers and widow wife, the property was released by 3 Sisters to 3 brothers and widow wife (Release Deed Dated: 14-12-2013). After Releasing the Property Mr.Syed Ajimuddin Passed away he was a bachelor and leaving behind his propery without any will.

        Sir Now question is who is the legal heiress of Mr.Syed Ajimuddin property? Further explanation to my question:

        1. As you see the three sisters have got there share and released the property to Mr.Syed Ajimuddin in which one sister is pre deceased. Do the pre deceased sister and other two sisters get the share in Mr.Syed Ajimuddin property?

        2. Sir my second question: Now there are two brothers and Widow wife,son and Daughter (Wife,son and Daughter of Pre Deceased Brother Mr Shamshuddin) so do the Pre Deceaseds Wife or son or daughter get the share in Mr.Syed Ajimuddin Property?

        Sir i request you to explain the inheritance and give me the reference so that i could explain them better  and need an explanation to the below paragraph. I know i am asking more from you sir please kindly help me

        Paragraph:

        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

        JazakAllahKhair.

        May Allah Bless You

      • Asak Sir,

        Its so Kind to get explansion on our doubts i must tell you that you doing a fabules Job Sir. May Allah bless you and lots of Duwa.

         

        Family Tree(for the case)

        Syed Abdul Jaleel (Died on 10-08-1980) (Property Owner)

                                        I

        Mrs.Saiydani Begum (Died on 18-07-2008) (Wife)

        (A) {Sons}                                                                                    

        1) Syed Hamid Jaleel                                       

        2) Syed Naimuddin                                           

        3) Syed Ajimuddin(Died on 16-05-2014)              

        (He was a bachelor, Class I heirs Not applicable)        

        4) Shamshuddin (died on 19-10-2010)                                 

        (Pre-Deceased)                                           

           I                                                     

        a) Mrs.Rukshana Shamshuddin(Wife)    

         *(Widow Wife)

        b) Shahin (Daughter)                                                  

        c) Jasmin (Daughter)                            

        d)  Amjad (Son)  

        ………………………………………………………………………

        (B) {Daughters) 

        1)  Mrs. Jamirunissa

        2)  Mrs. Arifa

        3)  Mrs. Shama (Died on 1-3-2010)

         (Pre-Deceased)

                   I

        a) Mrs Mubeena Begum(Daughter)                       

        b) Rizwan (Son) (Power of attorney holder)

        c)Rafi (Son)

        d) Akeel (Son)

        e) Nasiruddin (Son) (Died on 5-2-2012)

                    I

        Mrs. Noor Jashmi  (Wife)                                             

                                                              

        Explanation for the case

        After the death of their parents (Syed Abdul Jaleel and his wife Mrs.Saiydani Begum) all brothers and sisters came together for inheritance, sisters where paid of their share as cash by 3 brothers and widow wife, the property was released by 3 Sisters to 3 brothers and widow wife (Release Deed Dated: 14-12-2013). After Releasing the Property Mr.Syed Ajimuddin Passed away he was a bachelor and leaving behind his propery without any will.

        Sir Now question is who is the legal heiress of Mr.Syed Ajimuddin property? Further explanation to my question:

        1. As you see the three sisters have got there share and released the property to Mr.Syed Ajimuddin in which one sister is pre deceased. Do the pre deceased sister and other two sisters get the share in Mr.Syed Ajimuddin property?

        2. Sir my second question: Now there are two brothers and Widow wife,son and Daughter (Wife,son and Daughter of Pre Deceased Brother Mr Shamshuddin) so do the Pre Deceaseds Wife or son or daughter get the share in Mr.Syed Ajimuddin Property?

        Sir i request you to explain the inheritance and give me the reference so that i could explain them better  and need an explanation to the below paragraph. I know i am asking more from you sir please kindly help me

        Paragraph:

        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

        JazakAllahKhair.

        May Allah Bless You

  40.  Dear Sir,

    Assalam-o-Allaikum

    Husband died,detail of inheritants as under:-

    1- first wife alive (disable) having two daughter, school going. %age Amount

      1st daughter age- 13 year..%age Amount

      2nd daughter age- 9- year. 5age Amount

    2- 2nd wife alive having three(3) daughters & one (1) son school going. %age Amount

      1st daughter age- 9 year %age Amount

      2nd daughter age- 6 year %age Amount

     3rd daughter age-  1.5 year %age Amount

     son age- 8 year. %age Amount

    3- Deceased Father. alive.

    4- Mother was alive at the time of Deceased son, now died.%age Amount

    5- Three (3) brothers of deceased alive %age Amount

    6- Two(2) sisters of deceased alive.%age Amount

    Note.Total jawelary ( zaver & jahaiz) of 1st disable wife is with decesed father.not yet retern.(wapis karnay say inkaree hay).

    7.Total Amount of Welth. Total proprity value- 3000000.00 ( 30 lac )

    Eagerly awaiting for your guidence.

    Muhammad Aslam Mughal, Langriali Sialkot.

    Cell- 03227392950

    • Response to Muhammad Aslam Mughal who wrote on June 5 2014

      FIRST WIFE = 1/16 share

      SECOND WIFE = 1/16 share

      FATHER = 1/6 share

      MOTHER (if she was alive at the time the person died) = 1/6 share

      Total = 1/16 + 1/16 + 1/6 + 1/6 = 11/24 share, Remainder = 13/24 share

      1 SON (from second wife) = 2/7 of 13/24 = 26/168 share (13/84 share)

      5 DAUGHTERS 2 from First Wife and 3 from Second Wife) = 5/7 of 13/24 = 65/168 (Each Daughter gets 13/168 share)

      TOTAL = 1/16 + 1/16 + 1/6  1/6 + 26/168 + 65/168 = 168/168 = 1 (whole)

      All Jewelry and other PERSONALLY owned things by any of the living family members belong to them and are NOT entitled to be distribuited to them since they are OT owned by the deceased. Only what is owned by the deceased is liable for inheritance. The rest belong to each who owns it, whether it is the wifives, Children or Parents.

      The BROTHERS amd SISTERS of the deceased DO NOT inherit anything from him since the deceased leaves behind a FATHER and a SON. Any MALE ascendant or descendant of a deceased will eliminate all Brothers and Sisters from the inheritance.

      Allah Knows Best! 

       

      • Thank's for reply,you are doing great job for the Muslim families.

        According to above share,our requirment is to distribution of Rs,3000000,00(30 Lac ) to each share houlder.Please confirm the calculated Amout for each share houlder.Regards. Muhammad Aslam Mughal.

        • Respnse to Muhammad Aslam Mughal who replied on June 9 2014

          Total Amount of deceased estate = Rs 3,000,000 (30 Lacs)

          FIRST WIFE = 1/16 share = Rs 187,500.00

          SECOND WIFE = 1/16 share = Rs 187,500.00

          FATHER = 1/6 share = Rs 500,000.00

          MOTHER = 1/6 share = Rs 500,000.00

           

          1 SON (from second wife) = 13/84 share = Rs 464,285.17

          5 DAUGHTERS (Each Daughter gets 13/168 share) = Rs 232,142.85 each (1,160,175)

           

          TOTAL 187,500+187,500+500,000+500,000+464,285+1,160,715 = 3,000,000

           

          Allah Knows Best!

  41. A.O.A,

     

    My father died recently. We are 5 brothers and 5 sisters. All are married. Alhamdulillah my mother is alive and living with my elder brother. My father left a house worth Rs. 2 Crore. One of my brother has 3-daughter and no son. Someone told my mother that since he has no son that’s why he has no share in the inherited property.

     

    I would like to know the legal position according to the prevailing law in Pakistan. What would be the shared of the property that each of our brothers and sisters (including the brother who have no son) inherit from our deceased father.

     

    Thanks

    Aamna Zubair 

    • Response to Aamna Zubair who wrote on May 31 2014

      Islamic Law of Inheritance is from The Qura'n and Authentic unnah and has to be the same for all believing Muslims whether they are Pakistani or not. The manner in which it is interpreted within these Muslim nations may differ and that needs to be managed internally as no one can interfere into the local affairs of a nation.

      As for your Father's inheritance shares, they will be as follows:- [assuming your Father's parents are both dead at the time of his death]

      WIFE of Deceased (Your Mother) = 1/8 share

      Remainder = 7/8 share

      5 SONS = 10/15 of 7/8 = 70/120 share (Each brother gets 14/120 = 7/60 share)

      5 DAUGHTERS = 5/15 of 7/8 = 35/120 share (Eaxh Sister gets 7/120 share)

      Total = 1/8 + 70/120 + 35/120 = 120/120 = 1 (whole)

      The children of a believer (Grand Children of deceased) DO  NOT have any effect for the distribution of the Grand Father's inheritance shares.

      Allah Knows Best! 

       

  42. Mr A died leaving behind one reall sister namely Miss B and Mr C only.  Mr C is the son of deceased real  brother of Mr A. divide the property.

    regards

  43. Please guide us in the distribution of the property in following case

    A, B and C are brother (All died)

    A have one daughter and no son

    B have 3 Sons and no daughter

    C have 3 sons and 2 daughters and one wife 

    Please tell us regarding the distribution of "A" property after his death. 

    Specfically regarding the share of C wife..

    Thank you

    • Response to Rahim Akbar who wrote on May 28 2014

      I assume that they died in the order of A, B, & C?

      On A's death,

      A's DAUGHTER = 1/2 share

      Remaining half goes to the LIVING BROTHERS, B & C, equally

      On B's death,

      B's 3 SONS take ALL of B's property/wealth

      On C's death,

      C's WIFE = 1/8 share

      C's 3 SONS = 3/4 of 7/8 = 21/32 share (Each son gets 7/32 share)

      C's 2 DAUGHTERS = = 1/4 of 7/8 = 7/32 (Each daughter gets 7/64 share)

      Allah Knows Best!

      [assumption is that the Parents of A,B,&C are both dead before A,B & C die]

      • Sorry for a bit confusion

        "B" and "C" died before "A" death

        So the property of "A" has to be distrributed in his daughter and nephews directly.

        explain the share of each nephew and wife of "C" in this case.

        Thank you

  44. Assalam o Alaikum brother

    I have went through the law of inheritence on many websites but couldnt find the answers to my questions. Kindly help me out.

    If a Khalala woman had 3 brothers and one sister..when that Khalala woman dies, leaving behind just one sister and children of 2 deceased brother and no child of her third brother but his 2 grandsons and a grand daughter.. what will be the wealth distribution.

    2nd case: if the sister of Khalala woman dies before her..then I know  the children of the sister wont get any share..

    In both scenario, will the grandsons on his brother qualify as heirs to her property? her  nephew and neices from other 2 brothers are alive. but the only son of one brother died recently, so only his decendents, 2 grandsons and a daughter of thrid brother r alive..

     

    kindly reply..thanks

    • Response to NOOR who wrote on May 22 2014

      A "Khalala" person is one who has no MALE ascendants (father, Grandfather etc) or descendants (Son, Grandson etc)

      In this case when the Khalala woman dies she leaves behind,

      1 SISTER

      CHILDREN of 2 DECEASED BROTHERS

      GRANDCHILDREN of third DECEASED BROTHER

      Hence the distribution of her inheritance is as follows:-

      The SISTER of the deceased and ALL the CHILDREN of the two deceased BROTHERS and ALL the Grandchildren of the third deceased brother will ALL share the inheritance where each male gets twice the share of the female as if they were all brothers and sisters.

      Yes, in both cases the Grandchildren of the third deceased brother will be entitled to the inheritance as there are NO other direct male inheritors (BROTHERS) living.

      Allah Knows Best!

       

      • jazakAllah Khair..i really appreciate your timely response..

        i forgot to add one more thing..

        another son of her deceased 2nd brother is also dead..means..

        Kalala Woman has

        1 sister

        decesed brother 1: left 1 DEAD SON: who left 2 sons and 1 daughter

        deceased brother 2: left , 2 alive sons and 3 alive daughters and 1 DEAD SON: who left 2 sons and 2 daughters

        deceased brother 3:  left 2 sons and 3 daughters,

        so of im not wrong, there will be 26 portions of her property, and each male of the group mentioned above will get two portions and each female will get single portion irrespective of their relation with Khalala woman?

         

        • Response to NOOR who inquired again on May 23, 2014

          The RULE that is applicable is that a HIGHER MALE eliminates the LOWER male. Hence if a MALE uncle is living then ALL his MALE nephews will be eliminated.

          So, in the more detailed inquiry that you have submitted above, the distribution of inheritance of the Kalala Woman will be as follows:-

          1 SISTER

          2 SONS & 1 DAUGHTER of deceased FIRST BROTHER

          2 SONS & 3 DAUGHTERS of deceased SECOND BROTHER. Dead SONS children will NOT inherit in the presence of the UNCLE's

          2 SONS & 3 DAUGHTERS of deceased THIRD BROTHER

          Total = 6 MALES and 8 FEMALES = 14 inheritors

          MALES SHARE = 12/20 = 6/10 (each MALE gets 1/10 share)

          FEMALES SHARE = 8/20 (each FEMALE gets 1/20 share)

          Allah Knows Best!

           

  45. janab assalamoalikum,

    my father has 2 houses and 1 already he has given to my sister and another he wants to sale and give each equal share in 3 brothers and 1 for him for example 40 laks each share will be 10 laks but someone told us that even then we have to give 1 share to our sister.

    kindly clarify. 

     

     

    • Response to mujahed who wrote on May 19 2014

      That is not correct. As long as the person is alive he or she has every rhight to give his family members whatever they please in any proportion whatsoever. The decision made by your father is perfectly alright and does not contravene any Inheritance law in Islam.

      Allah Knows Best!

  46. Asalam alaikum,

     

    I have a question.  My father passed away 13years ago.  My mother passed away less than a year ago.  There is a total of 8 Children 5 boys and 3 girls. My father parents have passed away.  My mothers father has passed away but my mothers mother is still alive.  How much does my grandmother my mothers mother get from my mother property.  Also there was a property that we just sold that was my fathers property how much is my grandmother (mothers mother) share.  

    • Response to Magdi who wrote on May 16 2014

      We have to take the Inheritance distribution in chronological order based on who died first and which members of the family were alive at the time of those deaths to understand the correct distribution of Inheritance according to Islamic Shariah Law.

      First, When you Father passed away, the ones who were remaining were,

      your MOTHER (the deceased's wife)

      5 SONS and 3 DAUGHTERS of the deceased (you and your siblings)

      Hence the distribution of your Fathers estate/roperty/wealth will be as follows:-

      WIFE of deceased (your MOTHER) = 1/8 share. Balance = 7/8 share

      5 SONS = 10/13 of 7/8 = 70/104 share (Each son gets 14/104 share)

      3 DAUGHTERS = 3/13 of 7/8 = 21/104 (Each Daughter gets 7/104 share)

      Total = 1/8 + 70/104 + 21/104 = 104/104 = 1 (whole)

      Now, coming to your Mother's estate/property/wealth after she passed away. The distribution will be as follows:-

      MOTHERS MOTHER (your Maternal Grandmother) = 1/6 share, Remainder = 5/6 share

      5 SONS = 10/13 of 5/6 = 50/78 share (Each Son gets 10/78 share)

      3 DAUGHTERS = 3/13 of 5/6 = 15/78 share (Each Daughter gets 5/78 share)

      Total = 1/6 + 50/78 + 15/78 = 78/78 = 1 (whole)

      Your MOTHERS MOTHER will not Inherit from your Father's Property Sale. She only inherits 1/6 from your Mother's share of whatever your Mother inherits from your Father's property sale.

      Allah Knows Best!

       

  47. Assalamualokum Brother,

    My sister passed away intestate leaving behind her husband. They did not have any children but apart from her husband there are 13 of us, namely our Mother, 4 sisters and 8 brothers who are the Quranic sharers of her estate.

    Our mother who was alive at the time of my sisters demise has since passed away.too.

    My sisters husband is married once more and has a daughter by that marriage.

    Based on the above, can you please let me know the legitimate share quota of her estate, amongst us as per Islamic Law of Inheritance.

    We are Sunni Muslims.

    Please advise as early as possible.

    Thank you,

    • Response to Ameena who wrote on May 16 2014

      HUSBAND = 1/2 share

      MOTHER = 1/6 share

      Total = 1/2 + 1/6 = 4/6 = 2/3. Remainder = 1/3

      8 BROTHERS = 16/20 of 1/3 = 16/60 = 8/30 (Each Brother takes 1/30 share)

      4 SISTERS = 4/20 of 1/3 = 4/60 (Each Sister takes 1/60 share)

      Total = 1/2 + 1/6 + 8/30 + 4/60 = 60/60 = 1 (whole)

      The Mothers share, after her demise, will have to be divided between all her Children where each male gets twice the shere of each female. In the above case, since there are 8 Sons and 4 Daughters the Mothers Share will be divided as follows:-

      8 SONS = 16/20 share (Each Son will receive 2/20 or 1/10 share)

      4 DAUGHTERS = 4/20 share (Each Daughter will receive 1/20 share)

      Total = 16/20 + 4/20 = 20/20 = 1 (whole)

      Allah Knows Best!

  48. Asalamoalaikum,

    My father has already passed away leaving me and my mother and I also have a son and two daughters. I am my father only child and i am a girl.  According to Islamic law, how should my father estate be shared among us?  Will my children also benefits?

    Can you please share the amount of  1,000,000 among us, so that I can have an idea of the formula and way of sharing?

    Jazak Allah

    • Arzeena wrote on May 7 2014

      Asalamoalaikum,

      My father has already passed away leaving me and my mother and I also have a son and two daughters. I am my father only child and i am a girl.

      According to Islamic law, how should my father estate be shared among us? Will my children also benefits?

      Can you please share the amount of 1,000,000 among us, so that I can have an idea of the formula and way of sharing?

      Jazak Allah

      RESPONSE:

      The inheritance of the deceased should be shared as follows:-

      WIFE (your Mother) = 1/8 share
      DAUGHTER (you) = 1/2 share

      Total = 1/8 + 12 = 5/8

      Balance 3/8 will be shared by the closest relatives of your Father, if any (eg; BROTHER/SISTER, PATERNAL UNCLE, PATERNAK MALE COUSIN etc).

      If none then it will go to the Public Trust for the benefit of all the community in your town/city.

      If there is no such public trust available and you are living in a Non Muslim state, then that portion will need to be spent on the welfare of the community so that everyone (Muslims) will benefit from it. These may be in the form of water facilities, housing constructions, etc.

      Allah Knows Best!

      • Following up on Arzeenas response the amounts will be:

        WIFE OF DECEASED (your Mother) = 1/8 of 1,000,000 = 125,000
        DAUGHTER (You) = 1/2 of 1,000,000 = 500,000

        Balance = 375,000 to Public Trust or any other project where the Muslims of your community will benefit from as a group.

        Allah Knows Best!

  49. Dear Fazil, Salaam Ale Kum,

    I have 5 daughters and no sons. My wife is afraid that since we dont have a son, other relatives will be claiming their shares in my belongings and she is proposing to write a will in which she wants me to distrubute all my belongings equally among my 5 daughters. I have my parents alive.

    Requesting you to please let me know islamic rulings in my case.

    Jazak Allah Khair.

    Rahman

    • Rahman who wrote on May 6, 2014 as follows:-

      Dear Fazil, Salaam Ale Kum,
      I have 5 daughters and no sons. My wife is afraid that since we dont have a son, other relatives will be claiming their shares in my belongings and she is proposing to write a will in which she wants me to distrubute all my belongings equally among my 5 daughters. I have my parents alive.
      Requesting you to please let me know islamic rulings in my case.
      Jazak Allah Khair.
      Rahman

      RESPONSE:

      You are free to distribute your wealth to your children, spouse, parents or even anyone else as you please while you are living. The Islamic Law of Inheritance Distribution comes into effect ONLY after a person has deceased and l;eft behind any property, wealth or belongings that need to be distributed to the rightful heirs.

      Under the circumstance you have stated above you are certainly eligible to transfer all your properties, wealth, and belongings to your 5 daughters equally, if you choose to.

      However, you CANNOT write a will, that will come into effect only after your demise, in their favor as that will amount to OVERRIDING what Allah Has Ordained in the Qur’an.

      One of the things you have to remember here is that we do not know who will die first, our children, our parents, our spouse or ourselves, so it becomes difficult to allocate the rightful shares to our family members while we are alive based on the Quranic instructions.

      The ideal is to divide the shares equally and distribute it to them instead of keeping it in our possession if we want to achieve what you have stated.

      Allah Knows Best!

  50. My husband died leaving 1 Son and 2 Daughter, deceased mother is alive but she is supported by other 3 brothers of deceased who are married. My question is the property will be divided into deceased family only or/and parents and brother/sister ? and what will be the division formula?

    • deceased daughter out of 2, 1 is married and has 1 son

      • Response to Fatima who wrote on May 3 2014

        MOTHER = 1/6 share

        WIFE = 1/8 share

        Total = 1/6 + 1/8 = 7/24, Remainder = 17/24

        SON = 1/2 of 17/24 share = 17/48 share

        DAUGHTER 1 = 1/4 0f 17/24 share = 17/96 share

        DAUGHTER 2 = 1/4 of 17/24 share = 17/96 share

        BROTHERS/SISTERS of DECEASED = Nil

        Total = 1/6 + 1/8 + 17/48 + 17/96 + 17/96 = 96/96 = 1 (whole)

        Allah Knows Best!

         

  51. Asslam o alaikum!

    Iam the only daughter of my mother, my mother is divorced. Don't have parenets, have 3 sisters and 3 brothers. she made her own property with her salary worth100,000,00 Rs. what is the shares of each one of heirs according to islamic shria

  52. Asslam o alaikum!

    Iam the only daughter of my mother, my mother is divorced. Don't have parenets, have 3 sisters and 3 brothers. she made property of 100,000,00. what is the shares of each one of heirs according to islamic shria

  53. how to edit a  published content

     

    • please send me the details which should be edited, i will do the needful, or else you can delete the request login in to the site and send a new comment.

  54. Asalamualaikum,

                   My father has three younger brothers. My grand father and grand mother had inheritance on their names individually. My grandmother passed away first 1995, no inheritance has been divided. After three years my father passed away in 1998, leaving my mother and sister, still no inheritance has been divided. Atlast my grandfather passed away in 2005. I myself married  in 2010, my younger sister married in feb 2014. Now  Aprill 2014, my father's three younger brothers, has came to divide the inheritance. They are ready to give shares to my mother in my grand mother's inheriance. But they are refusing to give inheritance from my grandfather's . Since my father died before my grand father.  ( Son died before his father ). Will my grandfather's inheritance will be given to our family or not, i.e. a mother and his two daughters.If not y, it is not allowed to give, we are also our grandfather's grand daughter. Is that a gunah a person leaving this world a wife, and his two daughters at a young age, before his father, kindly let me know the shariath law, for our situation. May allah give us the right inheritance.

    • Response to Jeenath Surfraz who wrote on April 30 2014

      Let us take the timing of the deceased in chronological order, first as follows:-

      Grand Mother Passed away in 1995

      Grand Father's Share = 1/4

      4 SONS (your father and his 3 younger brothers) = 3/4 share (Each SON receives 3/16 share)

      Next your Father Passed away in 1998

      WIFE (Your Mother) = 1/8 share

      GRAND FATHER (father's father) = 1/6 share

      2 DAUGHTERS (You and your Sister) = 2/3 share

      FATHERS 3 BROTHERS = Remainder 1/24 (Each brother gets 1/72 share)

      Next your Grand Father Passed away in 2005

      3 SONS will share all his inheritance equally each son taking 1/3 share. Since your Father died before your Grand Father he will not inhert anything nor will his wife and children (you and your sister).

      Your Paternal Uncles have a RESPONSIBLITY towards you and your suster as their deceased brothers children.

      Allah Knows Best!

       

  55. Asalam Walekum,

    We are Indian Muslim.My father passed away recently without leaving a Will.My father had 2 familes.Both my mother passed away.From my first mother I have 2 brother and 2 sister.From my mother I and my sister.Please suggest how will my fathers property be divided under Muslim Sariah.

    • Response to Rajib Sheikh Mohammed who wrote on Apr 24 2014

      Assuming that your deceased Father's parents are NOT alive at the time of his death, the distribution of inheritance is as follows:-

      Your father leaves behind 3 SONS and 3 DAUGHTERS (2 sons/2daughters from first wife and 1son/1 daughter from second wife). Since they are ALL his own biological children they will be entitled in the same way as if they were the childreen  from one mother.

      3 SONS = 2/3 share (each SON gets 2/9 share)

      3 DAUGHTERS = 1/3 share (each DAUGHTER gets 1/9 share)

      Total = 2/3 + 1/3 = 3/3 = 1 (whole)

      Allah Knows Best!

       

      • ~~My father passed away and left wife, 3 sons and 4 daughters . how they share the wealthy .  I know my mother gets  1/8  but I would like to know how we share 7/8 and I need to understand the formula pl explain.
        Jazaka Allah.  

        • Response to Ali who wrote on May 4 2014

          WIFE = 1/8 share

          Balance = 7/8 share

          3 SONS = 6/10 of 7/8 = 42/80 share (each son gets 14/80 = 7/40 share)

          4 DAUGHTERS = 4/10 of 7/8 = 28/80 share (each daughter gets 7/80 share)

          Total = 1/8 + 42/80 + 28/80 =80/80 = 1 (whole)

          The formula is based on whatever remains after the wifes share (1/8) is given, which is 7/8. Since there are 3 sons they get 6 shares and 4 daughters get 4 shares. So the total is 6+4 = 10 shares. Sons share is 6/10 and daughters share is 4/10. So we apply 6/10 of 7/8 (remainder after wifes share) for the sons and 4/10 of 7/8 (remainder after wifes share) for the daughters.

          Allah Knows Best!  

  56.           Salaam,

    Can you please explain the division of inheritence of a property worth one crore rupees;

    widow with one daughter, 4 sisters(deceased's ), one sister & brother died before the deceased  but have children, parents. not alive. Please also comment on the bussiness loan the deceased had &the funeral expenses. The deceased had left a written statement in the soceity documents that after his death the property goes to his daughter,what significance that statement holds according islamic sharia?

    Thankyou

    Niaz

    • Response to NIAZ who wrote on Apr 24 2014

      WIDOW (WIFE) = 1/8 share

      1 DAUGHTER = 1/2 share

      Total = 1/8 + 1/2 = 5/8, Remainder = 3/8

      4 SISTERS  and CHILDREN of deceased BROTHER inherit the remaining 3/8 where each male gets twice the share of each female. The deceased SISTER's children DO NOT inherit.

      All outsanding debts and funeral expenses must first be deducted from the inheritance value before distribution.

      The statement left behind by the deceased willing all of his property to his daughter is inadmissable under Islamic Shariah Law of inheritance as it overrides Allah's Law. What the deceasd could have done had he wanted his daughter to inherit all his welath and property was t have transferred these asseys to his daughter while he was alive. One is not permitted to leave wills in favor of those already entitled to inheritance.

      Allah Knows Best!

  57. Asalm alikum sir i have Question. Can I ask my father to give my share in property when he is still live sir he already gave some property to his. Younger son

    • Response to irfan who wrote on Apr 20 2014

      Yes, you can, bt that is not an inheritance share but only a gift and your Father is free to give any value of his prooperty to anyone he chooses while he is alive. Yet, it is recommended that he must be just and fair to all his family members.

      Allah Knows Best!

  58. ASAK Dear Sir,

    could you please help us with good solution – we are 4 brothers & 4 sisters – parents alive.

    We have 2 houses – 1st under my Father name & other 1 under my Mother name.

    Father House
    1) As per 1st will father property is belong to my 1st brother it's was given to him as a gift plot by my father uncle – (My Father, brother – Chicha)
    2) After we build house on that plot in 1996, we got 2nd will in 2002 and it's running will – in 2nd will also mention 1st will is cancel due to some errors.
    3) 1st will in year 1983 or 85 not sure and 2nd will also in same year but after some months.  
    4) To build house – My Father, Mother, 1st Brother, 2nd Brother, 1st Sister & 2nd Sister amount was shared.
    5) Now my 1st brother put court case on my Father in year 2008, but untill now no solution – just getting dates.
    6)  After many setting again my 1st brother is agreed to sit for equal parts.

    So now my question is to how to equal the property as per shariat – Parents, 4 Brother & 4 Sisters.

     

    • Jaffer wrote on Apr 20 2014,

      The Islamic Shariah law of Inheritance for the distribution of the wealth and properties of a believer is based on the situation AFTER THE DEATH of the believer only.

      There is no stipulated rules for distribution of a believers wealth to his famil;y members while he is alive.

      Based on common  sense and the need to be equal with all of ones family members it seems to me that the best form of distributio of a persons wealth while he is alive is to do it in EQUAL shares to all of his IMMEDIATE family members.

      Allah Knows Best! 

      • Sir so what will be the shares for Parents, 4 Brother & 4 Sisters,

        Example value of property 1,40,00,000rs (India)

        • Response to Jaffer who wrote on Apr 20 2014

          Since there are 10 people involved (father, Mother, 4 sons, 4 daughters) it is best to divide the total value of the property (Indian Rupees 14,000,000) by 10 and each take Indian Rupees 1,400,000 to share it equally.

          Allah Knows Best!

  59. Salmualaikum,
    I have a question, my dad has just passed away recently. We are 4 brothers, 2 sisters and one mother. My dad has left a house which my mum and youngest brother who is not married yet live in the house.

    We are all against selling the house and devide the inheretance as long as our mum is alive except our elder brother who wants inheretance.

    My question is that: is islamic sharia law allows him to force us to sell the house and devide the inheretance?

    Thank you

    • response to Azad who wrote on Apr 19 2014,

      Yes, if any of the inheritors insist that they want to take their share, you have NO option but to sell the house or any other assets/wealth/property of the deceased and distribute the shares to all of the rightful heirs according to Islamic Shariah Law of Inheritance.

      Its a matter of their RIGHT as ordained by Allah

      Allah Knows Best!

       

  60. Assalamoualikum.

    A person having wife, 4 daughter, 2 sisters, 6 borthers (alive) and 1 brother (died but have children. How to distribute the property according to Ismaic way.

    Thank you.

    • response to Mithu who wrote on Apr 17, 2014

      assuming that the parents of the deceased are also dead,

      WIFE = 1/8

      4 DAUGHTERS = 2/3 (each daughter gets 1/6 share)

      Total = 1/8 + 2/3 = 19/24, Remainder = 5/24

      6 BROTHERS (alive) = 5/24 (each brother receives 5/144 share)

      Deceased brother's children DO NOT inherit in the presence of the Living Brothers who are responsible for their support and maintenance until they are independent.

      Total = 1/8 + 2/3 + 5/24 = 24/24 = 1 (whole)

      Allah Knows Best!

  61. asalmualikum, brother please tell me  what is the actual shares of childrens. My grand father wants to distribute his 30 lacks to 5sons and three daughters and also to grand sons of two died daughters,means total 5 son and 5 daughters. how  much should be distributed the amount among them according to our islamic law?. need ur sugesstion very fast and quik. 

    • response to irfan who wrote on April 12 2014

      The distribution of inheritance according to Islamic Shariah that is ordained in the Qur'an and authentic Hadeeth is mainly meant for division among the heirs after the death of a believer. During the lifetime a believer may choose to distribute his wealth, property, estate and other belongings in any way he or she chooses. However, it is always best to be equal in such distribution so as not to cause differences or enmity between the children.

      If one wants to distribute the money, to the living heirs, according to the Quranic order (as mentioned in Suran An Nisaa), assuming that all the sons and daughters are alive, then the distribution will be as follows:-

      5 SONS = 10/13 of 30 lakhs = 23.077 lakhs (each son will receive 4.6154 lakhs

      3 DAUGHTERS = 3/13 of 30 lakhs = 6.923 lakhs (each daughter will receive 2.3076 lakhs

      The daughtres share may now be divided EQUALLY between their children

      This is NOT from the Qur'an or Sunah but is only a recommendation to try and be equitable to all of ones children.

      To be really fair it is much better to divide the money EQUALLY between all the heirs irrespective of whether they are MALE or FEMALE.

      Allah KNows Best!

  62. Q&A on FB: Babar Khan Niazi wrote on Mar 24 2014

    salam. sir what is the status of orphaned grand children in islamic inheritance,,, 

    Response:

    An orphaned child or even a grand child has the basic right to be protected, maintained, and taken care of by the closest male relative, viz; brother, paternal uncle, older male cousin, maternal uncle, older male maternal cousin, grandfather, grand uncle etc. Basically, the responsibility of maintaining minor children always falls on the nearest male relative as the male is considered the custodian of the women and family in Islam.

    Allah Knows Best!

  63. Q&A on FB – Nuradeen Yahya wrote on Mar 25 2014

    A man dies leaving behind 5 daughters, 2 wives, 1 full sister and 2 half sisters, pls do all these categories have right to inherit his properties?

    Response:

    Yes, they all do inherit from the deceased man.
    2 Wives = 1/8 share (each wife takes 1/16)
    5 daughters = 2/3 share (each daughter takes 2/15 share)
    3 SISTERS = 1/3 share (each sister takes 1/9)

    Since the total 1/8 + 2/3 + 1/3 = 27/24 = 9/8 exceeds 1 all the shares will be reduced proportionately as follows:-

    2 Wives = 1/9 (each wife gets 1/18 share)
    5 Daughters = 16/27 (each daughter gets 16/135 share)
    3 Sisters = 8/27 (each sister gets 8/81 share)

    TOTAL = 1/9 + 16/27 + 8/27 = 27/27 = 1 (whole)

    Allah Knows Best!

  64. a man dies, he leaves behind a widow, a daughter, a real sister and a nephew. how his property will be divided among these persons?

    • Response to abdur rauf who wrote on Mar 28 2014

      WIFE (widow) = 1/8 share

      DAUGHTER = 1/2 share

      Total = 1/8 + 1/2 = 5/8, remainder = 3/8

      SISTER = 1/3 of 3/8 = 1/8 share

      NEPHEW = 2/3 of 3/8 = 1/4 share

      Total = 1/8 + 1/2 + 1/8 + 1/4 = 8/8 = 1 (whole)

      Allah Knows Best!

  65. Assalam o alaikum wa rehmatullahi wa barakatuh,  respected brother in faith,   a non muslim challenged me by saying that there is a mathematical error in Quran,    he said:                      Man dies and leaves behind HIS PARENTS, HIS WIFE, and THREE DAUGHTERS. After all legal and burial expenses Rs. 24000 are left. Please divide among the family according to Nisah 4:11 & 12. Use strictly what the Quranic law tells you.                                                                                                                                          Total Sum available= Rs. 24000 Lets pay 3 daughters first, 2/3rd of 24000 is 16000 Pay the wife, 1/8th of 24000 is 3000 Pay the mother, 1/6th of 24000 is 4000, Pay the father, 1/6th of 24000 is 4000. Add all the disbursements. Wait a second. This all adds up to 27000, but we have only 24000 available! Now, God either changes the formula or he better send 3000 (which is short) via Gibrail.                       This is the answer he gave, i need your help. kindly reply with reference. JazakAllah

    • Response to zareen azam who wrote on Mar 25 2014

      This is a well known argument that has always been put forward by those who have been trying to disprove the Word of God and its real interpretation throughout the history of Islam and it is nothing new.

      Islam is based on BOTH The Qur'an and Authentic Sunnah. The former are the legal Guidelines while the latter are its explanation and interpretation on how the laws will be implemented. We use BOTH to be able to understand and carry out our duties as per God's Laws.

      In the question above the explanation from the Sunnah is that there is a concept called AWL which is applkied to the distribution if the total of all the shares exceeds 1 (ONE) where each share is reduced proportionately to add up to 1.

      The Prophet Mohamed (sal) stated in an authentic Hadeeth, ""You must follow my Sunnah and that of the rightly-guided caliphs. Abide by it and hold on tight to it [as if] with your molar teeth…" [Abu Daawood, At-Tirmithi, Al-Haakim who graded it Saheeh (sound), and Ath-Thahabi and Al-Albaani agreed with him]"

      Further,

      The cause of ‘Awl presented itself during the time of the rightly-guided Caliph ‘Umar ibn Al-Khattaab . It was stated in the Al-Mawsoo‘ah Al-Fiqhiyyah:

      "The first case of ‘Awl was for a woman who died and left behind a husband and two sisters. This occurred during the beginning of the caliphate of ‘Umar. He consulted the Companions and said: "By Allaah, I do not know which of you comes first and which comes next.  If I start with the husband and give him his right in full, the two sisters will not take their right in full; and if I start with the two sisters and give them their right in full, the husband will not take his right in full." According to the most recognized accounts, Al-‘Abbaas ibn ‘Abdul Muttalib  suggested that he could apply ‘Awl. 

      It was narrated that Al-‘Abbaas said: "O Leader of the Believers, tell me: If a man passed away and left six dirhams, and he owed three dirhams to one man and four to another, what would you do? Would you not make the wealth into seven parts?" He said, "Yes." Upon this, Al-‘Abbaas said: "It is the same thing." Thus, ‘Umar applied the principle of ‘Awl."

      This is indeed justice because if the deceased is in debt to some persons and leaves wealth that cannot pay off his debt, it will not be fair to give some of them while depriving the others. Rather, what justice dictates is to decrease the share of each. Thus, someone who is entitled to one third of the total debt should take one-third of the existing assets, and someone who is entitled to one-sixth should take one-sixth of the existing assets, and so on.

      Islam lays great emphasis on another two important factors, after The Quran and the Authentic Sunnah. They are called IJMA (Mutual Consensus of the learned) and QIYAS (Analogical deduction based on prevailing evidence).

      We are expected to apply these FOUR (Qur'an, Sunnah, Ijma & Qiyas) in all our daily activities and dealings with each other in order t be able to conform to the law and follow its principles in the manner it was established and explained to us. Hence, the bottom line here is that if we do come across a situation where we cannot find the right answer in the Qur'an then we look for it in the Authentic Sunnah based on the practices and actions of the Prophet Mohamed (sal) and his Rightly Guided Caliphs who came after him. If we still canot find solutions, then we resort to IJMA and QIYAS to be able to find an answer that is closest to Qur'an and Sunnah and that which makes common sense based on our own human understanding.

      Islam is NOT a blind faith that people are xpected to read and follow like animals without questioning and thought. It is meant to be understrood and interpreted by those who are knowledgeable and wise.

      Allah Knows Best!

      • i appreciate your answer but kindly plz plz give me the distribution in figures, like how much every one will get. i need to answer this in the discussion today, so plz give me answer in figures, how much money each of them will get. jazakAllah

      • respected sir i m still waiting for your answer , plz convert it in figures. jazakAllah

        • WIFE = 1/8

          3 DAUGHTERS = 2/3

          FATHER = 1/6

          MOTHER = 1/6

          Total = 1/8 + 2/3 + 1/6 + 1/6 = 27/24

          Hence the pr0portionately reduced fractions, based on the concept of AWL, for each heir will now be

          WIFE = 1/9

          3 DAUGHTERS = 16/27

          FATHER = 4/27

          MOTHER = 4/27

          Total = 1/9 + 16/27 + 4/27 + 4/27 = 27/27 = 1 (whole)

          Hence each heir will now receive the following sums of money:-

          WIFE = 24,000/9 = 2,666.66

          3 DAUGHTERS =  14,222.22 (each Daughter will receive 4,740.74)

          FATHER = 3,555.56

          MOTHER = 3,555.56

          Total = 2,666.66 + 14,222.22 + 3,555.56 + 3,555.56 = 24,000

          Allah Knows Best! 

  66. Salam.

    what is the position of orphaned grand childeren in islamic inheritance system with reference to the all schools of islam. in pakistan they are alloted per stripes. what are the negative impacts of pakistani sanario on islamic inheritance system if orphaned grand childeren have no right?

     

    • Response to Babar Khan who wrote on Mar 23 2014

      An orphaned child or even a grand child has the basic right to be protected, maintained, and taken care of by the closest male relative, viz; brother, paternal uncle, older male cousin, maternal uncle, older male maternal cousin, grandfather, grand uncle etc. Basically, the responsibility of maintaining minor children always falls on the nearest male relative as the male is considered the custodian of the women and family in Islam.

      Allah Knows Best!

  67. Assalamalykum

    I own a property of 1 Crore, i have a wife and 2 children (Boy and Girl), how should I distribute my wealth to them as per Sharia. Do I have to get my brothers and sisters?

     

    Kind regards

     

    • Response to Abdulrahman who wote on Mar 22 2014

      In the event of your demise before all of the family members mentioned (wife, son, daughter), and assuming that your parents are also not alive, the distribution will be as follows:-

      WIFE = 1/8 share

      SON 2/3 of 7/8 = 14/24 = 7/12 share

      DAUGHTER = 1/3 of 7/8 = 7/24 share

      BROTHERS/SISTERS = Nil. They DO NOT inherit in the presence of a male ascendant (Father/GrandFather etc) or descendant (Son, Grandson etc)

      Total = 1/8 + 7/12 + 7/24 = 24/24 = 1 (whole)

      So, in financial terms the amounts will be as follows:-

      TOTAL VALUE OF ESTATE = 10,000,000 (1 Crore)

      WIFE = 1,250,000

      SON = 5,833,333.33

      DAUGHTER = 2,916,666.67

      TOTAL = 1,250,000 + 5,833,333.33 + 2,916,666.67 = 10,000,000 

      Allah Knows Best!

  68. Muhammad Ali wrote on Mar 19 2014

    Assalam-a- Alaikum,
    My Uncle has left property Rs.100,0000 (Ten lakhs) they are 3 brothers and 2 sister and mother. Pls explain how to distribute in Islamic law.

    May Allay Make you well knowledge and well barakath Insha Allah AAMEEN.

    I am awaiting your earliest reply.
    By Muhammad Ali

    RESPONSE:

    I believe you are referring to your Uncles wife (MOTHER) and children (3 BROTHERS & 2 SISTERS)? The distribution will be as follows:-

    MOTHER (wife of deceased Uncle) = 1/8 share = 125,000
    3 SONS = 3/4 of 7/8 = 21/32 share = 656,250 (each SON will receive 218,750)
    2 DAUGHTERS = 1/4 of 7/8 = 7/32 share = 218,750 (each DAUGHTER will receive 109,375)

    Total = 1/8 + 21/32 + 7/32 = 32/32 = 1 (whole)
    TOTAL = 125,000 + 656,250 + 218, 750 = 1,000,000

    Allah Knows Best!

  69. assalamualaikum,

    my aunt(khala) has died, she was unmarreid, leaving behind 3 sisters and children of her 3 deceased brothers,these brothers died in her lifetime. she has no parents alive . how her property and assets will be distributed among the heirs? kindly share the details. 

    rafia noor

    • Response to Rafia Noor who wrote on Mar 19 2014

      All her 3 sisters will inherit together with the children of her deceased brothers. The shares will be divided where all the males will receive twice the share of the femaies irrespective of whether they are siblings or nephews or nieces.

      So what you need to do is to see how many males and female heirs there are and divide her inheritance accordingly.

      Allah nows Best!

  70. AsSalaam Elaikum,

    Father has passed away some time ago.  One of his daughter died couple of years ago.  She has a surviving husband and no children.  The father’s property is finally cleared and is being distributed among children (their mother has passed away too).  Does the deceased daughter has any right on the inheritance of her father?

    Jazak Allah Khair

    • Response to M Mateen who who wrote on Mar 17, 2014

      All legally valid heirs (parents, children, spouse) are fully entitled to their inheritance shares as long as they were living at the time of the death of the family member.

      Hence, in this particular case the deceased DAUGHTER has full right to receive her share from her deceased Father since she was alive at the time of his death. Now that she too has passed away, that share will be divided to her living husband and children as per Islamic Law of Inheritance.

      The deceased MOTHER also has a share from her late HUSBAND's property/wealth. Since she is now deceased that share will be distributed to her living children as per Islamic Law of Inheritance.

      Allah Knows Best!

       

  71. AOA

    Dear Sir my father has property Rs.1000000 (ten lakhs)

    We are total 13 Family members, six brothers (02 Married, 04 Unmarried) and five sisters (03 Married, 02 Unmarried) and Parents. Father and mother are alive and they want divide property between all. Kindly spare a bit time and explain how to distribute 10 Lakhs in Islamic law among 13 family members.

     

    May Thanks

    Arz Raza

    • Response to Arz Raza who wrote on Mar 16 2014

      The Islamic Law of Inheritance only comes into operation once a person has died and his immediate family members will need to inherit the wealth, property and other assets that he/she owned.

      However, if a living person wants to divide his/her property to their family members in a manner similar to the Islamic Law of Inheritance then your Father's wealth will be divided as follows:-

      WIFE (your Mother) = 1/8 share = Rs 125,000

      Remainder = 7/8 share

      6 SONS (brothers) = 12/17 of 7/8 = 84/136 = 21/34 share = Rs 617,647.06 (each son will recieve Rs 102,941.18)

      5 DAUGHTERS (sisters) = 5/17 of 7/8 = 35/136 sre = Rs 257,352.94 (each daughter will receive 51,470.58)

      Total = 1/8 + 21/34 + 35/136 = 136/136 = 1 (whole)

      Total Rs = 125,000 + 617,647.06 + 257,352.94 = Rs. 1,000,000

      Allah Knows Best!

  72. Assalamu Alaikum,

    My father has left property Rs.1300000 (thirteen lakhs)

    We are six brothers and one sister and mother. Pls explain how to distribute in Islamic law.

    May Allay Make you well knowledge and well barakath Insha Allah AAMEEN.

    I am awaiting your earliest reply.

    By  A Abdullah 

    • Response to Abdullah who posted on Mar 16 2014

      MOTHER = 1/8 share (Rs 162,500)

      Remainder = 7/8 = Rs 1,137,500

      6 SONS = 12/13 of 7/8 = 84/104 = 21/26 share (Rs 1,050,000) each SON receives Rs 175,000 

      1 DAUGHTER – 1/13 of 7/8 = 7/104 share Rs 87,500

      Total = 1/8 + 21/26 + 7/104 =104/104 = 1 (whole)

      Total =  162,500 + 1,050,000 + 87,500 = Rs. 1,300,000

      Allah Knows Best!

  73. Dear Sir,

    Assalamalaikum,

    A woman dies leaving behind her two girls (both married) but no living parents, husband, brother or sister.  How will her remaining property ( 1/3) be distributed? She has got first cousins from father as well as mother's side. Will it go to her cousins from father's side or mother's side or all ? This woman had inherited property from her father.

    • Response to Mubin who wrote on Mar 12 2014

      2 DAUGHTERS = 2/3 share

      MALE COUSINS from FATHERS SIDE = Remainder 1/3 (equally distributed between them)

      COUSINS from MOTHERS side will not inherit anything.

      Allah Knows Best!

  74. Asalam-o-Alaikum,

                              1969 ki bat hay,mari wife ki sister k han 2 jarwan (twin) bachay (aik lurki+aik larka) paeda hoaay,maray humzulif nain un ko palnain say inkar kar dia.Mari sas (Mother-in-law) parashan thee,us waqat mari bhi ulad na thee,mari sas nain mujh say aik bacha god laynay per zoor dia,main nain son ko godh lay lia.Bacha preemature tha,hum nain poree twajah say us ki parwarush ki,us ka nam hum nain BILAL rakha,Bap ka nam main nain aapna(Muhammad Aslam Mughal) darj kawaya,jub k us k bap ka nam Abdul Haq hay, Bilal ALLAH ki maherbani say jawan hoaa,main nain us ki shadee aapni sister ki bati say kar dee, Aab bilal ki 2(two) daughter ( batiaan) hain,yah sub loog ub bhee maray sath rah rahay hain,Nikha namain our ID card main bhee walid (Father) main hoon.Farm-B- k mutabiq dada main hoon,Daughter's ub balooghat k qreeb hain.Bilal ka baeta (son ) naheen.

                    Maera sawal yah hay k:-

    1- Kia Islamic Sharia k mutabiq jo aamal main nain kia hay woh drust hay, agar yah durust naheen ( gunah) hay to maray liay kia hukam hay k main is kotahee ( jurm ) ka aazala kar sakoun.Son main nain insani hamdardee k taht ADOPT kia tha.Aab zindgee k chand din hain,Bahoot fiqar mand houn k kia nikah k waqat bap main bun gia,Bilal ko khandan ka legal hisa binaeaa.Main bay chain houn.Abdul-Haq bilal ka islee bap,Zahra bibi bilal ki islee Mother abhee Zinda hain,unhoon nain union council main bilal ko naeem k nam per Register (Undraj) karwa rakha hay,

                {{ – Kia Bilal mari jaiadaed main is soorat hall k mutabiq mari uslee ulad ki tarah haq dar ban sakta hay. yah who aapnain islee walid ki jaiadad main warasat ka haq dar hay?-}}

                Bilal k aalawa maray do(2) batay (Son) our 2 daughter hain,maray bad kia who Bilal ko mari warasat say mahroom kar saktay hain.?

                Main will (waseehat) likhna cahta houn,Mujhay tajweez karain,agar main aapnee 1/3 jaaidad main say Bilal k nam hiba kar doun to kia us jaaidad say Bilal ki Dughtran ka koiee haq ho ga yah who bhee mari uulad un say cheen saktee hay.?

                Jinab aali aap ki khidmatt khandanoon ki baqa ki zaman hain,aap hum sab ki umeed hain,ajar ALLAH k Pass hay, Mari mushkalat aap k samnain hain,Bypass ho chuka,Sughar ka mareez houn,age 73 sall hay,kal ka pata naheen,waqat kareeb hay.

                mujhay aap k jawab ka shidat say intzaar hay.

    MUHAMMAD ASLAM MUGHAL, LANGRIALI SIALKOT.

    Cell-03227392950

    • Response to Muhammad Aslam Mughal who wrote in Urdu on Mar 12 2014. I had to get the inquiry translated by an Urdu speaking person as follows:-

      In 1969, The sister of my wife gave birth to twins (one girl one boy). His Husband refused to look after them. My Mother in Law was very sad at that time, also I do not had children at that time. My Mother in Law  asked (pressurized) me to adopt on child and I adopted baby Boy at that time. The child was pre-mature and we looked after the child with great care. We gave him name “BILAL”.  I entered my name ((Muhammad Aslam Mughal)  as Father in papers where as his father original name is Abdul Haq. BILAL  became adult by the grace of Allah and I made his marriage with daughter of my sister. Now Bilal have 2 daughters. All these are living still with me. My name is registered as Father  on Nikha Nama (Marriage Contract ) and Nation Identity card as well. As per “Form-B” my name is mentioned as grandfather of Bilal’s 2 daughters.

      Now my question is this

      1.     As per Islamic Sharia, What I did is right or not.  If this is not true (is sin) then what is order for me to pay remedy against this sin. I adopted the son on humanity ground. Now I have few days of my life. I am very much worried that on the time Bilal’ Nikah , I became Father of Bilal and made him legal owner of my property. I am very much worried, Abdul Haq and Zohra Bibi ( Bilals original Father and mother are still alive). They had registered his name union council as “Naeem”.

      2.     Can Bilal  become Waris (partner) in my property just like my original children or he has right to get property from his original Father.

      Other than Bilal I have 2 son and 2 daughters. Can they dis-own Bilal from my property after me.

       

      I want to write “WILL”. Please advise if I will gift 1/3 part of my property to Bilal, his daughters will have right on that property or my real children can tack back it from them.

       

      Sir,

      Your services are guarantee for the life of our families. You are our hope. Allah will you reward of this. My difficulties are in front of you. I had already faced BYPASS  and I am also patient of diabetes with age 73. I do not know future,  My last time is near.

      I am waiting our answer very eagerly.

      RESPONSE:

      First and foremost your action to adopt Bilal has been made by good intentions and all reward from Allah is based on intentions followed up by actions, InshaAllah!

      Bilal CANNOT inherit from you since he is not your biologuical son. However, you may, if you sih, make a WILL up ti a maximum value of ONE THIRD (1/3) in his name that he will benefit from. No one can take this away from him as per Islamic Shariah Law.

      Furthermore, Bilal, is entitkled to inherit from his biological parents and family as per islamic Shariah Law whenever they are deceased.

      One of the fundamental rules of adoption is that the child MUDST retain his/her bioligical Fathers name.

      Allah Knows Best!

       

  75. RESPECTED SIR,

    MY QUESTION IS:

    MY FATHER WAS BLESSED WITH TWO DAUGHTERS ONLY AND NO SONS. 

    MY SISTER DIED  WHEN MY FATHER WAS ALIVE.AND SHE HAS LIVING CHILDREN. 

    MY FATHER DIED AFTER THE DEATH OF MY SISTER I AM THE ONLY LIVING DAUGHTER OF MY FATHER.

    WHAT IS MY SHARE OF PROPERTY.

    WHAT IS THE SHRE OF MY SISTERS CHILDREN.

    WHAT HAPPENS TO THE RESIDUAL PROPERTY (REMAINING PROPERY AFTER THE INHERITANCE)

    PL CLARIFY

    ALAH HAFIZ

    • Response to RUKHIA BEGUM who posted on Mar 12 2014

      I assume that your MOTHER was not alive at the time of your Father's death. If she was living then she has a 1/8 share of your Father's inheritance.

      YOUR SISTER = No share at all since she was deceased at the time of your Father's death

      YOU = 1/2 share of your Father's property

      The Remainder will be EQUALLY shared by any LIVING BROTHERS of your Father. If None then it will be shared by any LIVING BROTHERS SONS. If None, then any living PATERNAL MALE cousins.

      If NONE of the above MALE relatives of your Father are present then the remainder will be distributed to the CHILDREN of your deceased SISTER where each male will get twice the share of each female.

      Allah Knows Best!

  76. Asalam o alikum warehmatullah

    Dear sir can you please tell us the distribution of Rs. 5000000 (fifty lacs) among the following.

    3 brothers 1 sister and 1 mother as per sharia laws.

    The above mentioned amount was recovered by selling our late fathers house. 

    Thank you

     

    • Response to Atif Ali Khan who wrote on Mar 11 2014

      MOTHER = 1/8 share (5,000,000/8 = 625,000)

      Remainder = 7/8 share (4,375,000)

      3 SONS = 6/7 of 7/8 = 3/4 (3,750,000) each SON receives 1/4 = 1,250,000

      1 DAUGHTER = 1/7 of 7/8 = 1/8 (625,000)

      TOTAL = 1/8 + 3/4 + 1/8 = 4/4 = 1 (whole) = 625,000 + 3,750,000 + 625,000 = 5,000,000

      Allah Knows Best!

  77. My uncle has died few months ago. He left only daughter (no son), one wife, mother. Also he left four brothers and three sisters. Note that among them two brothers and two sisters and my deceased uncle has same father and same mother. The remaining two brothers and one sister has same father but different mother. Could you please tell me the inheritance distribution of  his property  .

    • Response to anower who wrote on Mar 11 2014

      WIFE = 1/8 share

      DAUGHTER = 1/2 share

      MOTHER = 1/6 share

      Total = 1/8 + 1/2 + 1/6 = 19/24 share, Remainder = 5/24 share

      4 BROTHERS = 8/11 of 5/24 = 40/264 = 5/33 share (each BROTHER receives 5/132 share)

      3 SISTERS = 3/11 of 5/24 = 15/264 = 5/88 share (each SISTER receives 5/264 share)

      All the Brothers and Sisters of the deceased are entitled to inherit since they are all the children of the deceased irrespective of their mothers being different.

      Total = 1/8 + 1/2 + 1/6 + 5/33 + 5/88 = 2904/2904 = 1 (whole)

      Allah Knows Best!

       

       

       

  78. Salam, could you please enlighten me on which part of shariah law said 

    that my mother have no rights over the house left behind by my late father?

    my dad passed away in 1998 n now my 2 older brothers r telling my that she have to sell the house as its not her house.

    I seriously feel that my mum who is 60+ have the right to the house as it was her husband who left it behind.

    Please reply.

    • Response to Ridzwan who wrote on mar 9 2014

      Your MOTHER has 1/8 share right of the house only

      The remaining 7/8 share of the house has to be divided between all your FATHER's children where each SON gets twice the share of each DAUGHTER.

      If your Father had living PARENTS at the time of his death then they too have 1/6 share each from the house before it is divided between the children.

      Allah Knows Best!

  79. Dear Sir,

    asak. I had sent a emailtwo weeks ago. I am awaiting for your reply pl.

    allah Hafiz

    syed zafarullah hussaini

    • The response was posted on the very same day below your query. here it is again for your information.

      Response to SZ HUSSAINI who wrote on Feb 23 2014

       

      1. If the outside person gave the money of Rs 5 Lacs as a loand to be repaid back ony then he is only entitled to his Rs 5 Lacs. If he gave the Rs 5 lacs as an investment to buy the property, then he is entitled to 1/3 of its present value as he becomes a shareholder of the property. Everyuthing depends on how the tansaction was agreed when the property was purchased.

       

      2. What is important to remember in such a complex situation is the order of death of the family members since inhertance is totally based on death and the remaining living heirs. So, if we assume that the Grandfather died first, leaving behind his 2 DAUGHTERS, then the two Daughters will inherit 2/3 of the whole property.

       

      On the death of your FATHER's FIRST Wife (Your Step Mother), your Father would be entitled to 1/4 of her property/wealth, and the remainder will go to HER children.

      On the death of your FATHER, your Mother will inherit 1/8 share and the remainder will be distributed to all HIS children from BOTH WIVES, where each son receives twice the share of each daughter.

       

      Now the inheritance of the children of all the siblings depends on the order in which they died and who was left behind after each ones death.

       

      Anyone who had a living son, at the time of his death would bequeath his/her inheritanc e to the living spouse and the children (and the Mother if she was living at that time)

      It is only when there is NO living Father OR Son that brothers and sisters are entitled to receive inheritance shares.

       

      Allah Knows Best!

      • DEAR SIR

        ASAK. THANK YOU VERY MUCH FOR YOUR REPLY. I HAVE UNDERSTOOD THE CONCEPT FAIRLY WELL. I HAVE FEW DOUBTS. IHOPE INSHA ALLAH YOU WILL CLARIFY THEM.

        WHEN MY GRAND FATHER DIED WHO OWNED THE PROPERT THE LIVING MEMBERS ARE:

        1. SECOND DAUGHTER OF MY GRAND FATHER. 

        2. CHILDREN OF FIRST DAUGHTER WHO DIED WHILE MY GRAND FATHER WAS ALIVE.

        3. MY FATHER WHO WAS MARRIED TO THE FIRST DAUGHTER OF MY GRAND FATHER.

        4. ALL BROTHERS AND SISTERS HAVE SAME FATHER BUT DIFFERENT MOTHERS (DAUGHTERS OF GRAND FATHER).

        MY FATHER DIED LEAVING BEHINF HIS SECOND WIFE AND HIS CHILDREN.

        THE PROPERTY OWNED BY GRAND FATHER IS TO BE DIVIDED NOW.

        PL CLARIFY THE SHARE OF INHERITANCE OF EACH LIVING MEMBER.

        ALLAH HAFIZ

        SYED Z HUSSAINI

         

        • Response to SZ HUSSAINI who wrote on Mar 9 2014

          Since your Grand Father had both SONS and DAUGHTERS who were living at the time of his death, then ONLY those children will inherit from his property/estate and wealth. None of the deceased childrens family are entitkled to anything from your Grand Fathers inheritance.

          Further ALL his living children, at the time of his death, from all of his wives are entitled to their respective shares where each MALE (son will receive twice the share of each FEMALE (daughter)

          Allah Knows Best!

  80. Assalam o alikum, My grand mother died leaving behind 3 sons of hers and 3 from the husband side. Her property was shared by her real sons but the step sons want a share in her property, is it allowed in Islam.

    • Response to Khalid who wrote on Mar 4 2014,

      No, it is not allowed for the step sons to inherit from their step mother. She could have, if she  had wanted, write a will up to a maximum of 1/3 of her property for them if she had so desired.

      Only her biological children will inherit frm her.

      Allah Knows Best!

  81. Janab As salaam walai kum.
    Wud like to know how and who will be the legal heirs of the property of my marhoom father.
    My father married a widow with 4 children .through my father we are 2 children 1 son and 1 daughter.Now my mother wants to distribute share of property to all of them ( earlier marriage 4 children and we 2 brother and sister.kindly give your valued opinion under sharia law.
    Are my step brother/sister entitled in my fathers property.
    My father had made nominee to my mother .Now my mother insist that she will give it to all.Its my sincere request to throw some light on the abovevsubject Asap.
    Dua ki darkhast.

    • Response to who shuaib wrote on Mar 2, 2014

      WIFE = 1/8 share [balance = 7/8 share)

      4 Children of wife from her previous marriage = No Shares

      SON (you) = 2/3 of 7/8 = 7/12 share

      DAUGHTER (your sister) = 1/3 of 7/8 = 7/24 share

      Total = 1/8 + 7/12 + 7/24 = 24/24 = 1 (whole)

      The step children of your Father are NOT entitled to any inheritance. However, if the legal heirs wish to give them something from their own shares then it is entirely up to them to do so voluntarily only. It is not compulsory. The step children will inherit from their biological Mother after her death.

      Allah Knows Best!

  82. Dear Sir, with reference to my question dated-28-02-14,the fectual posistion of family is being explaind as under.

    AMOUNT OF WELTH:- 10 million (Rs.10,000,000.00)

    My deceased Brother has no children.When he died,he leaves:-

    1- Wife,  Share     Amount

    2- Adopted Daughter-1. share     Amount

    3,Brother passed away aftrer the the death of my deceased brother.Detail of his family is as under:-

    Son's-2     Share of each         Amount

    Daughter's-3     share of each     Amount

    4- Brother Alive (Me). share      Amount

    5.Sister"s- 2  deceased died before( one sister having $ son's alive) 2nd sister having(4 son's &2    daughter's alive)    share      Amount

    6- Sister's -2 Alive of each    Amount of each.

    Pleas give your division based on sharia.

    I would appreciate your reply in advance.

    Sincerely,

    Muhammad Aslam Mughal Langriali Sialkot. Cell 03227392950

    5.

     

    • Response to Muhammad Aslam Mughal who wrote on Mar 1 2014

      1. WIFE = 1/4 share = 2,500,000

      [Balance = 3/4 share]

      2. ADOPTED DAUGHTER = No Share

      3. 2 BROTHERS = 2/3 of 3/4 = 1/2 share (each Brother gets 1/4 share = 2,500,000)

      4. 2 SISTERS who died before the deceased = No Shares

      5. 2 LIVING SISTERS = 1/3 of 3/4 = 1/4 share (each Sister gets 1/8 share = 1,250,000)

      Total = 1/4 + 1/2 + 1/4 = 1 (whole) = 2,500,000 + 2,500,000 +2,500,000 + 1,250,000 + 1,250,000 = 10,000,000

      The children of the deceased Brother will inherit his share (if he has no wife living at the time of his death) of 2,500,000, where each son receives 1,250,000.

      The Children of the deceased sisters DO NOT inherit anything.

      It is the responsibility of the living BROTHERS to maintain and support the children of the deceased Sisters as their legal male Mahrams (Guardians).

      The adopted child gets NOTHING as legal adoption is not allowed in Islam. However, those who have inherited their shares from the deceased may discuss and contribute a small part of their shares to this child if they agree. This is VOLUNTARY and not compulsory.

      Allah Knows Best! 

  83. Dear Sir,Assalam-o-Allaikum.

    My brother passed away,No Children, One wido(wife),one adopted daughter, TWO(2) Brothers One Brother was alive died after the death of my said brother.4(Four) sisters,Two sisters died before death and (2)Two sisters are alive.

    Value of total propirty is 10 million-One crore-Rs,10,000,000.00

    We want to know the atual distribution of Rs,one crore ,share of leagle hires according to Muslim Law & sharia.

    1-Wife of deceased ( My Brother) = %age. Amount.

    2.Share of Brother died after the death of my said brother- %age,  Amount.

    3-Share of Me,as a Brother of deceased- % age.   Amount.

    4-Share of Adopeted Daughter- % age.  Amount.

    5- Share of two sisters died before the death. %age-   Amount.

    6.Share of two (2) sister's alive- %age-   Amount.

    Eagerly awaiting for your guidence.

    Muhammad Aslam Mughal, LANGRIALI SIALKOT. Cell 03227392950

  84. salam, thank u for replying my answer. but one of my query still left that how much share should widow of my paternal uncle get from my grandfather's property.my grandfather has 2 sons and 5 daughters. she will get that much share  like my father. my doesnt have child.

  85. Asalamu Alaikum,

    Father passed away. Leaves wife, mother ( grandmother ), 4 sons and 2 daughters. Please explain how to distribute. May Allah reward you.

    Tawfiq

  86.  

    Asalamu Alaikum,

    Father passed away. Leaves wife, mother ( grandmother ), 4 sons and 2 daughters. Please explain how to distribute. May Allah reward you.

    Tawfiq

    • Response to Tawfi who wrote on Feb 23 2014

      WIFE (of deceased) = 1/8 share

      MOTHER (of deceased) = 1/6 share

      Total = 1/8 + 1/6 = 7/24, Remainder = 17/24

      4 SONS = 4/5 of 17/24 = 17/30 share (each son gets 17/120 share)

      2 DAUGHTERS = 1/5 of 17/24 = 17/120 (each daughter gets 17/240 share)

      TOTAL = 1/8 + 1/6 + 17/30 + 17/120 = 120/120 = 1 (whole)

      Allah Knows Best!

  87. Assalamu Alaikum Warahmathullahi Wabarakathuhu…

    dear sir, my father passed away 3 years ago & since more than 10 years he has been telling us (we are 2 sons & 1 daughter) which of his property is for each one of us; in the presents of my mother. he has spoken  to his brother (my uncle) about some of these things too. when he went for Haj in 2000; he wrote a last will but now the laywer says, he can't find it…

    Now these properties are not legaly divided ( by deeds) & my mother wants divide it according to what Father keept saying..

    So do we devide all property as my deceased fathers wish (waht he said in words) OR do we have to devide by the Sharia law…??

    There are 4 properties to be devided; should we calculate all the value & devide it OR each property has to be devided  seperately between us…??

    • Response to Mohammed Shaznim who wrote on Feb 23, 2014

      The best action to take is to divide the property according to the Islamic Law of Inheritance in the absence of a legal document attested by witnesses to prove that your father wished to divide it in a particular way.

      Furthermore, wills are not allowed for those family members who will automatically inherit according to Islamic Law,. They are only permissible, up to a maximum value of 1/3 to those who are NOT legal inheitors.

      Allah Knows Best!

  88. DEAR SIR

    ASAK.

    MY MATERNAL GRAND FATHER LEFT PROPERTY IN MY MOTHERS NAME WHICH WAS SOLD ( FOR RS.10 LACS) AND REINVESTED BY ADDING 1/2 OF THE TOTAL SOLD AOUMT FROM OUTSIDE PERSON (RS.5 LACS) AND PROPERTY OF 15 LACS WAS PURCHASED. 

    ADVICE NO.1

    SHOUILD 1/3 OF THE SALE PROCEEDS TO BE GIVEN TO THE OUTSIDE PERSON IF THE PROPERTY IS SOLD TODAY?

    NEXT ADVICE

    MY FATHER WAS MARRIED TO MY MOTHERS SISTER AND AFTER HER DEATH HE MARRIED MY MOTHER. MY FATHER IS NO MORE. MY MOTHER IS ALIVE. A TOTAL OF 10 CHILDREN OF MY FATHER FROM BOTH WIVES ARE AS UNDER: THE PROPERTY WAS NOT OWNED BY MY FATHER BUT WAS PURCHASED BY MY MATERNAL GRAND FATHER WHO HAD ONLY TWO DAUGHTERS AND BOTH WERE MARRIED TO MY FATHER.

    1. MATERNAL GRAND FATHER NOT ALIVE HAD ONLY TWO DAUGHTERS

    2. MY FATHER NOT ALIVE BUT HAVE CHILDREN FROM TWO WIVES WHO ARE SISTERS..

    3. FATHERS FIRST WIFE (ELDER SISTER OF MY MOTHE) NOT ALIVE BUT HAS CHILDREN.

    4. MY MOTHER IS ALIVE AND HAVE CHILDREN.

    5. MY ELDEST HALF-SISTER DIED AS A CHILD AND WAS NOT MARRIED

    6. MY SECOND HALF-SISTER DIED AND HAS LIVING HUSBAND AND CHILDREN

    7. MY THIRD HALF-SISTER IS ALIVE AND HAVE CHILDREN 

    8. MY ELDER HALF-BROTHER IS ALIVE AND HAVE CHILDREN

    9. MY ELDER BROTHER IS NOT ALIVE AND HAS CHILDREN AND WIFE

    10. MY ELDEST SISTER IS ALIVE AND HAS HUSBAND AND CHILDREN

    11. MY SECOND ELDER SISTER IS ALIVE AND HAVE CHILDREN BUT HUSBAND DIED.

    12. I AM THE SECOND BORTHER HAVE WIFE AND CHILDREN

    13. MY YOUNGER BROTHER IS ALIVE AND HAS WIFE AND CHILDREN

    14. MY YOUNGEST SISTER DIED AND WAS NOT MARRIED.

    ADVICE NO.2

    WHAT IS THE SHARE OF PROPERT FOR MY MOTHER AND HALF-BOTHERS / HALF-SISTERS AND THE BROTHERS AND SISTERS (MY MOTHERS CHILDREN) IF THE PROPERTY IS SOLD TODAY AND SALE PROCEEDS ARE TO DISTRIBUTED AS PER THE SHARIA LAW?

    THANKING YOU

    AWAITING FOR YOUR REPLY

    ALLAH HAFIZ

    SZ HUSSAINI

     

    • Response to SZ HUSSAINI who wrote on Feb 23 2014

      1. If the outside person gave the money of Rs 5 Lacs as a loand to be repaid back ony then he is only entitled to his Rs 5 Lacs. If he gave the Rs 5 lacs as an investment to buy the property, then he is entitled to 1/3 of its present value as he becomes a shareholder of the property. Everyuthing depends on how the tansaction was agreed when the property was purchased.

      2. What is important to remember in such a complex situation is the order of death of the family members since inhertance is totally based on death and the remaining living heirs. So, if we assume that the Grandfather died first, leaving behind his 2 DAUGHTERS, then the two Daughters will inherit 2/3 of the whole property.

      On the death of your FATHER's FIRST Wife (Your Step Mother), your Father would be entitled to 1/4 of her property/wealth, and the remainder will go to HER children.

      On the death of your FATHER, your Mother will inherit 1/8 share and the remainder will be distributed to all HIS children from BOTH WIVES, where each son receives twice the share of each daughter.

      Now the inheritance of the children of all the siblings depends on the order in which they died and who was left behind after each ones death.

      Anyone who had a living son, at the time of his death would bequeath his/her inheritanc e to the living spouse and the children (and the Mother if she was living at that time)

      It is only when there is NO living Father OR Son that brothers and sisters are entitkled to receive inheritance shares.

      Allah Knows Best!

  89. Dear Sir, Assalam O Allaikum .
    Your highly valued comandment is required on the following specific case.
    A lady dies leaving behind, a husband, 2 daughters, 1 brother & 2 sisters and 1 paternal uncle. What would be the course of inheritance.

    Your very kind authority would be a source of illumination for a Muslim family in Pakistan.

    • Response to Kamran who wrote on Feb 23 2014

      HUSBAND = 1/4 share

      2 DAUGHTERS = 2/3 share

      Total = 1/4 + 2/3 = 11/12

      Remainder = 1/12

      BROTHER = 1/2 of 1/12 = 1/24 share

      2 SISTERS = 1/2 of 1/12 = 1/24 share (each Sister receives 1/48 share)

      Total = 1/4 + 2/3 + 1/24 + 1/24 = 24/24 = 1 (whole)

      The Paternal Uncle DOES NOT get any share in the presence of the living BROTHER

      Allah Kows Best!

  90. assalamoalikum

    my question is dat my grandfather left house.he has 2 sons and 1daughter from first wife.and 2sons and 5 daughters from second wife. as after my grandfather death first wife,s sons sold less 35% of house part and use dat amount for their personal need.now they are dead.

    one of second wife,s son is dead but his widow is there with no child.2nd son is alive with wife n 3 daughters .my grandmother is also not alive.

    according to shariah how property value will be distributed among them.

    • Response to shamim who wrote on Feb 22 2014

      Assuming that BOTH your grand fathers wives were living at the time of hid dfeath the distribution of all his property/wealth should be as follows:-

      WIFE 1 = 1/16 share

      WIFE 2 = 1/16 share

      Remainder = 7/8

      4 SONS (from BOTH wives) = 8/14 of 7/8 = 56/112 = 1/2 (each son gets 1/8 share)

      6 DAUGHTERS (from BOTH wives) = 6/14 of 7/8 = 42/112 = 21/56 = 3/8 (each daughter gets 1/16 share)

      Total = 1/16 + 1/16 + 1/2 + 3/8 = 16/16 = 1 (whole)

      Since the two sons from youyr Grand Father's first wife have already taken 35% (35/100 = 7/20 share) of the property from your Grandfather's wealth when they are only entitled to 1/4 = 5/20, they have actually taken 2/20 = 1/10 more than their actual share. This means they have to return 1/5 each back to the rest of the brothers and sisters.

      If they cannot do so then you have no option but to divide the remainder of the prooerty between the remaining sons and daughters.
      Allah Knows Best!

       

  91. Assalamu Alaikum Warahmathullahi Wabarakathuhu…

    dear sir, my father passed away 3 years ago & since more than 10 years he has been telling us (we are 2 sons & 1 daughter) which of his property is for each one of us; in the presents of my mother. he has spoken  to his brother (my uncle) about some of these things too. when he went for Haj in 2000; he wrote a last will but now the laywer says, he can't find it…

    Now these properties are not legaly divided ( by deeds) & my mother wants divide it according to what Father keept saying..

    So do we devide all property as my deceased fathers wish (waht he said in words) OR do we have to devide by the Sharia law…?? 

    There are 4 properties to be devided; should we calculate all the value & devide it OR each property has to be devided  seperately between us…??

    eagerly awaiting for your guidence…

    • Response to Mohamed who wrote on Feb 21 2014

      Whatever your father may have wished during his lifetime it is always better to  follow Allah's Law that is stated in the Qur'an and supported by the Authentic Sunnah of Muhammad (sal).

      Now that your Father has expired and his property/wealth remains to be distributed between all his legal heirs it is recommended that you choose to do it according to the Islamic Law of Inheritance. In this case the distribution will be as follows:-

      WIFE OF DECEASED (your Mother) = 1/8

      2 SONS = 4/5 of 7/8 = 7/10 share (each son receives 7/20 share)

      1 DAUGHTER = 1/5 of 7/8 = 7/40 share

      Total = 1/8 + 7/10 + 7/40 = 40/40 = 1 (whole)

      Since the properties are not all in hard cash which can be easily divided into the above proprtions tghe way you need to divide the inheritance is based on the ACTUAL VALUE of the properties.

      Once tis is established you may choose to SELL everything and divide the moneies between each of you OR estimate the value of each and then mutually agree to take whatever properties thus valued according to the proportions each one has to receive.

      In the event this is difficult to achieve, on acckunt of the natrure and value of the properties, then you may aso agree to buy each others shares from one another for an agreed orice based on each ones share and the value of the properties.

      Allah Knows Best!

  92. Assalam-alaikum,

     

    I would like to know the distribution of my grandfather's property as under:

    My grandfather & grandmother have passed away in 1982. My grand father have six childrens 3 brothers & 3 Sisters. In his time  he had a small house which he converted in a shop. All his 3 son's (My father & his two brothers) used to run that shop. My grand father then purchased another shop and named it to my father. He also purchased 3 houses for their son and named it to them with possessions when he decided for their marraige. Now his all son are living in that houses with their respective families. All his 3 daughters were married in his time (2 daughers are elder to all brother and one is the youngest to all).

    Now all his sons (my father & two brothers) have passed away in last 3 years & we all grandchildern have decided to distribute his properties and give respective shares to each.

    All his daughers (my buas) are alive.

    Please guide us how my grand father's property will be distributed according to Shariat and Muslim Law.

    The property details are :

    1. One shop which was coverted from house is in my grandfather's name.

    2. Another shop, purchased by him and named it to his eldest Son.

    3. 3 different houses purchased by him and named to his 3 Sons ( all 3 Son's childrens with their mother are living in that houses as all his 3 Sons have passed away).

    Kindly advice us according to Muslim Law & Shariat.

    Allah Hafiz

     

    • Response to Irfan who posted on Feb 19 2014

      Only the property thaty belongs to yur Grand Father will be entitled to inheritance distribution to all his rightful heirs according to Qur'an and Authentic Sunnah. Whatever he has already gifted or given aeway to any of his children are not his property anymore and will be considered as the property of those children to be distributed to their inheritors after their own death.

      If all of your Grand Father's children were living at the time of his death, then, if your Grand Mother was also living the distribution will be as follows:-

      GRAND MOTHER = 1/8 share

      Balance 7/8 share tro be distributed to the 3 SONS and 3 DAUGHTERS where each son will get twice the shera of a daughter as follows:-

      3 SONS = 2/3 of 7/8 = 14/24 = 7/12 share (each son gets 7/36 share)

      3 DAUGHTERS = 1/3 of 7/8 = 7/24 share (each daughter gets 7/72 share)

      Total = 1/8 + 7/12 + 7/24 = 24/24 = 1 (whole)

      The property of each SON and DAUGHTER of your Grand father has to be distributed according to what they each opwned at the time of their dfeaths and which of their family members were living at that time.

      Allah Knows Best!

       

      • Dear Sir, your commandment on the following inheritance case is very kindly required.

        A lady left behind, a husband, 2 daughters, 1 brother, 2 sisters, 1 paternal uncle.

        Please guide the Islamic Shariah's course of inheritance !

        • Response to Kamran who wrote on Feb 22 2014,

          HUSBAND = 1/4 share

          2 DAUGHTERS = 2/3 share (each Daughter gets 1/3 share)

          Total = 1/4 + 2/3 = 11/12, Remainder = 1/12

          BROTHER = 1/2 of 1/12 = 1/24 share

          2 SISTERS = 1/2 of 1/12 = 1/24 share (each daugher gets 1/48 share)

          TOTAL = 1/4 + 2/3 + 1/24 + 1/24 = 24/24 = 1 (whole share)

          Allah Knows Best!

  93. AOA

    Can you please answer the following question regarding inheritance.

    In the family of three brothers "A", "B" and "C" (all died)

    "A" has only one daughter, AD1 (unmarried) and died in 1998

    "B" has three sons and no daughter, BS1 (alive), BS2 (alive), BS3 (alive)

    "C" has three sons and two daughters, CS1 (alive), CS2 (alive), CS3 (alive) and CD1 (alive), CD2 (died in 1991). 

    Now after the death of AD1 (1998) her land has to be distributed in the remaining cousin, 

    The question is that, will the cousin CD2 (died in 1991), who died before AD1 death (1998) can be part of the land inherited from AD1.

    Note: here S= son and D= daughter

    Please answer this question on priority as it made rift in the family. 

    • Response to Ali Akbar who wrote on Feb 18 2014

      CD2, who died before AD1 will NOT inherit anhthing from her cousin AD1. Neither will any of her children receive anything from AD1's property/wealth.

      Allah Knows Best!

  94. Assalamu Alaikum. My sister has died recently. She has 2 daughters but no son. Her husband is not alive. Our parents have also died a long ago. Now my brothers claim 1/3 of my sister's property. According to shariah law how much should be distributed to us brothers and sisters (3 sisters+5 brothers=total 8)?

    Mahbub

    • Response to Mahbub who wrote on Feb 18 2014,

      2 DAUGHTERS = 2/3 share (each Daughter receives 1/3 share)

      Remainder = 1/3

      5 BROTHERS = 10/13 of 1/3 = 10/39 share (each Brother receives 2/39 share)

      3 SISTERS =  3/13 of 1/3 = 3/39 share (each Sister receives 1/39 share)

      TOTAL = 2/3 + 10/39 + 3/39 = 39/39 = 1 (the whole)

      Allah Knows Best!

  95. Salam. Please explain the following scenario that we are dealing with:

    We are 3 brothers and 5 sisters. Both our father and mother have passed away. One of our sister has also died in the recent past leaving a son and a daughter. What will be the share of the property that each of our brothers and sisters (including our nephew and niece) inherit from our deceased parents?

    Thank you in anticipation of your reply.

    Ashraful Hoque

    • Response to Ashraful Hoque who wrote on Feb 17 2014

      If your PARENTS passed away before all of you then you are ALL entitled to receive your inheritace shares from whatever they have left behind.

      The distribution is as follows:-

      SON 1 = 2/11 share

      SON 2 = 2/11 share

      SON 3 = 2/11 share

      DAUGHTER 1 = 1/11 share

      DAUGHTER 2 = 1/11 share

      DAUGHTER 3 = 1/11 share

      DAUGHTER 4 = 1/11 share

      DAUGHTER 5 *(deceased) = 1/11 share

      Total = 2/11 + 2/11 + 2/11 + 1/11 + 1/11 + 1/11 + 1/11 + 1/11 = 11/11 = 1 (whole)

      The 1/11 share of the deceased DAUGHTER will be shared by her HUSBAND (if living after her) and her children (SON & DAUGHTER) as follows:-

      HUSBAND = 1/4 (of the 1/11 share PLUS whatever else she may have owned)

      SON = 1/2 (of the 1/11 share PLUS whatever else she may have owned)

      DAUGHTER = 1/4 (of the 1/11 share PLUS whatever else she may have owned)

      Allah Knows Best!

  96. As salamu Alaikum

    Dear Brother,

    My father died earlier and now my mother is no more leaving behind 3 SONS and

    1 Daughter.

    As per INHERITENCE OF THE ISLAMIC SHARIA LAW SONS SHOULD GET 2 SHARES AND DAUGHTER 1 SHARE (1/7 FOR THE DAUGHTER AND 2/7 EACH FOR THE 3 SONS)

    MY MOTHER HAS ONE SISTER. SHOULD THE WEALTH BE DIVIDE WITH HER SISTER ALSO ?. PLEASE GIVE US YOUR VALUABLE ADVICE

    • Response to Fahim Shabendri who wrote on Feb 15 2014

      Your Mothers sister is NOT entitled to any inheritance since she has SONS who are living and ibheriting from her.

      Allah Knows Best!

  97. A man is alive and has 2 commercial flats and and residential property to his name, He is having 3 sons and 2 daughters and wife is dead, daughters want equal share as brothers in Fathers property and blackmailing Father and brothers. they want to sell the property Father doesn't want his property to be sold. He distributed property according to shariah law in 2:1 ratio to which daughters agreed before but now refusing they want equal share in the property. one more thing I would like to mention that their elder son has carried  out all the responsibilities of Father like marrying off youngest sister and youngest brother, setteling all fathers debts, constructing and maintenance of father's property, medical and health problems of father were financially supported by elder son and now what the elder son should do because whateever he has donefrom  past 12 years lis going in vain.

    • Response to Zain Abdullah who wrote on Feb 12, 2014

      A believer, male or female, has everyright to distribute his welth, property, estate, and belongings that he owns to anyone he chooses when he is alive. The Islamic Law Inhertance comes into effect only after a person has deceased and his property needs to be shared between all his rightful heirs according to Shariah as explained in the Qur'an and authentic Hadeeth's.

      None of the children have any right to question the parents choice of distribution when they make it while they are living. It is the parents own responsibility and desire that will decide how their properties will be distributed.

      Whatever children have contributed toewards the welfare of the family has no bearing on what they will receive from  their family members unless it has ben stipuklated in writing, with witnesses as a contract and will be treated as a loan transaction that hasd to be repaid. If, however, the family members are cordially engaged with each other to recognize such controbutions by their siblings, then it is their own choice to agree on whatever form of distribution they mutually are accepting between each other, in a just, fair, and cordial manner.

      Whatever inheritance that has to be distributed after the death of a family member has to conform to the Islamic Laws of Inheritance. Everything else is personal choice.

      Allah Knows Best!

  98. My question is about property distribution:

    We are presently 4 brothers and 3 sisters and 1 brother passed away before my parent passed away. My father has some property from my grand parent and some he purchased in his life. But he gave some of his lands to 5 brothers name when he purchased. From our local tradition people always want to keep property among son's ignoring daughters. Now we have distributed property to our sister's from the remaing property (excluding brothers property which is in our name) 2:1 for brother and sister. Is this right or we need to distribute all property among brothers and sisters 2:1? My all brothers may not agree to distribute their share which is already in their name. Could you please advise me what we need to do according to Quran and sunnah ?  Thanks.

    • Response to Mamun who posted on Feb 8 2014

      Obly those properties that belonged to your FATHER at the time of his death are liable for distribution between all the BROTHERS and SISTERS. Those properties that were given to your brothers by your father when he was alive are your own property now. However, if the brothers want to give a portion of that property to their sisters then it is their persnal choice as they please but NOT compulsory since it is theirs now and we cannot undo what your Father had done when he was alive.

      Everything is based on the good intention towards all the members of the family.

      Allah Knows Best!

  99. Sir, A husband passed away leaving his wife, 3 sons and 2 daughters , kindly explain how the property share will be thanks.

    • Response to waqar who posted on Feb 5 2014

      WIFE = 1/8 share

      Balance = 7/8

      3 SONS = 6/8 = 3/4 of 7/8 = 21/32 share (each SON gets 7/32 share)

      2 DAUGHTERS = 2/8 of 7/8 = 14/64 = 7/32 share (each DAUGHTER gets 7/64 share)

      TOTAL = 1/8 + 21/32 + 7/32 = 32/32 = 1 (whole share)

      Allah Knows Best!

  100. Assalamuallaikum , I got some question yo ask about my husband property im the second wife we got 1 son 3 yr old,but i got 2 son 1 daughter from my first marriage.My husband not divorce to the first wife he got 2 son the eldest and youngest both marriage and got 3 daughter.how going to devide his property according to syaria law.My husband got verbal will to his brother but the first family dont want to follow it.Wish u can help me,thanks,Assalamuallaikum.

    • Response to inaah who wrote on Feb 5 2014

      FIRST WIFE = 1/16 share

      SECOND WIFE = 1/16 share

      Total = 1/8, Remainder = 7/8

      3 SONS (2 from first wife and 1 from second wife) = 6/9 of 7/8 = 42/72 = 7/12 share (each SON will get 7/36 share)

      3 DAUGHTERS (from first wife) = 3/9 of 7/8 = 21/72 = 7/24 share (each DAUGHTER will get 7/72 share)

      TOTAL = 1/16 + 1/16 + 7/12 + 7/24 = 48/48 = 1 (whole share)

      The CHILDREN of any of the WIVES from a different husband WILL NOT inherit from this HUSBANDS property/wealth. So your children from your previous HUSBAND are NOT entritled to any share from your presnt HUSBANDS property/wealth.

      Allah KNows Best!

  101. Muhammad Sani Abdullahi

    Respected sir, I would like to know about the distribution of the wealth of a deceased person who have his mother and father alive, and five children,3 males and 2 females but his wife already died.and the total amount of his wealth is six milion naira(6000,000).how to divide our property according to shariyath.please reply to my question

    • Response to Muhammad Sani Abdullahi who wrote on Feb 5 2014

      FATHER = 1/6 share

      MOTHER = 1/6 share

      Total = 1/6 + 1/6 = 1/3, Remainder = 2/3

      3 SONS = 6/8 of 2/3 = 1/2 (each SON gets 1/6 share)

      2 DAUGHTERS = 2/8 of 2/3 = 1/6 share (each DAUGHTER gets 1/12 share)

      TOTAL = 1/6 + 1/6 + 1/2 + 1/6 = 6/6 = 1 (whole share)

      Allah Knows Best!

  102. Respected sir,

    I have a question, if you could take the time to answer me it will be appreciated..

     parents divorced 9 years ago, father has not give any financial support to  mother till now. Father is getting re married and has only 2 daughters, no parents.

    How will father's assets be divided amongst 2 daughters and second wife according to Islamic Sharia Law(India). 

    Can first wife(my mother) claim her alimony which was not given to her at all.

    Is there a way to prevent second wife from getting share in father's assets so it is only distributed amongst 2 daughters. 

     

    • Response to Aliyah who wrote on Feb 4 2014

      Inheritance is distributed to ALL those eligible heirs of a deceased only.

      In this case the divorced wife is NOT eligible. Whatever she had to receive from her ex husband should have been given to her at the time of the divorce based on the common law of the land or the choicde of the ex husband as he may have deemed appropriate. Other than that there is NO provision for her to receive anything after the divorce by Islamic Sharia Law.

      The prresent wife and ALL children from BOTH wives are valid heirs and are entitlked to receive their shares as follows:-

      Present Legal Wife = 1/8

      2 DAUGHTERS = 2/3

      Total = 1/8 + 2/3 = 19/25

      Remainder of 5/24 will be distributed to ANY SIBLINGS (Brothers/Sisters) or other MALE relatives of deceased (UNCLES, NEPHEWS etc) if they are alive.

      Allah Knows Best!

       

       

  103. Salamalykum sir.
    Thanks for the reply. Sir, but s1 died after GM. I wrote that s1 died on 27 may 1995 and GM died on 17 july 1977. So GM died first leaving behind 6 legal heirs. Four sons and two daughters. So I request u to kindly answer it again. Thanks
    Jazak Allah

    • response to seema who wrote on Feb 3 2014

      Sorry, I mistook S1's death as 1975. here is the corrected version of the distribution:-

      *****************************************************

      1. GM = died July 17, 1977 (4 sons and 2 daughter at the time of her death)

      4 SONS of GM = 8/10 share of GM's property/estate (each SON gets 2/10 = 1/5 share) ie B1, B2, B3 & B4

      2 DAUGHTERS of GM = 2/10 share of GM's property/wealth (each Daughter, S1 & S2 get 1/10 share)

      Total = 8/10 + 2/10 = 10/10 = 1 (whole proiperty/wealth of GM)

      ******************************************************

       

      2. S1 = died May 27, 1995 (husband alive, 4 daughter and 3 sons at the time of death)

      Husband = 1/4 share of S1's property/wealth

      4 daughters of S1 = 2/5 of 3/4 = 6/20 = 3/10 share of S1's property/wealth (each daughter gets  3/40 share)

      3 sons of S1 = 3/5 of 3/4 = 9/20 share of S1's property/wealth (each son gets 3/20 share)

      Total = 1/4 + 3/10 + 9/20 = 20/20 = 1 (whole property/wealth of S1)

      ******************************************************

       

      3. B3 = died Jan 1, 1998 (wife & 2 sons at the time of death)

      WIFE = 1/8 share of B3's property/wealth

      2 SONS = 7/8 share of B3's property/wealth (each SON gets 7/16 share)

      Total = 1/8 + 7/8 = 8/8 = 1 (whole) property/wealth of B3

      Brothers & Sisters of B3 have NO shares from B3's property/wealth because he has living SONS

      ********************************************************

       

      4. B2 = died Dec 26, 2001 (2 sons at the time of death)

      2 SONS = Whole of B2's property/wealth (each son gets 1/2 share)

      Total = 1/2 + 1/2 = 2/2 = 1 (whole) property/wealth of B2

      Brothers & Sisters of B2 have NO shares from B2's property/wealth because he has living SONS

      *******************************************************

       

      5. B1 =  Dec 20, 2013 (no wife and no children at time of death)

      B4 = 2/3 share of B1's property/wealth

      S2 (your Mom) = 1/3 share of B1's property/wealth

      Total = 2/3 + 1/3 = 3/3 = 1 (whole) property/wealth of B1

       

      So you see that we have to take each persons death in the time it happened and then distribute their property/wealth/estate to the remaining LIVING heirs ONLY. Then each heir'sproperty will be divided to the remaining heirs when they die, in turn, one by one.

       

      Therefore one has to consider who has died, when they died, and who are alive at the time of each ones death, to be able to dictribute their reespective property/wealth accordingly in conformity to the Islamic Shariah Law of Inheritance. 

       

      Allah Knows Best!

       

      • Salamalykum sir,
        Thanks a lot for ur reply. Now we dont have any doubt and all my family members are satisfied with your detailed answer. Me, my mom and all my family members are very much thankfull to you. May Allah bless you and your family with good health and happiness. Thanks once again.
        Jazak Allah.

  104. Assalamu aly kum,
    Sir I am the son of my father who is deceased now from his first wife whom he divorced and then married another woman who was already a divorcee and she has no child either from her first husband and also from my father. My father had done vasectomy prior to his second marriage. Now please tell me sir what is the share of property between me and my step mother. My grand parents are not alive.
     

  105.  From.  Muhammad Hafeez Qureshi,  Karachi Pakistan.

    Respected Sir,    Assalamu-uAlakum.

    I seek guidance as per Commandant of Almighty Allah for the distribution of my property ( House and Flat total Rs.4.500.000/-) amongst my one son and one daughter. Wife died. He never care to ask me during my illness.

    Son is unfaithful. Residing separately since 1995 and divorced Ist wife without my wish, consent. Incurred expenditure of 2nd marriage . Not helping, but demanding money and share in the property. My younger suggested to give him flat, where he agreed and on deliver of possession by tenant he refused. His monthly income is more than Rs.30,000/- per month. No child. I afraid from  Almighty Allah for non compliance of HIS orders. Whatever his attitude I want to give share as per sharia.

    I am residing with my daughter and Son-in-law since 1995-96. Two sons aged about 17 and 11 years and two daughters aged  about 15 & 13 years. They care to me every time i.e. meal, wash cloth, provide bed  and treatment etc.

    • response to Muhammad Hafeez Qureshi who wrote on Feb 1 2014

      There is no way to deny the Commandment of Allah which He Has Stated in His Glorious Qur'an irrespective of your personal feelings, emotions, and status with your immediate family.

      In the event of your passing away, then your property/wealth/estate will ALL have to be shared between your SON and DAUGHTER where your SON receives 2/3 and your Daughter receives 1/3.

      However, due to the present situation between you and him that you have explained above you are fully entitled to distribute it now, while you are still alive, in any manner you choose and this is allowed in the Shariah.

      Yet, you must consider that he is still your son and must be entitled to something from your property/wealth/estate as Allah Has Himself deemed.

      So, you may take a decision to distribute your assets to both of them in a manner that you think they both deserve based on how they have behaved and are living their lives today.

      Only Allah Knows what is in the hearts of His creation.

  106. Assalamalykum sir,
    Thanks for your kind reply. Now I came to know that my mom ll get 1/10 share and my maternal uncles ll get 1/5 share. Sir, as u told me to write the dates of demise of my maternal uncle and aunty. So I am writing in detail below
    1) elder brother – 20 dec 2013 (died)

    2) second brother – 26 dec 2001 (died)

    3) third brother – 1 jan 1998 (died)

    4) elder sister – 27 may 1995 (died)

    5) forth brother – still alive

    6) younger sister – still alive (my mom)

    And my grand mother died on 17 july 1977 leaving behind the aforesaid legal heirs. Sir u please kindly explain me how much share my mom and other uncle ll inherit from my deceased uncle share who neither have wife nor have children and we r selling the property in 81,00000/- (81 lakh rupees). So please tell me that much money my mom ll get from my deceased uncle share. It would be very great help for me if u guide me.my moms brother whhodont have wife n children was the elder brother. I met several muslim lawyers but they r unable to guide about islamic inheritance. My mom wanted to get her share according to islamic inheritance so Allah have guided our path and shown U as our guide. Thanks a lot for ur previous replu sir. May Allah give u long life and good health. We are eagerly waiting for ur reply. Please reply soon.
    Jazaak Allah

    Reply

  107. Respected Fazli Sameer Sir,

    Thank you for your quick answer and your personal call. we are moved by your selfless & praiseworthy service to the Umma. We pray ALLAH (SWT) to grant you and your dearest famiy long life, happiness and prosparity. May Allah reward you richly both in this world and hereafter for sharing the knowledge. Please include us also in your prayer (Dua). Jazakallah Khair.

  108. Respected sir,
    Salamalykum.. I have asked some queries with u yesterday and since yesterday I am waiting for your reply. Sir, I want to describe my questions in detail so that it might be easy for u to understand. My mom has 6 siblings.4 brothers and 1 sister.
    1) elder brother _died ( no wife no children)
    2) second brother_ died(2 sons)
    3)third brother_died( wife alive, 2 sons)
    4)younger brother (alive)
    5) elder sister_ died( husband alive, 4 daughter and 3 sons)
    6) younger sister( my mom)
    My question to u is, my grandmother had a house on her name and now we all want to sell that house. As one of my uncle( mom`s elder brother) neither have wife nor children. So I wanted to know that how his share ll be divided amoung his brothers and sisters.how much share each heir ll recieve? I ll be very much thankful to u sir if u kindly reply me. May Allah bless u and give u long life. U r doing great job by spreading ur knowledge amoung people who r not aware of islamic inheritance. Hope u ll reply me soon. Thanks. Jazak Allah

    • Response to seema who posted again on Jan 28 2014

      Lets take the situation from the time your Grand Mother died and then distribute her property/wealth to all her family members, step by step as follows:-

      1. FIRST SON = 1/5 share

      2. SECOND SON = 1/5 share

      3. THIRD SON = 1/5 share

      4. FOURTH SON = 1/5 share

      5. DAUGHTER 1 = 1/10 share

      6. DAUGHTER 2 (your Mum) = 1/10 share

      Now  we need to know the order of death of your Mum's BROTHERS. Who died first and then next, and then next, because the distribution of inheritance depends on the date of death of a person and the family members who are living at that point of time.

      Kindly let me know the order of death and we will then discuss the distribution of each childs inheritance share (from their mother, your GrandMother) to each one of their family members.

      Allah Knows Best!

       

      • Assalamalykum sir,
        Thanks for your kind reply. Now I came to know that my mom ll get 1/10 share and my maternal uncles ll get 1/5 share. Sir, as u told me to write the dates of demise of my maternal uncle and aunty. So I am writing in detail below
        1) elder brother – 20 dec 2013 (died)

        2) second brother – 26 dec 2001 (died)

        3) third brother – 1 jan 1998 (died)

        4) elder sister – 27 may 1995 (died)

        5) forth brother – still alive

        6) younger sister – still alive (my mom)

        And my grand mother died on 17 july 1977 leaving behind the aforesaid legal heirs. Sir u please kindly explain me how much share my mom and other uncle ll inherit from my deceased uncle share who neither have wife nor have children and we r selling the property in 81,00000/- (81 lakh rupees). So please tell me that much money my mom ll get from my deceased uncle share. It would be very great help for me if u guide me. I met several muslim lawyers but they r unable to guide about islamic inheritance. My mom wanted to get her share according to islamic inheritance so Allah have guided our path and shown U as our guide. Thanks a lot for ur previous replu sir. May Allah give u long life and good health. We are eagerly waiting for ur reply. Please reply soon.
        Jazaak Allah

        • Response to seema who wrote on Jan 29 2014

          OK, now its is more clearer to be able to give a definite answer to your question. I will name all the parties concerned as follows to make it easier to refer to them:-

          1) Elder Brother – 20 Dec 2013 (died) = B1

          2) Second Brother – 26 Dec 2001 (died) = B2

          3) Third Brother – 1 Jan 1998 (died) = B3

          4) Elder Sister – 27 May 1995 (died) = S1

          5) Fourth Brother – still alive= B4

          6) Younger Sister – still alive (my mom) = S2

          7) Grand Mother – died on 17 July 1977 = GM

          First let us take the sequence of deaths in your Mom's family in its calendar order, as follows:-

          1. S1 = died May 27, 1995 (husband alive, 4 daughter and 3 sons at the time of death)

          Husband = 1/4 share of S1's property/wealth

          Mother (GM) = 1/6 share of S1's property/wealth

          4 daughters of S1 = 2/5 of 7/12 = 7/30 share of S1's property/wealth (each daughter gets 7/120 share)

          3 sons of S1 = 3/5 of 7/12 = 7/20 share of S1's property/wealth (each son gets 7/60 share)

          Total = 1/4 + 1/6 + 7/30 + 7/20 = 60/60 = 1 (whole property/wealth of S1)

          S1 and her Children will NOT inherit ANYTHING from GM's property/wealth since GM is alive at the time of S1 death.

          *****************************************************

          2. GM = died July 17, 1977 (4 sons and 1 daughter at the time of death, as her eldest daughter died before her, while she was alive)

          4 SONS of GM = 8/9 share of GM's property/estate (each SON gets 2/9 share) ie B1, B2, B3 & B4

          1 DAUGHTERS of GM = 1/9 share of GM's property/wealth ie S2 (your MOM)

          Total = 8/9 + 1/9 = 9/9 = 1 (whole proiperty/wealth of GM)

          ******************************************************

          3. B3 = died Jan 1, 1998 (wife & 2 sons at the time of death)

          WIFE = 1/8 share of B3's property/wealth

          2 SONS = 7/8 share of B3's property/wealth (each SON gets 7/16 share)

          Total = 1/8 + 7/8 = 8/8 = 1 (whole) property/wealth of B3

          Brothers & Sisters of B3 have NO shares from B3's property/wealth because he has living SONS

          ********************************************************

          4. B2 = died Dec 26, 2001 (2 sons at the time of death)

          2 SONS = Whole of B2's property/wealth (each son gets 1/2 share)

          Total = 1/2 + 1/2 = 2/2 = 1 (whole) property/wealth of B2

          Brothers & Sisters of B2 have NO shares from B2's property/wealth because he has living SONS

          *******************************************************

          5. B1 =  Dec 20, 2013 (no wife and no children at time of death)

          B4 = 2/3 share of B1's property/wealth

          S2 (your Mom) = 1/3 share of B1's property/wealth

          Total = 2/3 + 1/3 = 3/3 = 1 (whole) property/wealth of B1

          So you see that we have to take each persons death in the time it happened and then distribute their property/wealth/estate to the remaining LIVING heirs ONLY. Then each heir'sproperty will be divided to the remaining heirs when they die, in turn, one by one. Therefore one has to consider who has died, when they died, and who are alive at the time of each ones death, to be able to dictribute their reespective property/wealth accordingly in conformity to the Islamic Shariah Law of Inheritance. 

          Allah Knows Best!

      • Sir, I am sorry, again I forgot to mention u that my mums brother who neither have wife n childre was the ELDER brother who died on 20 dec 2013. All our family members are eagerly waiting for ur reply. Do reply me plzz
        JAzak Allah

  109. Respected Sir, Assalamu Alaikum. My Uncle has 93 cents of very valuable land including house. He has 3 children ( 1 Male + 2 Female = all married ). Uncle want to distribute his property as per Islamic law of inheritance now iteself (during his and his wife's life time only)  (all are living now) i.e. (1) a portion he want to retain for his use rest of his life, (2) a share to his wife for her own use to her rest of life (3) a share to his only son (first child)  (4) a share to his elder daughter and (5) share to his last daughter. We are Indians, governed by Islamic law for civil suits. Sir, Please guide us as to what % of share everyone is entitled as per Allah's law as we do not want to injustice to none. Jazakallah khair. May Allah grant you long life and proserity. My Saudi Arabias Moible is 00966 502 981 457, Hasan Abbas, [email protected] (2nd e-mail)

    • Response to Hasan Abbas who wrote on Jan 28 2014

      First and foremost a believer has every right to distribute his/her property to any or all of his family members in any way he/she wishes when alive. The Islamic Law of Inheritance applies only after a person has died and his property and wealth is left behind for distribution.

      The other fact is that no one knows who will die first. So it is very difficult to conclude how one must divide his/her property/wealth to the family members while still alive.

      However, if you consider a theoritical case where we assume that the Man (your Uncle) will be the one who dies first then the proportions of inheritance to his wife and children will be as follows:-

      WIFE = 1/8 share (12.5%)

      SON = 1/2 of 7/8 = 7/16 share (43.75%)

      DAUGHTER 1 = 1/4 of 7/8 = 7/32 share (21.875%)

      DAUGHTER 2 = 1/4 of 7/8 = 7/32 share (21.875%)

      Total = 1/8 + 7/16 + 7/32 + 7/32 = 32/32 = 1 (whole)

      If your Uncle wants to keep a small share for himself then he must first DEDUCT this share from the total value of the property/wealth and then divide the remainider according to the above proportions. The amount of his personal share is something he can choose by himself based on his needs. There is no fixed amount that can be mentioned accoring to Shariah.

      One must also remember now that should any of his wife or children die before him, after he has distributed his property/wealth as above, then he and the remaining members of his family will inherit from that share.

      Allah Knows Best!

  110. Salamalykum sir,
    I forgot u to mention that my grand mothers son who neither have wife nor children is not alive. Not only one daughter and one son is alive. So please tell me how much share ll be inherited amoung the remaining family members

  111. Assalamalykum sir,
    I have some quries. Kindly reply me. My maternal grand mother had a house. She was a widow and she died 30 years back leaving behind 4 sons and 2 daughrs, amoung which 1 son and 1 daughter are alive. I wanted to know how much share each son and each daughter will inherit and one important thing I wanted to bring to ur notice that amoung 4 sons of my grand mother 1 son neither have wife nor children, so how his share ll be divided amoung his brothers and sisters. Please sir, reply to my questions . Thanks

    • Response to seema who posted on Jan 27 2014

      4 SONS = 4/5 share (each son will receive 1/5 share)

      2 DAUGHTERS = 1/5 share (each daughter will receive 1/10 share)

      Total = 4/5 + 1/5 = 5/5 = 1 (whole)

      The Wife and Children of all of the deceased sons should then receive their appropraiet shares from the share of their Husband/Father (the deceased son)

      The deceased son who has no wife and no children will bequeath his shares to the LIVING BROTHERS and SISTERS at the time of his death where each brother will receive twice the share of the sister.

      If the Grandmothers property was NOT distributed at the time of her death then the shares have to be divided according to the above and then divided again to the living heirs accordingly.

      Allah Knows Best!

  112. our family contains 1 elder brother and 5 elder sister then myself.my mother is still alive.we have property like one house and cultivated land but now cultivation is not going on.how to divide our property according to shariyath.please reply to my question

    • Response to mohamed ibrahim who wrote on Jan 26 2014

      Everything depends on who owns what, the house, cultivated land, the produce etc.

      Once this is established then it becomes possible to identify which part of the property and land is entitled to be considered as inheritance portion for that particular individual to be shared between all of the heirs in the event of death.

      If one wants to divide the property, land, produce etc while one is alive, then one is free to do so as they please.

      Allah Knows Best!

    • Response to kazislam who wrote on Jan 26 2014,

      Property distribution of a believer, after his death, is based on the Islamic Shariah Law of Inheritance, in your case will be as follows:-

      WIFE = 1/4 share

      FATHER = 1/6 share

      MOTHER = 1/6 share

      Total = 1/4 + 1/6 + 1/6 = 7/12

      Remainder = 5/12

      BROTHER = 2/7 of 5/12 = 5/42

      5 SISTERS = 5/7 of 5/12 = 25/84 (each sister receives 5/84 share)

      TOTAL = 7/12 + 5/42 +25/84 = 84/84 = 1 (the whole)

      Your STEP DAUGHTERS DO NOT inherit from your property/estate. However, you have the right to WILL a maximum of 1/3 of your wealth/property to them if you choose to while you are living.

      Allah KNows Best!

  113. Dear Sir,

    As salam o allikum.

    My uncle (brother of my father) is dead. My uncle had no children of his own. My grandparents are also dead. 

    My uncle's all decendents are:

    – 1 Wife (still alive) with two sons from 'previous husband'
    – 1 Brother (still alive)
    – 1 Sister (still alive)
    – 1 Brother (dead) -> 2 sons and 1 daughter  alive
    – 1 Brother (dead) -> 2 daughters from divorced wife alive

    Both his brothers (including my father) died before his death. It would be great help if you could please guide us about inheritance law in this situation. Thank you very much.

    JazakAllah!

     

     

     

     

     

     

    • Response to Ali Ali who wrote on Jan 22 2014

      WIFE = 1/4 share

      Remainbder = 3/4

      1 LIVING BROTHER = 2/3 of 3/4 = 1/2 share

      1 LIVING SISTER = 1/3 of 3/4 = 1/4 share

      Total = 1/4 + 1/2 + 1/4 = 4/4 = 1 (whole)

      The children of the 2 DECEASED BROTHERS do not in inherit since they passed away before yor Uncle. Your Uncles step children (from his wifes previous marriage) also do not inherit from him. If tere was NO living brother present at the time of your Uncles death, then all of the chldren of al of the deceased brothers will inherit from his estate.

      If the children of the deceased brothers are minors and need to be maintained, then the responsibility of supporting them falls on the hands of the living brother who inherits 1/2 of the deceased property/wealth.

      Allah Knows Best!

  114. Q&A on FB Jan 22 2014

    I would like to know about the distribution of the wealth of a deceased person who has no children, but has mother, one sister, 4 brothers and wife, but wife is married after her husband's death. 

    RESPONSE:

    WIFE = 1/4 share (if she was the wife of the deceased at the time of his death)
    MOTHER = 1/6 share
    Total = 5/12
    Remainder = 7/12

    4 BROTHERS = 8/9 of 7/12 = 14/27 share (each brother gets 7/54 share)
    1 SISTER = 1/9 of 7/12 = 7/108 share

    TOTAL = 1/4 + 1/6 + 14/27 + 7/108 = 108/108 = 1 (whole)

    Allah Knows Best!

  115. Assalam Alaikum,

    Dear Sir,

    Kindly give me a solution to the following problem: 

    My father died a year back leaving behind my mother, one married sister and myself (unmarried daughter), I had an elder brother (who died three years back and was unmarried) …that means we were three children of our parents. My father has 2 brothers and 2 sisters as well….Now I request you to guide me regarding the distribution of my deceased father's wealth. 

     

     

    • Response to maria who wrote on Jan 20 2014

      WIFE (your Mother) = 1/8 share

      2 DAUGHTERS (You and your married sister) = 2/3 share (each gets 1/3 share)

      Total = 1/8 + 2/3 = 19/24

      Remainder = 5/24

      2 BROTHERS (of deceased) = 2/3 of 5/24 = 5/36 (each Brother gets 5/72 share)

      2 SISTERS (of deceased) = 1/3 of 5/24 = 5/72 (each Sister gets 5/144 share)

      TOTAL = 1/8 + 2/3 + 5/36 + 5/72 = 72/72 = 1 (whole)

      Allah Knows Best!

       

  116. some confusion here because the actual property is now tell me dear A man dies with following relatives left, and he leaves only cash 38 lacs actual property and plezzzzzzzzzzzz tell me percentage and ratio also k me b samajh sakun or apne friends ko b samjha sakun

    Wife (his widow), 4 Sons (no marraged) & 1 Daughter (marraged 1 son).

    so tellme Fazli Sameer bhai  how can we share a ratio cash as islamic shariah purpose??????????

    send me answer on my email and in this page also. may be this is help to others

  117. Assalam-oAlikum

    A person who left 1 widow and 4 daughters only.he has no son.

    he has 3 real brothers and 1 real sister married.

    • Response to Mirza Asad Baig – Jan 17 2014

      assuming that the deceased has no living parents at the time of death,

      WIDOW = 1/8 share

      4 DAUGHTERS = 2/3 share (each daughter receives 1/6 share)

      Total = 1/8 + 2/3 = 19/24

      Remainder =- 5/24

      3 BROTHERS = 6/7 of 5/24 = 5/28 (each brother receives 5/84 share)

      1 SISTER = 1/7 of 5/24 = 5/168

      Total = 1/8 + 2/3 + 5/28 + 5/168 =168/168 = 1 (the whole)

      Allah Knows Best! 

  118. A man dies with following relatives left, and he leaves only cash 40 lacs

    Wife (his widow), 4 Sons (no marraged) & 1 Daughter (marraged 1 son).

    so tellme Fazli Sameer bhai  how can we share a ratio cash as islamic shariah purpose??????????

    send me answer on my email and in this page may be help to others

    • Response to yousuf – Jan 14 2014

      WIFE = 1/8 share = 500,000

      4 SONS = 8/9 of 7/8 = 7/9 share = 3,111,111,11 (each son receives 777,777.78) 

      1 DAUGHTER = 1/9 of 7/8 = 7/72 share = 388,888.89

      TOTAL = 500,000 + 3,111,111,11 + 388,888.89 = 4,000,000

      Allah Knows Best! 

  119. Muhammad Faisal Ayyub

    how  I will distribute an Estate of Rs 60 Lakh among the widow two daughters and a son of a deceased Hanfi Muslim Please Answer as question asked in Islmic personal law paper in LL.B

     

    • Response to Muhammad Faizal Ayyub who wrote on Jan 13 2014

      WIDOW *(wife) = 1/8 share

      2 DAUGHTERS = 1/2 of 7/8 = 7/16 share (each daughter gets 7/32 share)

      1 SON = 1/2 of 7/8 = 7/16 share

      TOTAL = 1/8 + 7/16 + 7/16 = 16/16 = 1 (whole)

      Hence wifes share is 750,000

      Son = 2,625,000

      Daughter 1 = 1,312,500

      Daughter 2 = 1,312,500

      Total = 750,000 + 2,625,000 + 1,312,500 + 1,312,500 = 6,000,000

      Allah Knows Best!

  120. Q&A: From Abubakar Ali Ba Younus on FB, Jan 9 2014

    My father's brother has passed away he had left his wife along with two daughter. How his property will be distributed??
    Will there be any share of the deceased brothers or sister or brother's son.??

    RESPONSE:

    WIFE = 1/8 share
    2 DAUGHTERS = 2/3 share (each daughter gets 1/3 share)
    BROTHERS & SISTERS will divide the remainder (5/24 share) between therm where each brother receives twice the share of the sister [as long as the FATHER of the deceased is not living]

    If the Father of the deceased is alive then he takes the remainder 5/24 and the BROTHERS/SISTERS will NOT inherit anything at all.

    Allah Knows Best!

  121. My father wants to buy property with me, but I am afraid to do so , since I heard whatever I own when my father is still alive , upon his death all my brothers wealth with my fathers would be distributed among us 3 brothers and 5 sisters according to the shariah. Now I dont want to join my father or my siblings in buying property. I have a wife a son adaughter , 2 brothers 5 sisters , a living father ( the concern is when he passes is my hard earned wealth that is combined in my brothrs and fathers wealth through real estate….will that not be mine anymore. But distributed according to shariah because we purchased it when he is still alive. )Is this true? he remarried after my mother died and has a son and daughter.
    Or is the portion of real estate that my father legally owns islamically and documented only distributed among the hiers and not mine that I had a legal financial documented share in. Please advise , I want to do whats right..

    • What am trying to say is will my brothers and sisters claim ownership of my share that I currently earned while my father is alive belongs to all and say upon my fathers death that it is part of my fathers estate. An wealth earned after my fathers death is mine to keep.

      • response to Tariq who wrote on Jan 6 2014,

        The INHERITANCE distribution of a deceased person is based on whatever that individual OWNED at the time of his death, be it money, property, equipment, vehicles, etc. Only that which is rightfull (legally) owned by a deceased will be distributed to his spouse(s), parents, and children, as the case may be.

        What you own, legally, by yourself, will be considered as your inheritance distribution to your heirs after your demise.

        Allah KNows Best!

  122. Q&A on Facebook:-

    My father expired in 2000. My paternal grand father expired before my fathers
    death. We are 2 sisters, and, after my fathers death my paternal grand mother expired in 2005.

    I have 2 paternal uncles and 3 aunts and they are not giving us our share in property .
    i request your good self to please reply my query and guide me what should be our share and how our property should be diveded in our slves as well as our uncles and aunts

    RESPONSE:

    When your Paternal Grand Father expired, your Father and all of his brothers and sisters, should have received their share of wealth/property from the inheritance after your Grand Mother's share was given to her.

    When your Father died YOU and YOUR SISTER should have received 1/3 share EACH, of his inheritance and your Grand Mother should have received 1/6 share (assuming that you have NO brothers).

    When your Grand Mother died, her living children (2 SONS/3 DAUGHTERS) should have inherited her wealth/property. You and your sister DO NOT inherit from your Grand Mother since she has LIVING SONS at the time of her death. Her living Sons receive TWICE the share of the living Daughters. Children of any of her deceased Sons/Daughters do not inherit from her.

    So, you and your sisters rightful shares are ONLY from your late FATHERS inheritance that he left behind.

    Allah Knows Best!

  123. asalaamu alaykum

    sir,my mother died leaving money around 900000.and she left my father ,4male children including me,2 female children and her mother 

    please notify me on distribution of shares thank you

  124. Assalaamualaikum

    Mys sister has passed away. She was not married and has no children.

    We are 4 remainig sisters and my father is still alive.

    Please advise how we should distribute the inheretance?

    Jazakallah

     

    • Response to Zainab Vania who has posted a question on Dec 30 2013

      FATHER = 1/3

      4 SISTERS = 2/3 shared equally between all (1/6 share each)

      Total = 1/3 + 2/3 = 3/3 = 1 (whole inheritance)

      Allah Knows Best!

  125. If a man has more than one wife suppose two wives, how the property divide between the children of two wife and if one wife died then how the property dissolved between them

     

    • Response to Md Rizwan Alam posted on Dec 23 2013

      If a man dies leaving behind two wives then te wives share equally the share that they are entitled to.

      Each wife will receive 1/16 share (if the man has had children with any of the wives)

      The Children of ALL wives will inherit as if they are the choldren of one wife, where each son gets twice the share of each daughter.

      If one wife dies, later on, then ONLY her children will inherit from her wealth/property. The other wife, and the children of the other wife will NOT inherit from the deceased wife.

      Allah Knows Best!

  126. sir i would like you to clarify on (the inheritance of amother and father whom there son died) and for that why does the quran give the mother asixth and the father the reminder yet a share of male should be twice that of female..

    • Response to Amir bin Abdullah who wrote on Dec 23 2013

      This specific case is the one that was asked to 'Umar bin Khattab (rali) and he gave a ruling on it which is now referred to as "UMARIYATHANI and which states that, if the SON dies leaving behind his WIFE and PARENTS only, then the WIFE takes her 1/4 share (since the deceased son has no children) and the remaining 3/4 is divided between the FATHER and MTHER in the ratio of 2:1

      Similarly, if the DAUGHTER dies leaving behind her HUSBAND, PARENT and NO c hildren, then the husband takes his 1/2 share and the remaining 1/2 is divided between her FATHER and MOTHER in the proportion of 2:1.

      This clarification of 'Umar bin Khattab (rali) has been widely accepted by all Islamic Scholars around the world.

      This RULING of 'Umar (rali) applies ONLY to this specific case.

      Allah Knows Best!

  127. I 4 brothers and 5 sisters. My latte mother has gifted half portion of a residential house to me and half portion to my another brother via Registered Gift Deed some 15 years back. This property is actually in the name of my late grand mother.

    kindly advise if my siblings are again legally entitled to get their share from the property mentioned in para 1 as per Islamic Law . 

     

  128. I have a following query and request you to clarify the same.
    We are 4 brothers and 5 sisters. My latte mother has gifted half portion of a residential house to me and half portion to my another brother via Registered Gift Deed some 15 years back. This property is actually in the name of my late grand mother.

    Now other brothers/sisters are asking their share from the above property.

    Although from another residential property, which is in the name of my mother, she has distributed equal share among her all 9 children including me.

    Under the above circumstances, kindly advise if my siblings are again legally entitled to get their share from the property mentioned in para 1 as per Islamic Law, in view of the fact we two brothers already got the said property through Registered Gift Deed executed by our mother some 15 years ago. Can the Court nullify this Gift Deed if they approach the Court?
     

    • Response to Ahmed's question posted on Dec 18 2013

      The issue that one has to analyze here is LEGAL OWNERSHIP of the property, assets, estate, monies etc.

      When a believer dies ALL of the assets that are OWNED by that person will fall into the category of inheritance distribution to the valid Islamic heirs as mentioned in the Qur'an, Surah n Nisaa.

      So, what you need to assess and conclude here is that even though the property of your late mother was supposedly gifted to you by her, if it is still registered in her name then you have NO claim to it whatsoever UNLESS ALL the other beneficiaries agree.

      Allah Knows Best! 

  129. I would like to ask u about Islamic Sharia law about inheritance. If a husband has passed away leaving assests behind and there is a wife and their 3 children (two daughters and a son) and also one son from previous marriage. In Sharia law is the wifes assests also distrubuted to the children with the husbands assest? Or does sharia law only apply to divide the deceased persons assests; and not the wifes together added to it?  Plz i would like to have a reply as soon as possible

    • Response to Samra Khan's question of Dec 18 2013

      Only the DECEASED persons assets are divided between the WIFE and ALL of the children of the deceased.

      The WIFES assets will be distributed to her inheritors ONLY after she dies and she is entitked to keep all of her inheritance for herself and use it in any manner she so desires.

      Allah Has Decreed a SHARE for each of the family heirs of a deceased and they are ALL entitled to receive it and use it in any way they choose. No one has the right to deny them of this. It amounts to fire in their bellies if they do so.

      Allah Knows Best!

  130. After my grandfather died in 1954, a piece of inherited land measuring 19 shatak was sold to some buyer in 1956 by my elder uncle, may with the permission of my grandmother. At that time, my father was 18 years old and my younger uncle was 14 years old. My father has never signed any deed in regard to this transaction. The present record of right shows that my father has 5 shataks land still in his name. But, upon searching, it was found that in 1962, the first buyer had sold the whole of 19 shataks to another buyer.

    Please inform, whether as per mohammedan law, my eleder uncle or my grandmother can sell this land and if the whole transaction is void or not.

     

    • Response to Aftab Hossain

      The key factor for Islamic Inheritance is OWNERSHIP

      You have to establish the LEGAL ownership of any property or estate based on the law of your land before it can be distributed to the rightful heirs of a deceased.

      As per the Islamic Law of Inheritance the land could be sold, but the priceeds should have been distributed in the names of the RIGHTFUL heirs (Wife & All Children) accordingly. If this was not done then it is a violation of the Shariah.

      Allah Knows Best!

       

      • Dear Sir,

        Your reply is not clear to me. I am an Indian citizen. As far as my knowledge goes, as per Islamic law, mother or brother can not sale any minor's property unles she or he is authorized by father or kazi (court). Then, how can this sale is legal. It will be very helpful if you kindly explain. Also please clarify, at the age of 18 years, my father was minor or major, at the time of sale. If major, then my father's consent is needed or not.

        • My response is based on the fact that you are allowed to sell the property for the sake of dividing the shares of the rightful inheritirs and distributing it to them. ne does not have to wait till a child grows up to become an "adult" to sell the property of a deceased. What happens to the others who are also entitled to their shares and are already adults? Do they have to wait. No they dont.

          Furthermore, in islam there is NO age limit to determine maors and minors. For a girl, she becomes a major as soon as she starts her menstrual cycle and for a boy it starta as soon as he starts growing hair on his face.

          Allah Knows Best!

           

  131. My dad just passed away. We are now a family of 4, my mom me and my brother and elder sister. 1wife 2son 1 daughter. I late dad now have 2 sisters and 3 brothers. How is it calculated?

    • Response to Ali who posted on Dec 9 2013,

      WIFE (of deceased) = 1/8 share

      Balance = 7/8

      SON 1 of deceased = 2/5 of 7/8 = 14/40 = 7/20 share

      SON 2 of deceased = 2/5 of 7/8 = 14/40 = 7/20 share

      DAUGHTER of deceased = 1/5 of 7/8 = 7/40 share

      BROTHERS/SISTERS of deceased = Nil (They do NOT inherit in the presence of a SON)

      TOTAL = 1/8 + 7/20 + 7/20 + 7/40 = 40/40 = 1 (the whole)

      Allah Knows Best!

  132. I have a fiqh exam on inheritance.jazakallah kheyr to whoever wrote this and explained it,i have now understood it in a logical coherent order.May Allah reward to all those who are  involved in the kheyr.

  133. As Salaam Alaikum Brother Fazli Sameer,

    I also have a question for you. My father passed away this year in Ramadan in Pakistan. In 1994 he gifter the house to our mother, his only wife, and assumed that he has completed all the relevant paper work and that the property was transferred to my mother. So, in his mind it was his wife's property and not his anymore (we think that this what he thought). Now after his death we learnt that the property was in our father's name and was only gifted to our mother and was not transferred in her name. So at the time of death he was the ownerof the house. In this situation what is the right way to do with the property? Either to transfer it to our mother as our father gifted it to her in 1994 or distribute it among us and mother? What Allah hukm in this situation. Thanks.

    • Respnse to Question posed by DKM on Dec 1 2013

      If all of the heirs of your deceased Father are agreeable to transfer the property to your Mother as your Father had wished when he was alive, then the property can be considered to be owned by your Mother. However, Whether this can be legally executed in your country or not is something you have to inquire froma  real estate lawyer since the actual owner has passed away and will not be able to sign any document, deed, or other legal papers to execute the transfer, so that it will be legally owned by your Mother.

      In such a case the property will be only considered to be owned by your Mother by all of her heirs (children, parents, siblings, as applicable).

      If any of the heirs dissent to this arrangement, then, the property has to be distributed according to Islamic Shariah Law of Inheritance tio all the rightful heirs of your deceased Father.

      Allah Knows Best!

  134. Audrey Hamad Humphreys

    My father married an American had three daughters no sons. He passed away before his parents (my grandparents). My dad was the oldest son of three sons and had two sisters. Five children total. My dads siblings say we do not get my dads inheritance because he died before his parents did and that he was married to an American even though he was muslium?? Is this correct?

    • Response to question posed by Audrey Hamad Humphreys – Nov 26 2013

      NO, this is totally incorrect.

      The inhertance shares of your Dad have to be divided to all of his heirs, as per Islamic Shariah Law of Inheritance, as follows:-

      Dad's Father = 1/6 share

      Dad's Mother = 1/6 share

      3 Daughters = 2/3 share (each daughter receives 2/9 share)

      Total = 1/6 + 1/6 +  2/3 = 6/6 = 1 (Whole)

      Your Dad's Siblings (Brothers/Sisters) DO NOT inherit any share since his Father is alive at the time of his passing away. Any MALE ascendant (Father, Grandfather, however high) or descendant (Son, Grandson, however low) DISQUALIFIES any of the Siblings of the deceased from inheriting anything.

      Your Mum will only be entitled to a share (1/8 share of your Dad's inheritance) if she is Muslim. If not she does not receive anything. Non Muslims DO NOT inherit from their MUSLIM family members. 

      Allah Knows Best!

       

  135. As salaam aalaikum.  My parents a bought a property with their combined incomes.  When my father passed away the property became my mothers. She sold it and gave equal shares to her 5 children (4 daughters and 1 son) as a gift.  Did she do the right thing as per the sharia or was she supposed to give the son 2 shares?

    Jazakh Allah

    S.Dada

     

     

    • Response to S Dada

      First, if we assume that your Father and  Mother had EQUAL shares in the property while they were both alive, then your Father's share (assuming its 50%) of the property should have been divided between the remaining heirs as follows:-

      MOTHER (wife of deceased) = 1/8 of the deceased share of the property

      SON = 2/6 = 1/3 of 7/8 (remainder) = 7/24 of the deceased share of the property

      4 DAUGHTERS = 4/6 of 7/8 = 7/12 of the deceased share of the property (each daughter gets 7/48 share)

      Total = 1/8 + 7/24 + 7/12 = 24/24 = 1

      What your Mother should have done was to sell the property, take her part of the investment (lets say 50% of its value) and then divide the remaining 50% of the property value to herself (1/8) and her children as mentione above.

      The above shares have been computed with the assumption that the deceased (FATHER) had NO living parents at the time of his passing away. If he had any, then they will first have to be given their shares of 1/6 each before the SONS/DAUGHTERS shares are calculated on the remainder.

      Allah Knows Best!

  136. My father has passed away. Without leaving a will of inheritance, he had only declared verbal declaration in front of family n witnesses of the distribution of inheritance, which I will mention below.

    I am the  only son with  1 mother and 2 sisters.

    The complete inheritance of my father was in form of 1 plot and a house in which we reside.

    As per shariahi the distribution is very clear, but my fathers verbal declaration is

    1: 1/8 th to the mother.

    2. The plot which i mentioned will be distributed amongst the sisters, which has already been done. Both sisters have utilized their share inheritance finaces.

    3. The house to be my share.

    At this point the house is still in my fathers name, and me, my mother and 2 sisters are holding guardians.

    Both sisters and my mother agree that this is my righteous share, but my sisters are creating hinderence in letting me claim and utilize  my right.

    My question is can i claim my share in my time of need, and are they on right to stop me?

    What should i do? aaccording to shariah and law.

    • Response to M. Bilal

      Basically, the distribution of inheritance of your deceased father between all of his rightful heirs should be as follows as per Islamic Shariah Law of Inheritance:-

      WIFE = 1/8

      SON (you) = 1/2 of 7/8 (balance) = 7/16

      DAUGHTER 1 = 1/4 of 7/8 = 7/32

      DAUGHTER 2 = 7/32

      Total = 1/8 + 7/16 + 7/32 + 7/32 = 32/32 = 1

      Now the way you Father desired for the inheritance to be dustrubuted between you all is not valid unless it agrees with the values of the above computation, which is the rightful Islamic Shares of the widowed wife, son and two daughters. Also, this assumes that your Father had NO living Parents at the time of his death as if there were then they too inherit 1/6 share each.

      What you need to do is to estimate the value of all the inheritance, plot of land and house and try to see if you are able to afrive at a suitable agreement with yor Mother and 2 Sisters in seeing that each receives theur rightful share VALUES based on the computation I have mentioned above.

      Allah Knowes Best! 

  137. A young son dies. Leaving his wife but no children 2 sisters and parents behind. How does his wealth get divided? And what is the parents financial responsibility to the wife?

    jazakallah khyr

    • RESPONSE to Fari

      WIFE = 1/4 share

      FATHER = 1/2

      MOTHER = 1/4

      SISTERS = Nil (in the presence of the Father, the Brthers/Sisters DO NOT inherit)

      His parents have NO financial responsibility towards his wife cos the wife gets her due share of 1/4 of his inheritance. If they choose to give her something from their shares by their own free choice it is entirely up to them to do so but there is NO obligation on their part, whatsoever, according to Sharia Islamic Law of Inheritance.

      Allah Knows Best!

  138. Salam..

    My parents passed away and they have written a 'will' that house will go to one son and land will be shared between other two sons. Now can a son demand more property even after this will? What does islam says about this?

    • RESPONSE to sheik Afsal,

      Under Islamic Law of Inheritance a Parent CANNOT write a WILL in favir of those family members who will inherit from them automatically. hence such a Will is invalid under Shariah Law. Wills may only be made in favor of those who are NOT entitled to an inheritance share and that too up to a MAXIMUM of ONE THIRD (1/3) of the Total Inheritance only.

      SONS and DAUGHTERS weill ONLY in herit from their parents in the proportion where each son gets twice the share of the daughter.

      Allah Knows Best!

  139. Salam

    My mom passed away and my dad had gifted her the home I grew up. She wanted 1/3 of it to go to charity and the rest divided by sharia amongst the survivors (husband, 1 son and 3 daughters). My brother is creating hurdles and excuses to sell the property. he has been separated from his wife and the motehr of his 3 sons for almost 8 years. How would the property be distributed Islamically if 1. my dad passes away ? Or, 2. if my brother passes away after my dad's death and the property has not been sold by then. What right do his separated wife or their sons have on this porperty, which was earned by my dad and gifted to his wife?

    JAK

    • RESPONSE to seema – who wrote on Nov 6 2013

      First and foremost we have to establish the ownership of the property in question before we can arrive to any conclusions on its distribution after the death of its owners.

      In your case it sems that the home was OWNED by your Mum before she passed away, having been gifted to her by your Dad.

      In this case we have to FIRST deal with the inheritance sahares of your deceased Mum to her rightful heirs, according to Islamic Inheritance Laws.

      Hence, as per your Mums wishes

      CHARITY (as per your deceased Mums wishes) = 1/3 share

      Your DAD (the deceased persons husband) = 1/4 share

      Total = 1/3 + 1/4 = 7/12

      Remainder = 5/12

      1 SON of deceased = 2/5 of 5/12= 10/60 = 1/6 share

      3 DAUGHTERS of deceased = 3/5 of 5/12 = 15/60 = 1/4 (each daughter gets 1/12 share)

      TOTAL = 1/3 + 1/4 + 1/6 + 1/4 = 12/12 = 1 (WHOLE)

      Next, if ad when your Dad Passes away, then his OWN share and other properties/wealth will be divided as follows between his SON and 3 DAUGHTERS. This is assuming that your DAD does not have any LIVING parents at the time of his death.

      1 SON = 2/5

      3 DAUGHTERS = 3/5 (each Daughter gets 1/5 share)

      Allah Knows Best!

  140. assalamoalikum. Husband dies and left 1 wife, 4 daughters, 5 brothers, 2 sisters and many grand sons and grand daughters. How his property will be distributed?

    • RESPONSE TO Hossain:

      WIFE = 1/8 share

      4 DAUGHTERS = 2/3 share

      Total = 1/8 + 2/3 = 19/24

      Balance = 5/24

      5 BROTHERS = 10/12 of 5/24 = 50/288 (each BROTHER gets 10/288)

      2 SISTERS = 2/12 of 5/24 – 10/288 (each SISTER gets 5/288)

      GRANDCHILDREN = Nil

      TOTAL = 1/8 + 2/3 + 50/288 + 10/288 = 288/288

      Allah Knows Best!

  141. ASSALAMUWALAIKUM,

    I WOULD LIKE TO KNOW WHETHER THE  DECEASED WOMAN'S CHILDREN ( FOUR DAUGHTERS) WILL  HAVE ANY SHARE IN THE PROPERTY OF THEIR MATERNAL GRANDMOTHER( WHO ALSO DIED) .THE MOTHER OF THESE CHILDREN  DIED BEFORE THEIR GRANDMOTHER. I REQUEST YOU TO REPLY AT THE  EARLIEST. JAZAKALLAKHAIR.

    • RESPONSE to Aliya Yasmeen

      The four daughters of the deceased will NOT inherit frm their maternal Grand Mother if their Mother has any living BROTHERS, who will be the ones who will share the inheritance.

      Allah Knows Best!

  142. Tuan Mohamed Fouze Hassen asked,

    I have a land (14 perches) under my name and there are two units built on it with two different assessment nos. How shall I gift among my wife, two daughters and son?
    If I do not write them off on these personnel and if death befalls me, what is the status of distribution? Pl advice..Tuan Mohamed Fouze Hassen

     

     

    RESPONSE:
     

     

    The choice to gift your property to anyone you wish is entirely up to you while you are alive.

    However, after your death, whatever that belongs to you has to be divided among your legal Islamic heirs according to the Islamic Law of Inheritance that Allah Has Ordained for all believers.

    In your case, assuming that both your parents are NOT alive, the distribution will be as follows:-

    WIFE = 1/8 share
    Remainder = 7/8
    SON = 1/2 of 7/8 = 7/16
    2 DAUGHTERS = 1/2 of 7/18 = 7/16 (each daughter gets 7/32 share)

    TOTAL = 1/8 + 7/16 + 7/16 = 16/16 = 1 (whole share)

    Allah Knows Best!

     

     

  143. We have property in Pakistan of 5.0 million. Mother died and Father alive. Father's will to  buy the property one of us (me) and distribute shares of brothers / sisters. We are 3 brothers and 3 sisters and father. Can you please guide us how 5 million will be distributed. Thx.

     

     

    • RESPONSE to rahmed who posted a question on Oct 28 2013

      All property, wealth, monies, estate belonging to your deceased MOTHER should be distributed to the surviving legal heirs, according to Islamic Inheritance laws as follows:-

      FATHER = 1/4 share

      3 BROTHERS = 2/3 of 3/4 = 1/2 (each Brother takes 1/6 share)

      3 SISTERS = 1/3 of 3/4 = 1/4 (each Sister takes 1/12 share)

      Hence FATHER gets Rs 1,250,000

      Each SON gets Rs 833,333.33

      Each DUAGHTER gets Rs 416,666.66

      Allah Knows Best!

  144. Assalamualaikum,

    A person having following relatives :

    1. 3 daughters (no Son)

    2. Wife

    2. Two Brothers(both died but have their son and daughter)

    3. 1 Sister.(Alive have children)

    4. 1 Sister (died have no children but have husband alive)

    How does his property will be distributed after his dead.

     

    • RESPONSE to FARUK,

      Wife = 1/8 share

      3 DAUGHTERS = 2/3 share (each daughter receives 2/9)

      Total = 1/8 + 2/3 = 19/24

      Balance = 5/24

      1 SISTER (alive) = 1/3 of 5/24 = 5/72

      Total = 19/24 + 5/72 = 62/72

      Balance = 10/72

      DECEASED BROTHERS SON = 2/3 of 10/72 = 10/108

      DECEASED BROTHERS DAUGHTER = 1/3 of 10/72 = 10/216

      TOTAL = 19/24 + 5/72 + 10/108 + 10/216 = 216/216 = 1 (whole)

      Allah Knows Best! 

      • Assalamualaikum Fazli Sameer vai, Thnaks for responding. It seems something like

        1. Sister(Alive) gets :  1/3 of 5/24

        2. Brother-1 (dead) : 1/3 of 5/24 ( distribute to childs as you mentioned)

        3. Brother-2 (dead) : 1/3 of 5/24 ( distribute to childs as you mentioned)

        So, in that case sister and brother getting equal share right?

         

        • No,

          SISTER (alive) gets 5/72

          DECEASED BROTHERS SON gets 10/108

          DECEASED BROTHERS DAUGHTER gets 10/216

           

          Brother's SON gets TWICE the share of Brother's DAUGHTER

          Allah Knows Best! 

          • Assalamualaikum Fazli Sameer vai,

            Sorry, But I need more clarification. Someone told me in the case that I described. DECEASED dead brothers children would not get anything, all 5/24 would be given to his alive sister. Is this correct?

            If this is not correct, Then please clarify following :

            How The balance 5/24 would be distributed :

            1. Dead brother -1 (4 son, 2 daughter)

            2. Dead brother -2 (2 son, 2 daughter)

            3. Alive sister.

             

             

          • RESPONSE to FARUK's query of Oct 29,

            In this case we have to consider the SISTER (who is alive) together with the TWO deceased BROTHERS as if they were alive in order to determine their childrens shares, and then distribute the deceased brothers shares to their respective children. Hence the shares will be distributed as follows:-

             

            Wife = 1/8 share

            3 DAUGHTERS = 2/3 share (each daughter receives 2/9)

            Total = 1/8 + 2/3 = 19/24

            Balance = 5/24

             

            1 LIVING SISTER = 1/17 of 5/24 = 5/408

             

            DECEASED BROTHERS SON's (6) = 12/17 of 5/24 = 60/408 (each SON will receive 10/408 share)

             

            DECEASED BROTHERS DAUGHTER's (4) = 4/17 of 5/24 = 20/408 each DAUGHTER will receive 5/408 share)

             

            TOTAL =1/8 + 2/3 + 5/408 + 60/408 + 20/408 = 408/408 = 1 (whole)

             

            Allah Knows Best! 

  145. ASSALAMOALIKUM W W 

    how are u all? i hope fine. meri problem ye ha ke meri mother ke parrents ke pass ik house ha or 1 meri mother ke brother the jo dead ha or 1 meri mother kis sister thi jo dead ha or sirf meri mother alive ha liken us ghar me meri mother ki sister ke children jo ke aurat ha qabza kia ha.

    plz mujhe islam ke rules ke mutabiq batanye ke wo ghar kis kis ko inherited ho ga 

    thanks to all 

  146. Salam,

    My father passed away an year ago leaving behind one wife,one son,two daughters.My elder sister passed away recently.I would like to gain knowledge as to how the property division would take place with respect to the asset which my elder sister  owned and  who was divorced and to what extent the only son from my deceased sister would benefit from my fathers inheritance and his own mothers inheritance.I would also like to know how my mother,myself and my younger sister remain benifted or affected by the sudden demise of my sister.

    Thanks

  147. if a deceased person left wife1, son 1, daughters 7,and grandson1, grand daughters 2(sons childrens) what should b the shared ratio between them.

    or what will be the share if deceased persons wife also passed away what will b the share between remaining peoples

    • RESPONSE to mohammed yusuf:

      WIFE = 1/8 share

      Remainder = 7/8

      SON = 2/9 of 7/8 = 7/36

      7 DAUGHTERS = 7/9 of 7/8 = 49/72 (each Daughter gets 7/72 share)

      Grandsons and Granddaughtrers DO NOT inherit in the presence of a LIVING Son.

      Total = 1/8 + 7/36 + 49/72 = 72/72 = 1 (whole)

      Allah Knows Best! 

      • AOA

        .AMARA HERE.MY QUERY IS THAT MY MOTHER HAS PROPERTY WE ARE 2 SISTERS AND MY FATHER.

        I WANT TO KNOW WHO WIL BE THE OWNER OF PROPERTY IN CASE OF DEATH OF MY MOTHER.MAY ALLAH BLESS MY MOTHER HEALTHY LIFE AMIN.I JUST WANT TO KNOW THE SHARES.

        MY MOTHER HAS 2 BROTHERS AND I SISTER TOO.PLZ TELL ME

        I DONT HAVE ANY BROTHER

  148. my desceased grandfather(fathers father) gifted me 43 plots with registered deed not an anstral property for that can my grandfathers daughters (7), wife(1),son(1),granddaughters(sons dauthers(2) ) claim on that.what happen if during this claim desceased grandfathers wife died

    • RESPONSE to fareed:

      If the property is yours legally then no one has any claims to seek any rights from it except what is their right by way of Islamic inheritance Law based on the death of the owner.

      Allah Knows Best!

  149. AS SALAMU ALAIKUM,

    MY FRIEND PASSED AWAY LEAVING PROPERTY ( A HOUSE) . HIS WIFE DIED EARLIER WHEN HE WAS ALIVE. THEY HAD NO ISSUES AND  ADOPTED ONE SON. HE HAS MENTIONED 1/3 OF THE PROPERTY SHOULD BE GIVEN TO HIM IN A WILL.

    HE HAD 3 SISTERS AND ONE ELDER BROTHER. THE BROTHER PASSED AWAY BEFORE HE DIED. ONE OF THE SISTERS PASSED AWAY AFTER  HIS DEATH.

    THE BEREAVED BROTHER HAS TWO SONS AND ONE DAUGHTER.

    THE BEREAVED SISTER HAS ONE SON.

    NOW THERE ARE TWO LIVING SISTERS. ONE HAS ONE SON AND THE OTHER HAS THREE SONS.

    PLEASE GIVE YOUR DIVISION BASED ON SHARIA.

    • RESPONSE to Hussain:

      ADOPTED SON = 1/3 share by Will as permissible in The Shariah

      Remainder = 2/3

      DECEASED BROTHER = Nil (since he passed away before the deceased)

      DECEASED BROTHER's CHILDREN = 2/5 of Remainder (2/3) = 4/15 [This will be divided between the Decased Brothers Wife (1/8 share) and his Children where each son will receive twice the share of the daughter]

      DECEASED SISTER = 2/15 [This will be divided between the Deceased Sister's Husband (1/4 share) and her SON will take the remaining 3/4 share]

      OTHER TWO LIVING SISTERS = 4/15 (each Sister receives 2/15) [Their children do not inherit anything as they are still alive]

      Total = 1/3 + 4/15 + 2/15 + 4/15 = 15/15 = 1 (whole)

      Allah Knows Best!  

       

  150. My father's brother has passed away he had left his wife along with one daughter who is married and have five children. How his property will be distributed??

    Will there be any share of the deceased brothers or sister or brother's son.

    • RESPONSE to Anas:

      WIFE = 1/8 share

      DAUGHTER = 1/2 share

      Remainder will be distributed between LIVING brothers/sisters where each brother gets twice the share of the sister.

      Deceased Brothers children will inherit only if there are NO living brothers.

      Allah Knows Best!

  151. Salaam hope this day finds you in good health ameen.Could you please help me to clear this dispute my dads half sister has passed away (same mother different father)the following relatives are 1.Husband Deceased 2.Husband family Deceased 3.No biological or adopted children. 4.Father deceased.5.Father’s brother alive.6.Father’s sister alive.7.Mother alive.8.Brothers 2 alive same Mother not Father.8.Sister alive same Mother not Father.9.Step Father deceased.I hope this request finds you in good health would really apreciate it if you can clear this up for me and my family Jazakallah khair.

    • Response to Faheem Anjum Qureshi

      HUSBAND = 1/2 share

      MOTHER = 1/6 share

      Total = 1/2 + 1/6 = 4/6 = 2/3

      Remainder = 1/3

      2 BROTHERS = 4/5 * 1/3 share = 4/15 (each Brother takes 2/15)

      1 SISTER = 1/5 * 1/3 share = 1/15

      STEP FATHER = Nil

      FATHERS BROTHER = Nil (eliminated in the presence of the Brother)

      FATHERS SISTER = Nil (eliminated in the presence of the Brother)

      TOTAL = 2/3 + 4/15 + 1/15 = 15/15 = 1 (whole)

      Allah Knows Best!

       

  152. Assalaamualaikum, 

    I need your advise in regards to a sitaution with my cousin who recently passed away.

    Let me briefly outlay the family tree of my cousin. Not sure if the property is in the name of the Father or the Mother, mostly probabaly the property is in the name of the Mother as we last heard about but it would very beneficial if u would advise in both case either it be in the name of the Father who is alive or in the name of the Mother who has passed away.

    1) Father (alive)

    2) Mother (passed away)

    3) Male Cousin (Passed away) : Married: Wife with 3 sons (all alive)

    4) Male Cousin (alive) : Married with NO children

    5) Female Cousin (Passed away) Married: Husband passed away left behind a Son and  Daughter

    6) Female Cousin (alive) Married with a son and 2 daughters (all alive)

    7) Female Cousin (alive) Married with 3 daughters (all alive)

    8) Female Cousin (alive) Married with 2 sons and 1 daughter

    Property: A house ( double storied house of which the ground floor was built by the father and first floor was built by the Male Cousin who is alive orally agreeing that it will his part but not legally documented.

    Jewellery: About 200 grams of Gold

    Could u please advise as to how the shares in the House and the gold need to be divided.

    Jazakallah Khair

    Assalaamualaikum

     

    • RESPONSE to Rizwan:

      Most importantly, one has to correctly identify what property, cas, gold etc belongs to whom. It is only the wealth/estate of what a deceased owns entirely by himself/herself that is eligible for inheritance sharing between the valid legfal heisr as explained in the Qur'an.

      Let us assume that your cousin who mhas passed away is a MALE and his name is X

      If the MOTHER passed away first, then whatever she owned will be divided betwen the legal heirs as follows:-

      FATHER = 1/4 share

      DECEASED  COUSIN X (male) = 3/4 share

      If the decaesed cousin X is a female then she inherits 1/2

      The remainder will be divided between the closest MALE relatives (UNCLES, COUSINS) assuming that the deceased has NO living brothers and sisters

      Since the FATHER is still alive there is no case for inheritance distribution of whatever he owns until the time of his death.

      Allah Knows Best!

      • Asak,

        the deceased cousin has one brother (alive) and 4 sisters of which 3 are alive and one passed away, the sister one who has passed away has one son and a daughter alive as stated in my initial query. Please advise.

        • If the deceased cousin had one brother alive and 4 susters alive at the time of the death of their Mother then all of them will be entitled to the Mothers estate where the remainder, after the FATHER's share has beend deducted is divided between them so that each male gets twice the share of each female.
           

          That is the balance 3/4 share is divided as follows:-

          2 MALES (sons of the deceased) = 1/2 of 3/4 = 3/8 (each son gets 3/16)

          4 FEMALES (daughters of deceased) = 1/2 of 3/4 = 3/8 (each daughter gets 3/32)

          Total = 1/4 + 3/8 + 3/8 =8/8 = 1 (whole)

          The children of the deceased sister will inherit her (sisters) share only after her death and they do not inherit from the Grandmother as long as their Mother was alive at the time of the Grandmothers death.

          Allah Knows Best!

  153. What is the division of property and money if both parents are deceased leaving everything to their 3 daughters. The parents' parents are deceased except for the father's father.

    • RESPONSE to Sally who wrote, "What is the division of property and money if both parents are deceased leaving everything to their 3 daughters. The parents' parents are deceased except for the father's father." on Sep 29, 2013

      First, you have to take the deceased, one by one and not collectively since it is extremely rare that two closely related people die at the very same moment.

      Hence lets take the case of the Parents, Father & Mother.

      CASE 1

      If the Father dies first, then the Mother inherits 1/8 share as long as there are children, which is the case in this question.

      The Father's Father will inherit 1/6 share

      The Three Daughters will inherit 2/3 shared equally between them

      Total = 1/8 + 1/6 + 2/3 = 23/24

      The remaining 1/24 will go to the nearest male relative of the deceased. If Nobe, then it will be depoisted into the Public Trust for the welfare of the community at large.

      CASE 2

      In the event the Mother dies first, then the Father inherits 1/4 if there are children which is the case in this question

      The Three Daughters inherit 2/3 shared equally between them

      Total = 1/4 + 2/3 = 11/12

      The remaining 1/12 will go to the nearest male relative. If None then it will be depoisted into the Public Trustee for the benefit of the community at large.

      Allah Knows Best!

  154. 1600000 taka divided in to two wives three daughters four sons acc.to islamic law

    • Mahbub wrote on Sep 29 2013

      1,600,000 taka divided in to two wives three daughters four sons acc.to islamic law

      RESPONSE:

      WIFE 1 = 1/16 = Taka 100,000

      WIFE 2 = 1/16 = Taka 100,000

      Total = 1/8 Remainder = 7/8

      4 SONS = 8/11 of remainder (7/8) = Taka 1,018,182 [Each son gets Taka 254,545]

      3 DAUGHTERS = 3/11 of remainder = Taka 381,818 [Each Daughter gets Taka 127,272.50]

      Allah Knows Best!

  155. Dear Sir,

    I want to buy a house in the name of my wife. Who will inherit it after my wife dies, just in case she dies before me.

    Regards,

     

    Abdul

    • Abdul Rauf wrote on Sep 29 2013

      Dear Sir,

      I want to buy a house in the name of my wife. Who will inherit it after my wife dies, just in case she dies before me.

      Regards, Abdul

      RESPONSE:

      Since the property will be owned fully by your wife, the injeritors of her esatte will be as follows:-

      HUSBAND (if they have children together) = 1/4

      HUSBAND (if they have NO children together) = 1/2

      If the deceased leaves behind PARENTS, then they each (father/Mother) receive 1/6

      Remainder will be distributed between the SONS and DAUGHTERS where each SON receives twice the share of the daughter.

      If there are NO Sons and only 1 Daughter, she inherits 1/2

      If there are NO Sons and there are many Daughters, they share 2/3 equally between them

      If there are ONLY Sons, they share the remainder, after the Husbands/Parents shares have been deducted, equally between them

      Allah Knows Best!

       

  156. A man dies with following relatives left, and he leaves only cash………

    Wife,1 Son & 1 Daughter from his divorced wife, 3 Sons & 2 Daughters from the existing wife, he has one sister who has children, he has sons and daughters of died brother

    • RESPONSE to Ahmad:

      PRESENT WIFE = 1/8

      DIVORCED WIFE = Nil

      4 SONS = 7/11 (7/44 each)

      3 DAUGHTERS = 21/88 (7/88 each)

      SISTER = Nil (Siblings DO NT inherit in the presence of SON)

      DECEASED BROTHERS CHILDREN = Nil (Siblings CHILDREN DO NT inherit in the presence of SON)

      TOTAL = 1/8 + 7/11 + 21/88 = 88/88 = 1 (whole)

      Allah Knows Best!

  157. From,

    Ummer.B

    To,

    Fasil Sameer,

    Assalamualaikum,

    Sir, I received your reply.Thank you for giving advice.

  158. Can you please help me to understand how to handle me husbands remaining life benefits. He passed away leaving me his wife an American in New York without any children, his mother in Egypt, one brother with 1 son and 3 daughters, another brother with 3 daughters and a grandson, one sister with 2 sons and a daughter, another sister with 2 sons and a daughter, another sister with 1 son.  2 years prior to his death we paid $20,000 on an apartment in Egypt where we were planning to move and 80,000 on land that we had planned to use to grow olives and dates to give us a living in Egypt.  These 2 purchases were paid for with money from my 401K Pension Plan that was saved by me from working over 40 years.  Both the land and the apartment were in my husbands name as he was in Egypt purchasing them while I was in New York working so that I would have money to help save my husbands life as he had been very sick for many years and wasn't able to work.

    Can you also let me know how much of this should be given for Zakat.

    Thank you for your kind help regarding this matter.

    Sharon

    • You will have to consult an expert on Zakat to obtain this answer as this thread is only dealing with inheritance shares of a deceased.

      Allah Knows Best

      • As for inheritance shares, whatever your HUSBAND owned legally will automatically become a part of his estate that will be distributed to his legal heirs as per the commandments in the Qur'an. If any of these were accumulated by contributions from other family members then there needs to be documented evidence of such claims to the ownership of all or part of the decaesed's estate.

        WIFE = 1/8 share of the Husbands Total Estate/Property/Wealth

        MOTHER = 1/6 

        Total = 1/8 + 1/6 = 14/48 = 7/24

        REMAINDER = 17/24

        The Remainder (17/24) will be divided between his BROTHERS/SISTERS where each male receives twice the share of each female. Since there are 2 BROTHERS and 2 SISTERS they will receive the following Shares:-

        2 BROTHERS = 2/3 of 17/24 = 17/36 (each BROTHER receives 17/72 share)

        2 SISTERS = 1/3 of 17/24 = 17/72 (each SISTER receives 17/144 share)

        The CHILDREN of his Siblings DO NOT inherit anything since the SIBLINGS are alive.

        TOTAL = 1/8 + 1/6 + 17/36 + 17/72 = 72/72 = 1 (whole)

        Allah Knows Best

  159. Two muslim sisters died leaving one brother and two sisters.The desease two sisters have no husband,children,or parents.What are the shares of brother and two living sisters in the property of deseased sisters. 

    • Ummer B who wrote on Se 22 2013

      Two muslim sisters died leaving one brother and two sisters.The desease two sisters have no husband,children,or parents.What are the shares of brother and two living sisters in the property of deseased sisters. 

      RESPONSE:

      You have to consider which of the two sisters died FIRST.

      Therefore if Sister 1 Dies first, then the shares of the remaining family members will be as follows:-

      BROTHER = 2/5 share

      SISTER 2 = 1/5

      SISTER 3 = 1/5

      SISTER 4 = 1/5

      When Sister 2 Dies her property/estate/wealth will be shared as follows:-

      BROTHER = 1/2

      SISTER 3 = 1/4

      SISTER 4 = 1/4

      Allah Knows Best!

  160. Assalamoalikum,

                        sir my mother had past away. my mother left some property. please tell me this property is division in four brother, one sister & father.

     

     

    • Naveed wrote on Sep 18 2013

      sir my mother had past away. my mother left some property. please tell me this property is division in four brother, one sister & father.

      RESPONSE:

      FATHER = 1/4 share

      Remainder = 3/4

      4 BROTHERS = 8/9 of 3/4 = 2/3 (each Brother gets 1/6 share

      1 SISTER = 1/9 of 3/4 = 1/12 share

      Total = 1/4 + 2/3 + 1/12 = 12/12 = 1 (whole)

      Allah Knows Best!

  161. Rabia wrote on Sep 16, 2013,

     I wanted to know how the estate of a man would be divided if he leaves behind a mother, two brothers, a wife and a daughter? Would his mother and brothers recieve anything?

    RESPONSE:

    WIFE = 1/8 share

    MOTHER = 1/6 share

    DAUGHTER = 1/2 share

    2 BROTHERS = 5/24 share (each brother takes 5/48 share)

    Total = 1/8 + 1/6 + 1/2 + 5/24 = 24/24 = 1 (whole)

    Allah Knows Best!

  162. Mahjerin wrote on Sep 16 2013,

    Please help me to resolve the question.

    A women gifted her shares (valued approximately 20,00000/-) to her children (one son and one daughter). Now the children are giving back these shares to their mother. And now she wants to give the total number of shares to her grandchildren (biological only, because his son has a step son also). Her daughter is newly married. In this case, can the women give all her money to her grandchildren? And what about the daughter' s would be children? Is she bound to give her money to his husband?

    Thank you

    RESPONSE:

    As long as the person is alive he/she is allowd to gift whatever they please to anyone in any quantity. There is NO islamic rule for gift to family members.

    It is only when a [person DIES that the Islamic Law of Inheritance is applied for the distribution of the shares of the deceased.

    Allah KNows Best!

  163. Assalamu Allaikum.

    I Have a query and i want some answers. ive sold a particular land and i want to know how much share for each person would be. total amount is Rs 150,000

    how it will be divide in between my mother  and my 5 sisters and between me.

    1 mother

    5 sisters

    1 son

    I'm waiting for your regards.

    Thank you.

    • Faiz wrote on Sep 18 2013,

      Assalamu Allaikum.

      I Have a query and i want some answers. ive sold a particular land and i want to know how much share for each person would be. total amount is Rs 150,000

      how it will be divide in between my mother  and my 5 sisters and between me.

      1 mother

      5 sisters

      1 son

      I'm waiting for your regards

      RESPONSE:

      I assume that this land belonged to your Father who may have deceased by now? Also that his parents are not alive at the time of his demise?

      MOTHER = 1/8 share

      Balance = 7/8

      SON = 1/4

      5 DAUGHTERS = 5/8 (each Daughter gets 1/8)

      TOTAL = 1/8 + 1/4 + 5/8 =8/8 = 1 (whole)

      Allah Knows Best!

  164. As Salaam,

    Jazakallah for all the information above.

    My husband and I  would like to draw up our wills could you please assist us.

    We bouth would firstly like to donate my 1/3 to our adopted son as he is unable to inherit.

    There after the following are left for myself

    1x brother

    1 x mother

    1 x husband

    1 x maternal grandfather

    My husband has the following people left:

    1 x wife

    1 x mother

    1 x father

    3 x brothers

    1 x grandmother paternal

    Could you please advise us how to go about doing this.

    Jazakallah

    Mariam

     

     

    • Frst and foremost you can ONLY WILL the 1/3 share for your adopted Son as per Islamic Shariah Law of Inheritance.

      You CANNOT WILL anything to your spouse and immeduate biological family as these shares are already pre determined by Allah and will only be distributed after the demise of an individual to his/her legal heirs (spouse, parents, children etc)

      The reason for this is mainly because you DO NOT know who will die first and the Islamic Inheritance shares are based on who remains alive after the death of a family member.

      As an example, if you will a portion of your wealth to a child and the child dies before you then that share of inheritance is invalid from an Islamic point of view.

      Allah Knows Best!

  165. Can you please tell me the inheritance in the following scenario:

    Man has no children. When he dies, he leaves:

    1. Wife

    2. Brother with 2 sons & 2 daughters

    3. 3 nephews (from a deceased brother)

    4. distant cousins

     

    • Asiff wrote on Sep 16, 2013,

      Can you please tell me the inheritance in the following scenario:

      Man has no children. When he dies, he leaves:

      1. Wife

      2. Brother with 2 sons & 2 daughters

      3. 3 nephews (from a deceased brother)

      4. distant cousins

      RESPONSE:

      WIFE = 1/8 share

      BROTHER = 7/8 share

      The deceased brothers children do not inherit in the presence of a LIVING BROTHER. The Living Brother is responsible for the maintenance and support of the deceased brothers children.

      Allah Knows Best!

      • Jazak Allah for your reply. 

        Can you just clarify one more thing:
        In the above scenario, if the sons of the deceased brother are all earning and have their own families, what is meant by "The Living Brother is responsible for the maintenance and support of the deceased brothers children." 
        Should the living brother then gift them some property from what he received? 

        Question 2: 
        Woman dies, leaving behind:
        1. Brother
        2. daughters with children (including sons)
        3. grandson & granddaughter from a deceased son
         

         

        • No, the purpose of the responsibility for the upkeep of the deceased brothers children is only based on their need. If they are self sufficicnet then there is no requirement for the living brother to support them in any way. However, he is free to give them what he chooses based on his own decision.

          Q2: RESPONSE

          DAUGHTERS (2 or more) = 2/3 (they will share this equally between themselves)

          Remainder = 1/3

          3 GRAND SONS from deceased SON = 6/7 of 1/3 = 2/7 (each will receive 2/21

          1 GRAND DAUGHTER from deceased SON = 1/7 of 1/3 = 1/21

          BROTHER = NIL (since the Grand Son denies him a share)

          TOTAL = 2/3 + 2/7 + 1/21 = 21/21 = 1 (whole)

          Allah Knows Best!

           

  166. Moulana Fazil Sameer Saheb,

     

    Assalam o alaikum wa rahmatullah wa brakatuh

    I wish to inform you that my father in law expired and mother in law has one house  and some agricultural land on her name before the expiry of her husband. She has 3 sons and 3 daughter all married. She gave my responsibility of property distribution I am being elder son in law. Kindly help me what percentage each child to get as per Islamic law.

    I wrote 3 mail to you earlier but my reply is not given. I am afraid whether you received my earlier mail or not. Kindly atleast acknowledge if I am in que because of your busy schedule so that I can wait for the reply else I have to find other site for this purpose. I am checking regularly reply to others who wrote after me but my mail of 8th Sept, 11th Sept and 12th sept. is not replied.

    Jazaka Allah.

    Mohammed Shakeel Ahmed

    [email protected]

    • RESPONSE to Mohammed Shakeel Ahmed

      ONLY the property that is owned by your Father in Law is liable for inheritance. Whatever is owmned by your Mother in law remains as her own until such time as she passes away and then it will become valid for distribution to the remaining heirs of the family.

      Your Father in Laws Property/Estate/Wealth/ Monies etc will be divided  as follows:-

      WIFE = 1/8

      Balance = 7/8

      3 SONS = 2/3 of 7/8 = 7/12 (each son will get 7/36 share)

      3 DAUGHTERS = 1/3 of 7/8 = 7/24 (each daughter will get 7/72 share)

      TOTAL = 1/8 + 7/12 + 7/24 = 24/24 = 1 (Whole)

      Allah Knows Best!

    • Assalam o alaikum Fazil Saheb,

      Jazak Allah for the reply. May Allah bless you good health and long life so that you guide us with the Islamic Law. May Allah protect all of us from wrong doing and show us the right path.

      Ma'assalama,

      Mohammed Shakeel Ahmed

      Muscat Oman

      • Wa Eeyak! Alhamdulillah! It is the bounden duty of every single believer to share whatever knowledge he/she has gathered with the rest of the Ummah for tyhe benefit of the community. I only know what I have learned through the years with the Mercy and Blessings of the Almighty. That does not make me infallible. I can make mistakes although I try my best to respond to the best of my ability with what I have learned so far.

        Fazli

  167. Assalamu Aalaikum

     I wanted to know how the estate of a man would be divided if he leaves behind a mother, two brothers, a wife and a daughter? Would his mother and brothers recieve anything?

    •  

      RESPONSE:

      WIFE = 1/8 share

      MOTHER = 1/6 share

      DAUGHTER = 1/2 share

      2 BROTHERS = 5/24 share (each brother takes 5/48 share)

      Total = 1/8 + 1/6 + 1/2 + 5/24 = 24/24 = 1 (whole)

      Allah Knows Best!

  168. Hello bhaia,

    Please help me to resolve the question.

    A women gifted her shares (valued approximately 20,00000/-) to her children (one son and one daughter). Now the children are giving back these shares to their mother. And now she wants to give the total number of shares to her grandchildren (biological only, because his son has a step son also). Her daughter is newly married. In this case, can the women give all her money to her grandchildren? And what about the daughter' s would be children? Is she bound to give her money to his husband?

    Thank you

    • The Islamic Law of Inheritancde is ONLY applicable to the distribution of the shares of a DECEASED to the rightful heirs.

      Any beluever has the freeedom to distribute his/her wealth in any way they choose when they are alive. However, they are required to JUST and FAIR to all of teir family memnbers.

      Allah Knows Best!

  169. This link may be useful to illustrate the love that should prevail between family members in the matters of property, wealth, money and inheritance. – http://riyadhconnect.com/saudi-citizen-gifts-his-house-to-late-brothers-family-to-fulfill-brothers-wish/

  170. Assalam-o-Alaikum!

    My uncle died leaving behind a widow,four daughters,one brother and one sister.I want to know the share of each inheritor.

    • Mohamed Zahid wrote on Sep 9 2013,

      Assalam-o-Alaikum!

      My uncle died leaving behind a widow,four daughters,one brother and one sister.I want to know the share of each inheritor.

      RESPONSE:

      WIDOW (wife) = 1/8 share

      4 DAUGHTERS = 2/3 share

      Total = 1/8 + 2/3 = 19/24

      Balance = 5/24

      BROTHER = 5/36

      SISTER = 5/72

      TOTAL = 19/24 + 5/36 + 5/72 = 72/72 = 1 (WHOLE)

      Allah Knows Best!

      • so it means there is a share of borther and sister in his property?

         

      • Thank you for your fast reply but there is a problem…some lawyers are saying that there is no share of his sister because he had daughters(children).Now what should we do?

        • Mohammed Zahid has responded to a query he posed that was answered before as follows:-

          Thank you for your fast reply but there is a problem…some lawyers are saying that there is no share of his sister because he had daughters (children).Now what should we do?

          RESPONSE:

          The correct ruling on the shares of the BROTHERS and SISTERS s that they become ENTITLED if and only if the deceased has no MALE ascendant or descendant, which is the case in your original query.

          In Islam only males are considered in the genealogical line of ascendants and descendants, hence the presence of daughters DOES  NOT discount the shares of the Siblings.

          Allah Knows Best!

           

  171. ASA Kum,,
    my mother inherited one house (2 floors) from my grand father ,my father and my grand parents expired long back. my mother is still alive and has 3 sons and 4 daughters would like to know how to legally distribute that house among her children as per islamic shariyah.

  172. A man (A) dies and has two living sons and two living sons of his daughter. The daughter died while the man (A) was still alive. Will the two sons of his daughter (who was already dead at the time of mans death) will get any share in the inheritance. Pls help and I will appreciate it.

    • RESPONSE:
       

      NO, the SONS of the deceased DAUGHTER are not entitled to inherit ANYTHING in the presence of the LIVING SONS. The Living Sons are responsible for their maintenance and support, according to the Authentic Sunnah.

      Allah Knows Best!

  173. Salaam.

    Can you please inform me as to how an estate should be dissolved in terms of Sunni Islamic law where the husband divorced his first wife but had one son and two daughters. is the divorced wife entitled to any inheritance and do the children inherit and according to what percentage.

    shukran

    • Imtiyaaz wrote on Sep 8 2013,

      Salaam.

      Can you please inform me as to how an estate should be dissolved in terms of Sunni Islamic law where the husband divorced his first wife but had one son and two daughters. is the divorced wife entitled to any inheritance and do the children inherit and according to what percentage.

      shukran

      RESPONSE:

      The divorced wife WILL NOT inherit anything from her ex husbands estate/property

      The sons and daughters of the deceased will inherit all of what the deceased has left behind, prividing he has no living parents at the time of his death as follows:-

      SON = 50%

      DAUGHTER 1 = 25%

      DAUGHTER 2 = 25%

      Allah Knows Best!

  174. Dear sir. Myself and my wife live and has property, share in companies, movable assets, bank accounts in dubai in individual and joint names.we have 2 sons. I have my mother (father passed away), 2 brothers and one sister. My wife has both parents and 4 brothers. Pls give an index of distribution under sharia law??

    • RESPONSE:

      1. In the event of your demise then the inheritance shares will be distributed as follows:-

      WIFE = 1/8 share of all your property, estate, wealth, monies, etc

      MOTHER = 1/6 share

      2 SONS = 17/24 share (each son receives 17/48 share)

      BROTHERS/SISTERS will not inherit in the presence of your SONS

      Total = 1/8 + 1/6 + 17/24 = 24/24 = 1 (WHOLE)

      2. In the event your wife will pass away before you, then the inheritance shares will be distributed as follows:-

      HUSBAND = 1/4 share of all your property, estate, wealth, monies, etc

      FATHER = 1/6 share

      MOTHER = 1/6 share

      2 SONS = 5/12 share (each son receives 5/24 share)

      BROTHERS/SISTERS will not inherit in the presence of herSONS

      Total = 1/4 + 1/6 + 1/6 + 5/12 = 24/24 = 1 (WHOLE)

      Allah Knows Best!

  175. We are two brothers having three houses. First house is in my name and 10% down payment was made by my brother, the rest I am taking care of. The second and third house is in our mothers name but majority payments were made by my brother, I paid only 10 percent towards these houses. How do we divide the property among two of us. Father passed away, mother is alive. We used to live as joint family in the first house mentioned above for some time.

    Sabahat

    • RESPONSE:

      All inheritance is based on OWNERSHIP. Hence whatever is divided as shares of the rightful heirs of a deceased mst be based ENTIRELY on what the deceased OWNED at the time of death, be it the whole property, a percentage, or a share of a business or any other commodity.

      Thus if any of you were to pass away, then ONLY THAT PORTION of the property that you own, LEGALLY, will come into the inheritance for distribution. Whatever investments each party may have made on the family property must be established legally in a written format in order to ascertain wtaht their ownesrhip in that property, estate, or commodity was.

      Allah Knows Best!

  176. md Siddiq wrote on FB, Sep 4 2013,

    Conversation started today

    11:15am

     

     

    Md Siddiq

    Assalamu Alaikum wa rahmatullahi barakaathuhu

    Sir… My parents are no more …Please advise the sharia law

    we are 2 brothers and 2 sisters all are married. My sisters living with their husbands whom are wealthy than us (sons).

    My father along with his 6 brothers was a partner(director) in a firm doing textile business(private limited company) .. now myself and my brothers taking entire fathers share in two halves are involved as partners (in his part) in the same business..5 years passed..

    Our sisters claim share and dividends of my father's in business apart from other wealth which are already distributed according to 2:1 ratio..

    My doubts are 1. Is business of father also considered wealth so that it has to be shared with sisters.. so even giving them profits earned out of their share. though they will not take part in business..

    2. Perks (salary) was given to my father at his time, now the same amount is divided equally amongst sons although we are getting extra from our own perks for our work.. Sisters also claim perks in 2:1 ratio is it correct claim.

    please clarify wassalam

    RESPONSE:

    Yes, your sisters have a right to your Father's business and its continued profits as per Islamic Shariah Law. Their share is HALF the share of each Brother, both in ownership and profits earned.

    Allah Knows Best!

  177. Salam Wa Laikum ,

    Our great grand father had 2 wifes from his 1st wife had 1 son and 2 nd wife had 1 son and 5 daughters we .

    We have old house of our great grand father , Great Grand father and his wifes are dead 2 sons and daughters are alive want to devide the property can you please guide us how the shares will be distributed among them .

    Asif

    • Asif Dadwad wrote on Sep 4 2013,

      Salam Wa Laikum ,

      Our great grand father had 2 wifes from his 1st wife had 1 son and 2 nd wife had 1 son and 5 daughters.

      We have old house of our great grand father , Great Grand father and his wifes are dead 2 sons and daughters are alive want to devide the property can you please guide us how the shares will be distributed among them .

      Asif

      RESPONSE

      You have to begin from your Great Grand Father since he is the one who owned the property.

      If BOTH your Great Grand Mother was not alive at the time of your Great Grand Father's death then his property will be divided between his SONS and DAUGHTERS who were ALIVE a the time of his death. If all were living at that time the the division of the property will be as follows:- [ 2 SONS & 5 DAUGHTERS from both Wives]

      SON 1 = 2/9

      SON 2 = 2/9

      DAUGHTER 1 = 1/9

      DAUGHTER 2 = 1/9

      DAUGHTER 3 = 1/9

      DAUGHTER 4 = 1/9

      DAUGHTER 5 = 1/9

      Total = 2/9 + 2/9 + 1/9 + 1/9 + 1/9 + 1/9 + 1/9 = 9/9 = 1 (WHOLE)

      Since some of the CHILDREN of your Great Grand Father are now dead you have to divide their individual shares between their wives/children. If any of them were DEAD before your Great rand Father then their wives/children will NOT inherit anything since there are other LIVING SONS.

      Allah Knows Best!

       

  178. Jane Liliana asked on FB on Sep 1 2013,

    Q. My uncle is alive, he want to distribute his property to his 2x Sons, 2 x daughters and his wife and he want to get his own share from the property. how much share every one will get form his property ??

    RESPONSE:

    Since he is alive he can choose to distribute the property any way he chooses although he is adviced by the Sunnah to be just and fair between all family members. There uis no Islamic ruling on how to share ones property when one is alive. Inheritance (Mawarith) in islam is only based on the shares of the heirs after the death of a believer.

    Allah Knows Best!

  179. Assalamualikum.

    Qns: Unfortunately My elder  brother (age 45) doesnt keeps a good relationship with my father since many years. Their relationship is just like a strangers. anyway now my brother is forcefully asking my father through his friends that my father must give his share of the properties in our father name to him or atleast the share of the properties which are in our mother name ( died in 2001). Now i want to know IS THIS CLAIM LEGAL? and if my father wish to give him his share, HOW SHOULD HE DIVIDE ACCORDING TO ISLAMIC SHARIA?

    JAZAKALLAH KAHEIR

    • Mohamed Faruk wrote on Sep 1, 2013

      Assalamualikum.

      Qns: Unfortunately My elder  brother (age 45) doesnt keeps a good relationship with my father since many years. Their relationship is just like a strangers. anyway now my brother is forcefully asking my father through his friends that my father must give his share of the properties in our father name to him or atleast the share of the properties which are in our mother name ( died in 2001). Now i want to know IS THIS CLAIM LEGAL? and if my father wish to give him his share, HOW SHOULD HE DIVIDE ACCORDING TO ISLAMIC SHARIA?

      JAZAKALLAH KAHEIR

      RESPONSE:

      Of course all your brothers and sisters are entitled to inherit the wealth of both your parents. Whatever your mother left behind at the time of her death must also be shared with your older brother as per Islamic Shariah Law of Inheritance. Whatever your Father leaves behind after his death will also be shared by him.

      Sons and Daughters will recieve their shares after the remaining (living) parent share has been distributed where each son will receive twice the share of each daughter.
       

      Your Father is also entitled to distribute whatever portion of his wealth he wishes to any of his children while he is alive although the Sunnah advices that he must be just and fair with all of his children.

      Allah Knows Best!

  180. Dear Sir,

    We have sold the land of our deceased Father, the total amount is 400,000 rs, amongst heirs we are two brothers, a mother, one married sister and a son of our deceased sister, could you please guide what amount the every heir will have.

    Jazakallah

  181. Noman Ahmad wrote on Aug 28 2013,

    janab assalamoalikum,

                                          mere chacha ka intekal ho gays tha unke koi auladd nahi thi aur intekal se pehle apni biwi ko bhi talak de chuke the intkaal ke waqt unki ek bahan aur ek bhai hayat the aur ek bade bhai ka intekaal pehle hi ho chuka tha unki jaydad ka batwara islami shariah se kis tarah hoga?     

    TRANSLATION:

    "My uncle passed away and he didn't have any children. Before his death, he had also divorced his wife. At the time of his death, he had one brother and one sister living. An elder brother had died earlier. How should his wealth be distributed."

     

    RESPONSE in ENGLISH:

    If he has NO parents living then all of his wealth will be distributed to his LIVING Brother and Sister ONLY as follows:-

    BROTHER = 2/3

    SISTER = 1/3

    Allah Knows Best!

  182. Asalla alikum

    My father wants to distribute his property ( in herited ancestrial property ) between his children.  ( 2 sons & 1 daughter ) at the same time safe gaurding his n our mothers intrests. what should be the distribution as per sharia law.

    Thankyou.

    • Naseer wrote on Aug 28 2013,

      Asallamu alikum My father wants to distribute his property (inherited ancestral property) between his children. (2 sons & 1 daughter) at the same time safe gaurding his n our mothers intrests. what should be the distribution as per sharia law. Thankyou.

      RESPONSE:

      The Islamic Law of Inheritance is applicable only when a person is deceased because the bemneficiaries of his/her estate is shared between those who are alive after the persons demise.

      In the case of your Father, if he is deceased first, then the distribution will be as follows (assuming his parents are not alive at that time):-

      WIFE = 1/8

      2 SONS = 4/5 of remainder (7/8) = 7/10 (each son receives 7/20 share)

      1 DAUGHTER = 1/5 of remainder (7/8) = 7/40 share

      Total = 1/8 (5/40) + 7/10 (28/40) + 7/40 = 40/40 = 1 (whole)

      Allah Knows Best!

  183. Zoya Siddiqui wrote on Aug 25, 2013

    we are 3 brothers and 2 sisters we have only 1  house whose value is 5000000  rs our parents are died how can we distribute this  property ??/

    RESPONSE:

    3 BROTHERS = 3/4 (each brother gets 1/4) = 1,250,000 each

    2 SISTERS = 1/4 (each sister gers 1/8) = 625,000 each

    Total = 1,250,000 X 3 + 625,000 X 2 = 5,000,000

    Allah Knows Best!

  184. Sir, My father in law he is still alive and distributing the properties in his children, but as per my view he is doing injustice to his daughters, first he is not declaring all the properties to his daughters and also showing lesser value of sons share and showing bigger values of daughter share.

    can you please let me know the exact percentage daughters and sons should get if some distributing in his life time he has 3 sons and 2 daughters and and my mother in law expired.

     

    • Shahid wrote on Aug 26 2013,

      Sir, My father in law he is still alive and distributing the properties in his children, but as per my view he is doing injustice to his daughters, first he is not declaring all the properties to his daughters and also showing lesser value of sons share and showing bigger values of daughter share. can you please let me know the exact percentage daughters and sons should get if some distributing in his life time he has 3 sons and 2 daughters and and my mother in law expired.

      RESPONSE

      he has every right to distribute his property in whatever way he thinks fit during his lifetime. it is only after his death that whatever property that belongs to him is distributed to his valid heirs according to Islamic Law. However, according to the Sunnah, he is obliged to be JUST and FAIR to all of his family. This is entirely his choice since he will be answerable to Allah about how he managed his wealth and property.

      Allah Knows Best!

  185. we are 3 brothers and 2 sisters we have only 1  house whose value is 5000000  rs our parents are died how can we distribute this  property ??/

  186. Sir,Can stepchildren get any share from the heritage? For ex. A woman married a man who has children from his first marriage. When this woman dies, can the husband's children inherit anything from their stepmother's property? If the answer is yes, what is the rate?

     

    • Ahmer Sanaullah wrote on Aug 21 2013

      Sir, Can stepchildren get any share from the heritage? For ex. A woman married a man who has children from his first marriage. When this woman dies, can the husband's children inherit anything from their stepmother's property? If the answer is yes, what is the rate?

      RESPONSE:

      NO, Children can ONLY inherit from their biological parent(s) and NOT from their adopted or step parents.

      In such cases Islam has made the provision for the adopter or step father/mother to be aboe to WILL a part of their estate up to a maximum of 1/3 (ONE THIRD ONLY) to such step children, if required.

      Allah Knows Best!

  187. Meyran Ibrahim wrote on Aug 16, 2013

    A husband died and left his wife with no kids, his mother,one full sister( meaning same mother same father) with 10 kids, and 2 half sisters meaning maternal sisters, one married and one un married what is the islamic regulations on how to share the property which is inform of cash

    RESPONSE:

    MOTHER = 1/6
    FULL SISTER = 1/2
    HALF SISTER 1 = 1/6
    HALF SISTER 2 = 1/6

    Total = 1/6 + 1/2 (3/6) + 1/6 + 1/6 = 6/6 = 1 (Whole)
    Allah Knows Best!

    • Assalaolaykum…
      I am married and i dont have any kids. What will hapen if i died..
      My Dad passed away almost more than 2 years back. I just have my MOM
      2 MARRIED SISTERS. AND ONE HANDYCAP SISTER NOT MARRIED AND ONE ELDER BROTHER Married. Please help me with this matter. Does my wife get anything from my property if i died. Plz plz help me..
      Thanks
      ALLAH HAFIZ.

      • Mairaj wrote on Sep 9 2013,

        Assalaolaykum…
        I am married and i dont have any kids. What will hapen if i died..
        My Dad passed away almost more than 2 years back. I just have my MOM
        2 MARRIED SISTERS. AND ONE HANDYCAP SISTER NOT MARRIED AND ONE ELDER BROTHER Married. Please help me with this matter. Does my wife get anything from my property if i died. Plz plz help me..
        Thanks
        ALLAH HAFIZ.

        RESPONSE:

        In the event of your death (may Allah Give you long life), the inheritance will be distributed as follows:-

        WIFE = 1/8 share

        BROTHER = 2/5 of remainder 7/8 = 7/20

        SISTER 1 = 1/5 of remainder 7/8 = 7/40

        SISTER 2 = 1/5 of remainder 7/8 = 7/40

        SISTER 3 = 1/5 of remainder 7/8 = 7/40

        TOTAL = 1/8 + 7/20 + 7/40 + 7/40 + 7/40 = 40/40 = 1 (WHOLE)

        All valid inheritors will get their due shares, irrespective of whether they are married, single, able or disabled.

        If any of the heirs are unable to manage their share of the property/inheritance, then the closest male relative should take responsibility to manage the finds for them.

        Allah Knows Best!

         

        • Assalmalaykum.
          Thanks for ur reply… As i told u i dont have any kids.
          I got ur answer. But there is nothing about my Mom..
          Father past away.
          I have my MOM
          1BROTHER

          • Assalamalaykum
            Sorry.. sir i got ur reply.. thanks for that.
            Sir
            I dont have kids.. what if i died
            What shair my family gets as per as islamic law
            My father past away..
            I have my MOM and my Wife
            3 sisters
            1 elder brother
            I got ur answer but i dint see any thing about my MOM
            What my MOM GETS as per as Islamic law

          • RESPONSE:

            I am sorry, I missed your Mum from the computation.

            The CORRECT calculation should be as follows:-

            In the event of your death (may Allah Give you long life), the inheritance will be distributed as follows:-

            WIFE = 1/8 share

            MOTHER = 1/6 share

            REMAINDER = 17/24

            BROTHER = 2/5 of remainder 17/24 = 17/60

            SISTER 1 = 1/5 of remainder 17/24 = 17/120

            SISTER 2 = 1/5 of remainder 17/24 = 17/120

            SISTER 3 = 1/5 of remainder 17/24 = 17/120

            TOTAL = 1/8 + 1/6 + 17/60 + 17/120 + 17/120 + 17/120 = 120/120 = 1 (WHOLE)

            Allah Knows Best!

  188. Sajjad Hussain wrote on FB on Aug 18 2013

    My mother died in 2004, leaving behind one son and two daughters of a predeceased son who died in 1994,i.e. two grand daughters.She belonged to Sunni sect of Hanafi Fiqa.What are the shares in the inheritance of of my mother.Father and grand parents are dead.Thanks.

    RESPONSE:

    All of your Mothers inheritance will go to the LIVING SON
    The two Grand daughters from the deceased son will NOT inherit
    The responsibility of the welfare of these two grand daughters rests on the LIVING SON who inherits his Mothers full inheritance.

    Allah Knows Best!

  189. Anonymous wrote on Aug 18 2013

    My father married to second wife after the death my mother. From my mother we have one son and two daughter. my step-mother have two sons and one daughter. She also have one daughter that is not from my father. Recently my father have expired. How we will share property?

    RESPONSE:

    STEP MOTHER = 1/8 share (=9/72)
    Balance = 7/8

    All the sons and daughters from both marriages will be treated equally where each son receives twice the share of each daughter

    3 SONS from both marriages = 42/72 (each son receives 7/36 share)
    2 DAUGHTERS from both marriages = 21/72 (each daughter receives 7/72 share)
    DAUGHTER of Step Mother from her previous marriage = NIL (she cannot inherit from her step father and only from her biological mother and siblings, if any)

    Total = 9/72 + 42/72 + 21/72 = 72/72 = 1 (the WHOLE)

    Allah Knows Best!

  190. Assalam Alikum Brother

    We are 5 sister's alive (1 deceased sister, her husband married one more sister of us) and 1 brother.  Our parents recently passedaway.  They left us a house, some gold and cash.  My questions to you is as follows:

    1) What are the shares for brother and sisters ?

    2) Does our deceased sister get's any share as she passed before our parents?

    3) Does our brother get's any share in the gold?

    Please provide us answers as per Sharia.  Thank you for your help in advance.  Rest Allah knows the best.

    George Denlov

     

     

    • George Denlov wrote on Aug 18 2013

      Assalam Alikum Brother

      We are 5 sister's alive (1 deceased sister, her husband married one more sister of us) and 1 brother.  Our parents recently passedaway.  They left us a house, some gold and cash.  My questions to you is as follows:

      1) What are the shares for brother and sisters ?

      2) Does our deceased sister get's any share as she passed before our parents?

      3) Does our brother get's any share in the gold?

      Please provide us answers as per Sharia.  Thank you for your help in advance.  Rest Allah knows the best.

      George Denlov

      RESPONSE:

      First we have to establish which of your parents died first, because the living parent at the time of the death of the other parent will also inherit from the deceased.

      Also I assume that all your grandparents are not living.

      Next, let us assume that your Father died first.

      Then your mother will inherit 1/8 share of what he has left behind in money, gold, property, land, and anything else he owned.

      The remaining 7/8 will be divided between ALL of the remaining children SONS/DAUGHTERS) who are alive only where the brother gets twice the share of each sister

      In this case since there are 1 Brother and 5 Sisters, the shares will as follows:-

      BROTHER = 1/4

      5 LIVING SISTER's = 5/8 (where each SISTER gets 1/8)

      Total = 1/8 + 1/4 (2/8) + 5/8 = 8/8 = 1 = (WHOLE)

      ==================================================================

      If your MOTHER died first before your FATHER, then the Inheritance distribution will be as follows:-

      FATHER = 1/4 share

      BROTHER = 3/14 (= 6/28)

      5 LIVING SISTER's = 15/28 (each SISTER gets 3/28 share)

      Total = 1/4 (7/28) +  3/14 (6/28) + 15/28 = 28/28 = 1 (WHOLE)

      =================================================================

      The division of the inhertitance after the death of the second parent (FATHER or MOTHER) is simple as follows:

      BROTHER = 2/7

      5 LIVING SISTER's = 5/7 (each SISTER takes 1/7 share)

      ==================================================================

      Your Deceased SISTER DOES NOT get any share if she died before BOTH of your PARENTS.

      ==================================================================

       YES, Your brother WILL get a share from the Gold and ANYTHING else that was owned by the deceased.

      ==================================================================

      Please also remember that the responsibility of taking care of the children of the deceased SISTER falls on the hands of your BROTHER and that is why he gets his double share as ordained by Allah

      Allah Knows Best!

      • Assalam Alikum Brother Fazil Sameer

        Thank you for your quick response, you guessed scenarios’ right.  That's what actually happened.  I still have one more question.  

        1) My deceased sister has children who are major now and settled.  Does my brother still holds any responsibility towards them.

        Thank you for your help in advance.  May Allah Subhana Wa Talah shower his blessings on you and your family.  Ameen.

         

         

        • George Denlov responded on Aug 25 2013,

          Assalam Alikum Brother Fazil Sameer

          Thank you for your quick response, you guessed scenarios’ right.  That's what actually happened.  I still have one more question.  

          1) My deceased sister has children who are major now and settled.  Does my brother still holds any responsibility towards them.

          Thank you for your help in advance.  May Allah Subhana Wa Talah shower his blessings on you and your family.  Ameen.

          RESPONSE:

          If the children are adult males who are capable of managing their lives by themselves, then the responsibility ceases on your brother. If they are females, then the responsibility remains until they are married. In the event the females are widowed/divorced, then the responsibility returns to your brother once again.

          Also, the Adult male brother has a responsibility towards his sister in a similar manner as mentioned above.

          Allah Knows Best!

  191. Please advice for the inheritance share of the following:

    – Deceased is a Male

    – One wife having no children (issue less)

    – Parents – Not alive

    – brothers two (both are not alive – one has a son and two daughters)

    – no real sister

    – one con-sanguine brother and one sister

    I shall be grateful

    • Malik Parvez Akhtar wrote on Aug 15, 2013

      Please advice for the inheritance share of the following:

      – Deceased is a Male

      – One wife having no children (issue less)

      – Parents – Not alive

      – brothers two (both are not alive – one has a son and two daughters)

      – no real sister

      – one con-sanguine brother and one sister

      RESPONSE:

      WIFE = 1/4 share

      CONSANGUINE BROTHER = 3/10

      CONSANGUINE SISTER = 3/20

      BROTHERS SON = 3/10

      Total = 1/4 + 3/10 + 3/20 + 3/10 = 20/20 = 1 (Whole)

      The deceased Blood Brothers Daughter does not inherit in the presence of the son who takes his 3/10 share. However, this son is responsible for his sister.

      Allah Knows Best!

    • RESPONSE:

      WIFE = 1/4 share

      CONSANGUINE BROTHER = 3/10

      CONSANGUINE SISTER = 3/20

      BROTHERS SON = 3/10

      Total = 1/4 + 3/10 + 3/20 + 3/10 = 20/20 = 1 (Whole)

      The deceased Blood Brothers Daughter does not inherit in the presence of the son who takes his 3/10 share. However, this son is responsible for his sister.

      Allah Knows Best!

  192. Hussain wrote on Aug 13 2013,

    I have a question but first ill give you some necessary information.
    A man passes away he has no children or wife. His parents have passed away. His granparents have passed away his uncles have passed away.
    He has a uterine sister and a female 1st cousin. His male second cousin is dead but his 4 children 2 male and 2 female are alive.
    Who is entitled to inheritence and ehat is the share?

    RESPONSE:

    UTERINE SISTER = 1/6 share

    FEMALE FIRST COUSIN = 1/2 share

    DECEASED MALE SECOND COUSINS SONS (2) = 2/9 (each son gets 1/18 share)

    DECEASED MALE SECOND COUSINS DAUGHTERS (2) = 1/9 (each daughter gets 1/18)

    Total = 1/6 + 1/2 + 2/9 + 1/9 = 18/18 = 1 (The Whole)

    Allah Knows Best!

  193. Mahbub wrote on Aug 13 2013,

    my father has died 12th march 2013.he left two wives ,five sons,three daughters.would you please let me know the distributation of property.

    RESPONSE:

    WIFE 1 = 1/16 share

    WIFE 2 = 1/16 share

    5 SONS = 70/104 (each son will receive 14/104 share)

    3 DAUGHTERS = 21/104 (each daughter will receive 7/104 share)

    Total = 1/16 + 1/16 + 70/104 + 21/104 = 104/104 = 1 (The Whole Inheritance Share)

    Allah Knows Best!

  194. Assalamu alaikkum,

    My Husband has 1 elder brother and 2 elder sisters. His father and mom are alive. His father remarried another women and stays apart. But before his remarraige, he gave one house for each daughters and one house to be shared by 2 sons (Worths equal to all) and gave 2 lands to his first wife (my mother in law). This is the situation.

    1. Please letme know how will the properties in the names of my mother in law will share??

    2. And whatever property my father in law has already given to their children is right by Islamic Law??

    Another case.. My mother in law's father has 2 lands and also my mother in law is the only daughter of his father. Please let me know how his property would be shared between his grandchildren, as i already said 2 daughters and 2 sons. My Mother in law's father is alive and he wishes to share the property equally. Is that possible in Islam??

    Please reply as soon as possible.

    Wasalamm

  195. my father has died 12th march 2013.he left two wives ,five sons,three daughters.would you please let me know the distributation of property.

  196. I have a question but first ill give you some necessary information.
    A man passes away he has no children or wife. His parents have passed away. His granparents have passed away his uncles have passed away.
    He has a uterine sister and a female 1st cousin. His male second cousin is dead but his 4 children 2 male and 2 female are alive.
    Who is entitled to inheritence and ehat is the share?

    • Rashidah wrote on Aug 13, 2013,

      My Husband has 1 elder brother and 2 elder sisters. His father and mom are alive. His father remarried another women and stays apart. But before his remarraige, he gave one house for each daughters and one house to be shared by 2 sons (Worths equal to all) and gave 2 lands to his first wife (my mother in law). This is the situation.

      1. Please let me know how will the properties in the names of my mother in law will share?

      2. And whatever property my father in law has already given to their children is right by Islamic Law?

      Another case.. My mother in law's father has 2 lands and also my mother in law is the only daughter of his father. Please let me know how his property would be shared between his grandchildren, as i already said 2 daughters and 2 sons. My Mother in law's father is alive and he wishes to share the property equally. Is that possible in Islam?

      RESPONSE:

      1. If your Mother in Law dies first, then her Inheritance Shares will be as follows:-

      FATHER IN LAW = 1/4 share of her property/estate/wealth

      MOTHER IN LAW's FATHER = 1/6

      Total = 1/4 + 1/6 = 10/24

      Balance = 14/24

      2 SONS = 14/36 (each son gets 7/36)

      2 DAUGHTERS = 7/36 (each daughter gets 1/72)

      Total = 1/4 + 1/6 + 14/36 + 7/36 = 36/36 = 1 (The Whole)

      Please note thaty if your Mother in Laws Mother is still alive at the time of your Mother in Law's death, then she too will inherit 1/6 share and only the remainder after that will be divided between the Sons and Daughters where each son gets twice the share of each daughter.

      2. YES, whatever a living person bequeaths to his/her family member or even an outsider is not his/her own property anymore and hence will not be included in the inheritance shares when he/she dies. Only the property that belongs to the deceased comes under nheritance distribution.

      3. The inheritance of your Mother in laws Father will be divided as follows:-

      MOTHER IN LAW = 1/2

      Balance 1/2 will go to the closest MALE relative(s) of your Mother in Laws Father (eg; brother, brothers son etc). If there are none then this 1/2 will go to the Bait ul Mal Fund for the benefit of the community.

      The Daughters children do not inherit from the Grand Father.

      YES, if the Grand Father wishes he can distribute his property equally between anyone he chooses while he is still alive. 

      Allah Knows Best!

  197. CAN U PLS TELL ME THE SHARE DISTRIBUTION AMOUNG 4 SISTERS WHO ARE NOT MARRIED,ONE BROTHER,TWO NEPHEWS OF THE TWO BROTHERS AS PER SHARIA LAW.

    • M D Ashif wrote on Aug 11 2013

      CAN U PLS TELL ME THE SHARE DISTRIBUTION AMOUNG 4 SISTERS WHO ARE NOT MARRIED,ONE BROTHER,TWO NEPHEWS OF THE TWO BROTHERS AS PER SHARIA LAW.

      RESPONSE:

      BROTHER = 1/3

      4 SISTERS = 2/3 (each sister gets 1/6)

      2 NEPHEWS = NIL (as long as the b rother is alive, nephews donot inherit)

      Allah Knows Best

  198. Assalamu alaikum (varah)

    We are 7 childrens in our family. 3 of them are female, they all get married. Rest of the 4 are males among 1 of the brother get married. And our father passed away, while our mother is with us. My father has a property of a business shop which is maintained by our 1st brother. Other 3 of us are working privatley. Now, how to share the profit from the our father's shop among ourselves. Is there any share for our married sisters? How many share for our 1st brother who is maintaining the shop? How much for our mother and remaining 3 brothers.

    • Mohamed wrote on Aug 10 2013,

      We are 7 childrens in our family. 3 of them are female, they all get married. Rest of the 4 are males among 1 of the brother get married. And our father passed away, while our mother is with us. My father has a property of a business shop which is maintained by our 1st brother. Other 3 of us are working privatley. Now, how to share the profit from the our father's shop among ourselves. Is there any share for our married sisters? How many share for our 1st brother who is maintaining the shop? How much for our mother and remaining 3 brothers.

      RESPONSE:

      MOTHER = 1/8 share (11/88)

      4 SONS = 8/11 X 7/8 = 56/88 (each son will receive 14/88 share)

      3 DAUGHTERS = 3/11 * 7/8 = 21/88 (each daughter will receive 7/88 share)

      TOTAL = 11/88 + 56/88 + 21/88 = 88/88 = 1 (WHOLE)

      You will have to agree about how the shares will be divided since it is a business that is being run by one of the brothers. n e way is to sell the business and share the value as per the above ratios. Another is for the brother who is running the shop to pay off each of the siblings the value of each ones share based on a current valuation. or else each sibling has to be given a share of the business and will receive the profits based on his/her share. It is up to all to sit down, disvuss and agree the method of sharing based on the above.

      Allah Knows Best!

  199. How to divide joint property of husband and wife after the death of husband? Property bought by both . Is it necessary to divide the property for adult children when the mother is alive?

    • Mohamed Meera wrote on Aug 5 2013,

      How to divide joint property of husband and wife after the death of husband? Property bought by both . Is it necessary to divide the property for adult children when the mother is alive?

      RESPONSE:

      If the joint property is legally owned equally by both husband and wife with 50% shares each, then only that 50% owned by the husband will be divided between the wife and children of the deceased.

      The Wife will receive 1/8 share if there are children

      The Children will receive the remainder where each Son gets twice the share of the daughter.

      If the Children are minors then their shares must be held by a Custodian (or even deposited into a Bank Account in their names) until they are adult enough to utilize their shares. The living Mother also has the right to use the Childrens Shares for their benefit, eg; education, maintenance, etc.

      The Mothers 50% share will be divided between the living Children after her death.

      In both cases the Fathers parents and Mothers Parents should be deceased otherwise they will inherit a 1/6 share each, too

      Allah Knows Best!

  200. ASAK,

    I understand, son's share is 2:1 to a daughter.

    There are 3 sons and 1 dughter. What would be the distribution?

    Also, if parents wish to give the daughter equal share (1/4) as the sons. How could it be accomplished?

     

    • SON's = 6/7 ( each son gets 2/7)

      DAUGHTER = 1/7

      The only way the parents can give the daughter a 1/4 share is to give it while they are alive. Once they have died all their property, estate, wealth has to be divided between the heirs according to the Islamic Law of Inheritance

  201. Please can you tell me if father has three daughters, no brother and sister, no father and mother then how will his property be distributed  after his death ?? Thank you.

    • Mohamed imtiyaz wrote on Aug 3 2013

      Please can you tell me if father has three daughters, no brother and sister, no father and mother then how will his property be distributed  after his death ?? Thank you.

      RESPONSE:

      THREE DAUGHTERS: = 2/3 of the Father's Property/Estate/Wealth, where each daughter will receive 2/9 share

      Balance 1/3 will go to the NEAREST MALE relative, eg; Fathers brother, First Cousin, etc.

      If none, then the balance 1/3 will go to the Baitul Mal Fund.

      Allah Knows Best!

  202. Emad ud Din wrote on July 29 2013,

    salam,

    I have 1 son & 2 daughter,Could you please tell me how shall i Distribute My property and money in between my son & daughter's according to quaran & Sunnah.

    JJK

    Emad

     

    RESPONSE:

    Your property will only be distributed according to Islamic Shariah Law of Inheritance AFTER your death and not while you are living. You are allowed to give them whatever you please according to your wishes while you are alive.

     

    On your death the inheritance shares will be as follows:-

    1 SON = 1/2 your wealth

    2 DAUGHTERS = 1/4 each

     

    [assuming that you have no living parents at the time of your death, or else they will also inherit before the shares are distributed to your children]

     

    Allah Knows Best!

  203. Nadir wrote on July 30 2013,

    Salaam,

    Please help me in following case (Urgent).

    Male dies: amount left 20 Lakhs

    People left behind

    1.  Wife

    2.  Two daughters – Unmarried

    3.  One Son – Unmarried

    4.  Mother and Father

    5.  3 Brothers (two elder and one young – all of them married and earning).

    6.  One sister – Married.

     

    Please help me how to distribute the amount as per Sunni shariah.

     

    RESPONSE:

    1. WIFE = 1/8

    2. MOTHER = 1/6

    3. FATHER = 1/6

    4. SON = 13/48

    5. DAUGHTER 1 = 13/96

    6. DAUGHTER 2 = 13/96

    7. 3 BROTHERS = NIL

    8. 1 SISTER = NIL

     

    TOTAL = 1/8 + 1/6 + 1/6 + 13/48 + 13/96 + 13/96 = 96/96 = 1 (WHOLE)

     

    Note: Brothers/Sisters DO NOT inherit when there is a MALE ascendant (Father) or descendant (Son).

     

    Allah Knows Best!

  204. Saeed Khalid wrote on July 30 2013

    ASSALAMU ALAIKUM.

    IT IS ABOUT MY NEPHEW PROPERTY AND DIED WITHOUT CHILD NO WIFE, LET WITH SISTER FORM THE SAME MOTHER, FATHER'S BROTHER SON'S, DAUGHTER'S AND HIS AUNTIE AND HER SON'S AND DAUGHTER'S. PLEASE HELP US WITH THE SHARE?

    WA ALAIKUM SSALAM

     

    RESPONSE:

     

    I am assuming that your nephew had NO parents when he died.

     

    SISTER = 1/2 share

    FATHERS BROTHERS Sons/Daughters will share the remainder (1/2) where each son will get twice the share of the daughter

    AUNTIE an d CHILDREN = NIL

     

    Allah Knows Best!

  205. Md AlMamun wrote on FB on July 30 2013

    Assalamualaikum,
    my mother who is only one daughter but have no brother. After father died her mother got married again. After married she get one son and one daughter. After few year she(her mother) died when she was two children(1son and 1daughter) by second marriage and also my mother( who was her first marriage daughter).

    So,

    1) how many way my mother can get her father property? 
    2) how many way my mother get her mother property?

    RESPONSE:

    1. Your Mother will inherit 1/2 share, and your Mothers Mother will inherit 1/8 share of your Grand Fathers property.

    2. Your Mother will inherit 1/4 share from your Grand Mothers property. Her (your mothers) step brother will inherit 1/2 share and her (your mothers) step sister will inherit 1/4 share.

    Allah Knows Best!

     

  206. Mrs Inayat Iqbal wrote on July 30 2013

    I own a house. This house is in equally name of my husband and me. My husband is dead. We have no children. My husband has only a step brother; Mother was same but two fathers. My husband has no real uncle or aunt. I have one brother alive and the other is no more, but he had 6 children. I don't have any sister.

    I am an 80 years old lady. I want to dispose this house according to shariah. Please help me what should be the distribution?

    RESPONSE:

    First, the HALF SHARE of your house, which was owned by your husband needs to be distributed to his rightful Qur'anic heirs as follows:-

    WIFE (you) = 1/4 of the half share of the house

    STEP BROTHER = 1/6 of the half share share of the house

    Total = 1/4 + 1/6 = 5/12

    Balance = 7/12

    In the absence of any other MALE uncle, cousin, nephew of your husband this share will also go to his Step Brother.

    Allah Knows Best!

     

     

  207. I own a house. This house is in equally name of my husband and me. My husband is dead. We have no children. My husband has only a step brother; Mother was same but two fathers. My husband has no real uncle or aunt. I have one brother alive and the other is no more, but he had 6 children. I don't have any sister.

    I am an 80 years old lady. I want to dispose this house according to shariah. Please help me what should be the distribution?

     

    Regards.

     

  208. ASSALAMU ALAIKUM.

    IT IS ABOUT MY NEPHEW PROPERTY AND DIED WITHOUT CHILD NO WIFE, LET WITH SISTER FORM THE SAME MOTHER, FATHER'S BROTHER SON'S, DAUGHTER'S AND HIS AUNTIE AND HER SON'S AND DAUGHTER'S. PLEASE HELP US WITH THE SHARE?

    WA ALAIKUM SSALAM

  209. Salaam,

    Please help me in following case (Urgent).

    Male dies: amount left 20 Lakhs

    People left behind

    1. Wife

    2.Two daughters – Unmarried

    3.One Son – Unmarried

    4. Mother and Father

    5.3 Brothers (two elder and one young – all of them married and earning).

    6. One sister – Married.

    Please help me how to distribute the amount as per Sunni shariah.

  210. salam,

    I have 1 son & 2 daughter,Could you please tell me how shall i Distribute My property and money in between my son & daughter's according to quaran & Sunnah.

    JJK

    Emad

  211. Haseeb ul Haq AlAnsari wrote on FB on July 27, 2013

    My wife's father is 92 years of age, whereas the mother is no more. He has two sons, and three daughters, including my wife. One of the daughters lives in Pakistan. He has property in the form of a building in his name in India. He says that when he dies his property will be distributed according to the shariah. Please tell me whether my wife, living with me in India, can inherit her share in her father's property according to the shariah, and if so what will be her share? Thank you.

    RESPONSE:

    All of your Father in Law's wealth/estate/property will be divided between all of his children where each son will receive twice the share of the daughter.

     

  212. Shameer Khan wrote on July 27 2013

     

    As salamu alaikum,

    If a Musim male dies without surviving any children but who has adopted one son, how will his property be distributed in accordance with Sharia amongst following inheritors (all of them alive):-

    1) Wife 
    2) adopted son
    3) 4 brothers (from same parents)
    4) 3 sisters (from same parents)
    5) mother still alive
    6) 1 brother &1 sister(from deceased father's second wife)

    Please reply to me as earliest as possible.

     

     

    RESPONSE:

     

    MOTHER = 1/6
    Total = 5/12
    Balance = 7/12
    3 BROTHERS/1 HALF BROTHER/3 SISTERS/1 HALF SISTER = Remainder 7/12 where each brother gets twice the share of the sister

    Siblings having the same Father inherit together as FULL brothers and sisters while siblings having the same Mother and different Fathers inherit differently (they receive 1/6 share each) from the Full Brothers/Sisters.

    Allah Knows Best!

  213. Mohammed Imthiyaz wrote on July 27, 2013

    Assalamualikum,

    please hilight my request of property sharing by sunni muslim shariya

    My father passes away , before in his pressence he write the house on her name this worth of 5 lacks infian rupees, we have four sons and there sisters, my elder borther is dead recently.

    plase advise.

    thanks M. Imtiyaz

    RESPONSE:

    I believe you are referring to your mother when you say, "he write the house on her name this worth of 5 lacks infian rupees" ? Also I assume that your deceased Father has left behind 4 sons and 3 daughters when you state, "we have four sons and there sisters,"?

    Based on the above, your mother and your brothers/sisters will only inherit whatever that belonged to your father. What he has given to your mother and other children will not be a part of his inheritance as long as it has been distributed officially and legally.

    His inhertance will be divided as follows:-

    YOUR MOTHER: 1/8

    LIVING BROTHERS/SISTERS: Remaining 7/8 divided between all of you where each brother gets twice the share of the sister

    Allah Knows Best!

  214. Assalamualikum,

    please hilight my request of property sharing by sunni muslim shariya

    My father passes away , before in his pressence he write the house on her name this worth of 5 lacks infian rupees, we have four sons and there sisters, my elder borther is dead recently.

    plase advise.

    thanks M. Imtiyaz

  215. Thaer Ahmed posted on FB on July 26 2013,

    Salam 

    I have a question i hope you can answer 

    If a son dies before his parent are the sons kids and wife entitled to any of the inheritance 

    The son has 

    1 wife 

    2 sons from wife, also only 1 of those son are alive 1 pasted away without any kids 

    2 sons from a divorced wife 

    The son parents are both deceased with 5 boys and 5 girls 

    I really appreciate the help and i hope the questions are clear enough

     

     

    RESPONSE:

     

    1. Son's children will inherit from their Grandparents only if there are no male heirs (sons) of the Grandparents still alive at the time of the Grandparents death. 

    2. Sons wife never inherits from his fathers estate, whether he is living or dead.

    3. The inheritance shares of the Grandparents will be divided between all of their living sons and daughters only

     

     

     

    One must also understand that the Sunnah requires the living sons of the deceased Grandparents to be responsible for the children of their deceased siblings (brothers/sisters)

     

     

    Allah Knows Best!

     

     

  216. Feroz Ahmed wrote on July 22 2013

    As salamu alaikum,

    If a Sunni Musim male dies, how will his property be distributed in accordance with Sharia amongst following inheritors (all of them alive):-

    1) Wife 

    2) Daughter (only one)

    3) 2 brothers (from same parents)

    4) 2 sisters (from same parents)

    5) No parents alive

    Please reply to me as soon as possible. 

    Allah knows the best.

     

    RESPONSE:

    WIFE = 1/8

    DAUGHTER (1) = 1/2

    BROTHERS (2) = 1/4 (each Brother gets 1/8)

    SISTERS (2) = 1/8 (each Sister gets 1/16)

     

    TOTAL = 1/8 + 1/2 + 1/4 + 1/8 = 8/8 = 1 (Whole)

     

    Allah Knows Best!

  217. required your advice on following distribution

    Deceased Person- Male

    Wife- One having no childrens

    Father/Mother- Not Alive

    Brother- One & not alive having Three Sons & Two Daughters

    Real Sisters- Four Two are unmarried & Two are married

    • Inheretence Share wrote on 25 July 2013,

      required your advice on following distribution

      Deceased Person- Male

      Wife- One having no childrens

      Father/Mother- Not Alive

      Brother- One & not alive having Three Sons & Two Daughters

      Real Sisters- Four Two are unmarried & Two are married

      RESPONSE:

      WIFE = 1/4 share

      SISTERS (4) = 2/3 share (each sister gets 1/6 and their marital status does not change their inheritance)

      DECEASED BROTHERS SONS (3) = 1/12 (each son gets 1/36)

      TOTAL = 1/4 + 2/3 + 1/12 = 12/12 = 1 (Whole)

      The deceased brothers 2 daughters do not inherit. His sons are responsible for their guardianship and maintenance.

      Allah Knows Best!

  218. As salamu alaikum,

    If a Sunni Musim male dies, how will his property be distributed in accordance with Sharia amongst following inheritors (all of them alive):-

    1) Wife 

    2) Daughter (only one)

    3) 2 brothers (from same parents)

    4) 2 sisters (from same parents)

    5) No parents alive

    Please reply to me as soon as possible. 

    Allah knows the best.

  219. Saadia wrote on July 17 2013

    Thanx for the reply but many islamic scolars say that if a boy does not have a son only a daughter then their is a small share in the property of ur brother please tell me what does the quran say about it thanx

    RESPONSE

    Yes, you do have a share in your brothers property ONLY after he dies and not while he is alive since he has NO male ascendant or descendant.

    His wife will receive 1/8, his daughter will receive 1/2 and you will receive the remaining 3/8

    This totals 1/8 + 1/2 + 3/8 = 8/8 = 1

    Allah Knows Best!

     

  220. Zeeshan wrote on July 17, 2013

    Salam,

    My grandfather and grandmother has been passed away. They have 6 Childerens 3 Sons & 3 Daughters. The total value of the property is 250 Million Rs plus having a loan of approx. 20 Million Rs on this property. According to the Islamic law distribution should be as follows:

    250 – 20 = 230 Million

    Each son = 2 : 1 

    Each Daughter = 1 : 2

    Sons:

    1 = 230 x 2/9 = 51.11 Million

    2 = 230 x 2/9 = 51.11 Million

    3 = 230 x 2/9 = 51.11 Million

    Daughters:

    1 = 230 x 1/9 = 25.55 Million

    2 = 230 x 1/9 = 25.55 Million

    3 = 230 x 1/9 = 25.55 Million

    Total             = 230 Million Rs.

    Please correct me if am wrong?

    Regrads,

    Zeeshan

     

    RESPONSE

    Your calculation is CORRECT

     

    Allah Knows Best!

  221. Salam. May Allah reward you as you read and reply to this(Amin). May father passed on 4months ago. He was ill for a while before he died. During the course of the illness he told us that he would wish for his last child to be a graduate before his property is shared. He said this because his wife,my mother is a full-time housewife and has no source of income. He is survived presently by wife, 7children ( 3males and four females), a sister,2 half sisters and 2 half brother. At the time he died his mother was alive she passed on last month. My question goes as follows
    1, Is it proper according to Islamic right to follow his wish and not share the property till when our youngest sibling has graduated from university?
    2. Two of my siblings( elder a male and a female are now christians), are they entitled to the inheritance? They converted before he died.
    3. According to islamic law, pls how do we share the inheritance?
    4. The family has a mutual agreement of obeying his wish but I want to know if it is permissible in Islam.
    That will be all as I await your reply.

    • Thahirah wrote on July 19 2013

      Salam. May Allah reward you as you read and reply to this(Amin). May father passed on 4months ago. He was ill for a while before he died. During the course of the illness he told us that he would wish for his last child to be a graduate before his property is shared. He said this because his wife,my mother is a full-time housewife and has no source of income. He is survived presently by wife, 7children ( 3males and four females), a sister,2 half sisters and 2 half brother. At the time he died his mother was alive she passed on last month. My question goes as follows
      1, Is it proper according to Islamic right to follow his wish and not share the property till when our youngest sibling has graduated from university?
      2. Two of my siblings( elder a male and a female are now christians), are they entitled to the inheritance? They converted before he died.
      3. According to islamic law, pls how do we share the inheritance?
      4. The family has a mutual agreement of obeying his wish but I want to know if it is permissible in Islam.
      That will be all as I await your reply.

      RESPONSE:

      1. The Islamic Law of Inheritance is mandated by Allah in His Gloruous Qur'an which was delivered to us by Muhammad (sal) and we are fully obliged to believe and follow it to its very minute letter without any amibuity, question, or violation of its commands. Hence the wish of your Father cannot override Allah's Command which means you cannot adhere to it and have to share his inheritance as per the Quranic law. If he had already given that portion of money or wealth to his last child for education purpose, then that is valid. However, since he only wished it and didnt actually give it, it will not be valid anymore. However, if the heirs wish to fulfil his request, purely for the love and devotion of him, then they may all (or some) agree between themselves to fulfil his wish by contributing to the education of the youngest woth whatever they choose from the inheritance shares they receive. This is piurely voluntary and cannot be enforced by Islamic law or any other law.

      2. Those siblings who have apostated from Islam and become Christians will not inherit anything from your Father.

      3. The inheritance shares of your Father will be distributed as follows:-

      a. WIFE = 1/8

      b. MOTHER = 1/6

      c. 2 SONS = 4/7 of 17/24 = 17/42 (each son will receive 17/84)

      d. 3 DAUGHTERS = 3/7 of 17/24 = 17/56 (each daughter will receive 17/168, which is half the portion of the son)

      TOTAL = 1/8 + 1/6 + 17/42 + 17/56 = 1 (The Whole)

      The Mother 1/6 share is also entitled to be divided amongst the living children where each son (of the 2 Muslims) and each daughter (of the 3 Muslims) receive all of it where the son gets twice the share of the daughter.

      None of the deceased Sisters, Half Sisters or half brother will receive any inheritance since he has living sons who will inherit from him.

      Allah Knows Best 

  222. Salam,

    My grandfather and grandmother has been passed away. They have 6 Childerens 3 Sons & 3 Daughters. The total value of the property is 250 Million Rs plus having a loan of approx. 20 Million Rs on this property. According to the Islamic law distribution should be as follows:

    250 – 20 = 230 Million

    Each son = 2 : 1 

    Each Daughter = 1 : 2

    Sons:

    1 = 230 x 2/9 = 51.11 Million

    2 = 230 x 2/9 = 51.11 Million

    3 = 230 x 2/9 = 51.11 Million

    Daughters:

    1 = 230 x 1/9 = 25.55 Million

    2 = 230 x 1/9 = 25.55 Million

    3 = 230 x 1/9 = 25.55 Million

    Total             = 230 Million Rs.

    Please correct me if am wrong?

    Regrads,

    Zeeshan

  223. Mohammed wrote on July 11, 2013

    We are 2 brothers and 5 sisters. When my father died he had $375,000 worth of business debt and $200,000 personal debt. His business value when me and my brother took over was less than $50,000. We were forced to sign an agreement by my brother in law which transferred power of attorney to me but we were responsible for everything we did. We worked very hard for a year and did not take any salary and made it profitable. None of my sisters or their husbands gave a hand or paid for the debts.

    Years later my sisters and their husbands came to ask for their share in profits from business. Do we owe them anything when our liabilities were more than assets when we took over the business?

     

    RESPONSE:

    What matters is who owns the business and not what was left behind by your Father since it was all debt which had to be repaid and there was nothing to be divided beteween the heirs.

     

    If the business is still owned by all the family members then each must receoive his share of its profits or revenue according to the business laws in your land.

     

    If not, then only the business owners are entitled to its ownership and profits,

     

    Allah Knows Best!

  224. Athar Khan wrote on July 12 2013,

    Salam.

    The inheritance of my family is approximately Rs. 10,000,000.00. All my brothers and sisters are as follows:

    A. Eldest brother (died) – He left one wife, one son and one daughter (all living).

    B. Youngest brother (living)

    C. Six sisters (all married and living)

    Please help me as to how the inheritance be distributed.

    Thank you

     

    RESPONSE:

    I assume that this inheritance amount is from your Father/Mother who have both passed away and only the children, as mentioned above, are remaining? I also assume that your parents did not having any living Father/Mother at the time of their death.

     

    The distribution of the Rs 10 Million inheritance will be as follows:-

     

    1. ELDEST BROTHER – None, since he has died. Even his children will not inherit anything since another brother is living. They would have inherited only if there were no other male heirs

     

    2. YOUNGER BROTHER – 1/4 = Rs 2,500,000

     

    3. SIX SISTERS – 3/4 = Rs 7,500,000 (each sister will receive Rs 1,250,000

     

    It must be remembered that the children of the deceased brother have rights to be taken care of by the living younger brother as their Mahram and Guardian, under Islamic Shariah Law, and should execute this responsibility without any reservations. 

     

    Allah Knows Best!

  225. Anonymous wrote on July 16 2013,

    My parents passed away few year ago my mother  in her life time she gave me a flat which i got when she passed away .My father gave a house to my brother in his life time i just want to know as my brother only has a one girl no boy do i have a share in that house…. please reply acording to islamic law my father did not have any real brother only sisters  so do i get a share in the house

    RESPONSE:

    If your parents had given their property ior wealth that they owned to any of the children dyring their lifetime, then, they dio not own it anymore and hence that does not fall into their inheritance at all.

    Only the properties and wealth that one owns comes under inheritance distribution after death.

    Therefore whatever your parents have given you and your brother now belongs to each of you and will not be considered as ypur parents inheritance after death.

    Allah Knows Best!

    • Thanx for the reply but many islamic scolars say that if a boy does not have a son only a daughter then their is a small share in the property of ur brother please tell me what does the quran say about it thanx

  226. My parents passed away few year ago my mother  in her life time she gave me a flat which i got when she passed away .My fater gave a house to my brother in his life time i just want to know as my brother only has a one girl no boy do i have a share in that house…. please reply acording to islamic law my fater did not have any real brother only sisters  so do i get a share in the house

  227. Salam.

    The inheritance of my family is approximately Rs. 100,00,000.00. All my brothers and sisters are as follows:

    A. Eldest brother (died) – He left one wife, one son and one daughter (all living).

    B. Youngest brother (living)

    C. Six sisters (all married and living)

    Please help me as to how the inheritance be distributed.

    Thank you 

  228. We are 2 brothers and 5 sisters. When my father died he had $375,000 worth of business debt and $200,000 personal debt. His business value when me and my brother took over was less than $50,000. We were forced to sign an agreement by my brother in law which transferred power of attorney to me but we were responsible for everything we did. We worked very hard for a year and did not take any salary and made it profitable. None of my sisters or their husbands gave a hand or paid for the debts.

    Years later my sisters and their husbands came to ask for their share in profits from business. Do we owe them anything when our liabilities were more than assets when we took over the business?

  229. Abu Omeir wrote on July 11, 2013

    My grand father had 5 children, 2 sons from first wife and after her death, 1 daughter and 2 sons from the second wife. He died around 40 years ago without a definite will. Around 25 years ago all the children discussed/quarrelled and finally distributed the property in a certain ratio (they had no clue of the sharia format then). The eldest two sons have expired now and most of their property sold. Now after soo many years the daugther and her children after looking at the property prices are crying foul in front of her remaining two younger brothers that the whole the distribution was not done as per sharia and needs to be corrected now or face the wrath of Allah, I being the son of one of the brother want to know my dad's position in this. Please guide.

    RESPONSE:

    The right distribution should have been that each wife receives 1/16 of his estate and the remainder divided between all his sons and daughters from both wives where the son gets twice the share of the female.

    That is the remaining 7/8 after the wives share are given to be divided between the 4 sons and 1 daughter.

    Allah Knows Best!

     

  230. My grand father had 5 children, 2 sons from first wife and after her death, 1 daughter and 2 sons from the second wife. He died around 40 years ago without a definite will. Around 25 years ago all the children discussed/quarrelled and finally distributed the property in a certain ratio (they had no clue of the sharia format then). The eldest two sons have expired now and most of their property sold. Now after soo many years the daugther and her children after looking at the property prices are crying foul in front of her remaining two younger brothers that the whole the distribution was not done as per sharia and needs to be corrected now or face the wrath of Allah, I being the son of one of the brother want to know my dad's position in this. Please guide.

  231. Akbar Rashid wrote on July 1 2013, 1) we are 3 brothers and 3 sisters. Out father died and has left behind good amount of property. He left behind 1 big apartment and 2 small apartments and approximate rupees 60 lakhs in cash But one of my brother claims that the bug apartment is his and also showed the ownership papers saying that dad gave it to him. But we know he is lying as dad never told us and he would never do that. But now I want to know that even if dad gave him, is it right as per Islam to give one child more the others? If not the. How can we demand our right. 2) our mother also has 2 more sons from pervious marrage, are they also entitled to get a share in the property. Please help me with the queries as soon as possible RESPONSE: First and foremost you need to establish wether the claim made by your older brother to one of your father's properties is legally valid within the land of your domicile. If your father has legally transferred any property to any of his children while he is alive then that is a valid transaction under Islamic Shariah Law as long as it is genuine and legal since it has no relationship to Islamic Inheritance which only comes into effect after the death of a believer.   As per the teachings of the Prophet (sal) it is definitely a great Sunnah for any parent to treat all of his children, male or female, alike while the parents are alive. However, there is no harm in a parent bequeathing whatever he/she pleases to the children or even any other family member while they are alive.   Your Mothers children from her previous marriage are NOT entitled to your Father's property since they have NO blood relationship to your father. Only the Parents, Spouse(s), Children and Siblings (if applicable) of your Father are entitled to receive the inheritance that is left behind by him.   Your step brothers will only inherit from their biological parents.   Allah Knows Best!

  232. Haroon wrote on June 30 2013

    Jazak ALLAH Khair for giving the answer and guidance. plz note that my name is HAROON and from Pakistan.

    one more question is that one of my uncles i.e, from the first grandmother claims that as he is the only son from the first wife of my grandfather, so he claims that he should get half of the inheritence, while the remaining children of my grandpe will get from the other half?

    RESPONSE:

    is this true in case any one has two wives?

    RESPONSE: Sorry for the mix up  of your name with Mohammed Asif. That was a mistake

    NO, that is not correct.

    ALL your Grandfathers children from all  of his marriages are entitled to his estate where each son gets twice the share of each daughter. No child has any special rights over another irrespective of who his mother is.

    Nowhere in the Quran is it said that a son of the first wife will inherit HALF shareof the deceased property/wealth.

    Allah Knows Best!

     

  233. I have given you a reply please read that….

    • Sofiya Khan wrote on June 24 2013,

      Sir, thanks for the reply….
      My mother died at a young age due to heart attack….. i am the eldest sister of the three sisters…… I am only 21, my rest two sisters are of 19 and 10 years old…… they both are small….. my grandma is still alive….. and my dad left us…..He did not even give us money for our living….. Tell me some law so that I can do a case on him….. to pay for our living….. I and my sister are doing college and my little sis studies in school….he doesnt even pays for it….. Our maternal uncle pays the fee….. This cant go so long…… we are his child and our father should take the responsibility but he left the city and did nikaah with a rich widow, who does govt. job….. He didnt even gave a penny to us….. what should I do now…..

      Please help I am going through a tough time….. now…. and I have to do something becoz I am the eldest to think….. please help…..

       

      RESPONSE:

      The only course of action you have is to consult a lawyer and seek a legal  claim on child support  from your father. Everything depends on the law of theland you live in and how it is implemented in such situations when parents abandon their children.

       

      Under Islamic Shariah Law your father is fully responsible for the maintenance of all his children.

       

      Allah Knows Best!

  234. Azhar wrote on June 14 2013,

    I have a question we are 7 siblings 5 sisters and 2 brothers, our both parents have passed away and I suggested to all by siblings that we distribute our estate by islamic law of inhenetance which would be divided in to 9 shares and then 2 shares go to males and 1 share to each of the females. Example total value of estate £810,000, divide by 9 = £90,000 for each of females and £180,000 for each of males.  But some of the sisters want to have the distribution according to british  law not islamic law. Is that  unlwalfaull  in islam for sisters to demand this. Is there anything I can do to resolve this

    RESPONSE:

    Your distribution computation is CORRECT.

    The onus is upon the children of the deceased to agree for the rightful distribution of the estate of your parents according to Islamic Shariah Law absed on the fact that you are all believers in Islam.

    If, however, some of the siblings are not in agreement with this distribution and want to resort to British inhertiance laws from a legal standpoint then you have to abide by the law of your land and cannot do anything about it unless you are able to get everyone to agree.

    The matter is purely a case of whether you siblings want to follow Allah's Law or the British Law.

    Allah Knows Best!

     

     

  235. Abdul wrote on June 17, 2013

    Asak

    A sunni muslim dies and leaves behind 4 sons,his only one unmarried daughter dies before him,As per sharia only 4 sons inherit or along with 4 sons his grand daughter(son's daughter) will inheriet in absence of his daughter,kindly advice

    allah hafiz

     

    RESPONSE:

     

    Only the FOUR SONS will inherit all his wealth, divided equally between them as long as there is NO spouse and also NO parents of the deceased. Since the daughter deceased before the father she does not inherit and since she was unmarried she has no dependents.

     

    The grand daughters from the sons do not inherit from the Grandfather as long as the sons are alive.

     

    Allah Knows Best

  236. Oudu Allasan wrote on June 17 2013,

    Salam,

    My Father left a property for all his children there are 3 wifes involed.

    1. 4 brothers and 3 sisters with first wife who is now deceased. 2 brothers and 1 sister who are also deceased leaving no children.

    2. 2 half bothers and one half sister with the second wife

    3. 1 half sister with the 3 wife.

    Could you advice me on how we can share it according to Sharia Law

    Oudu

     

    RESPONSE:

    First, all of your Father's three wives will inherit 1/8 of his property, thus each taking 1/24.

     

    The remainder 7/8 will be divided to all of your Father's children from all three marriages where each sone will take twice the share of each daughter, as long as they were all al;ive at the time of your Father's death. Any deceased children at the time of your Father's death will not inherit any share as long as there are other MALE children alive.

     

    In this case there are 6 sons and 5 daughters from ALL three marriages.

     

    Therefore the remainder of 7/8 of your fathers estate will be divided between them as follows:-

     

    6 SONS = 12/17 of 7/8 = 84/136 = 21/34 (each son will receive 7/68 of the total value of your fathers estate)

    5 DAUHTERS = 5/17 of 7/8 = 35/136 each daughter will receive 7/136 of the total value of your fathers estate)

     

    Hence TOTAL = 1/8 (for all 3 Wives) + 84/136 + 35/136 = 136/136 = 1 (WHOLE)

     

    Those childen who have deceased after your Father was deceased must also get their shares and these shares have to be distributed to their own spouse(s) and children according to Islamic Shariah Law of Inheritance.

     

    Allah Knows Best!

     

     

  237. Muhammad Asif wrote on June 19, 2013

    My grandfahter (mother's father) was alive when my mohter died,after 2 years my grandfahter (mother's father) died,i hav 4 uncle (mother's brothers) and 2 aunt (mother's sisiters).there is no will from grandfather.In sharia law are the grandchildren entitled to grandparents’ property or not?And can a son or daughter use that property for his/her business while the property is under dispute ?

    RESPONE:

    Your Mother is not entitled to any of your Grandfathers inheritance by visture of the fact that she passed away before your Grandfather. However, your Mother's brothers (your UNCLES) are responsible to see that you nephews and nieces are cared for. That is the Islamic law of inheritance.

    Grandchildren are only entitled to Grandparents property in the total ABSENCE of any male children of the Grandparent at the time of the Grandparents death.

    Allah Knows Best!

  238. A Shadiq Ali wrote on June 22 2013,

    My father died before my grandfather… my grandfather had 2 more sons and 4 daughters… my elder uncle entered into a negotiation with all his sisters and another of his brother to take away all property (earned during my grandfather for which my father had also contributed) for himself… my family (my mother and a brother) were not called for the negotiation and are refused any property in the name of shariat law… could u advise whether shariat law can do justice to us…

    RESPONSE:

    If your father passed away before your Grand Father, then he is NOT entitled to any of your Grand Father's inheritance. However, your Uncles are responsible to provide for you as your Guardians.

    What matters in Islamic Law of nheritance is the OWNERSHIP of the property of a deceased. Whoever contributed to that wealth has no claim on it unless it has been written down legally of that portion of the deceased property as being owned by one of his sons or any other family member, or even an outsider.

    The Islamic Law of Inheritance is based totally on what the deceased owned at the time of his death.

    Allah Knows Best!

  239. Sofiya Khan wrote on June 22 2013

    Assalmoalaikum Mr. Fazli sameer

    I am from India.My mother died and my dad did second marriage and left us alone, we are three sisters….and we live with our maternal grandma…… My mother left a lot of property for us but my dad did a case on that and he wants all the property to be his…… Please help me… No one tells us what to do……. please inform me about that, still do my father has a share on my mothers property even after he did nikaah and left all of us….and my 2 sisters…….. I dont want to give him any share… he is not a good father and doesnt loves us….he only loves money….money….money… please help…… May god bless u….

     

    RESPONSE:

    First, your Dad has an inheritance share of 1/4 of your Mothers estate that she left behind after her death as per Islamic Shariah Law of inheritance.

     

    The balance 3/4 must be distributed to the children as long as your Mothers's parents were not alive at the time of her death. If they were alive they also get a 1/6 share each. In this case your maternal Grandma must receive 1/6.  believe your maternal Grandpa was not alive at the time of your mothers death? 

     

    Hence the rermainder will be divided equally between you three sisters.

     

    Allah Knows Best!

    • Sir, thanks for the reply….
      My mother died at a young age due to heart attack….. i am the eldest sister of the three sisters…… I am only 21, my rest two sisters are of 19 and 10 years old…… they both are small….. my grandma is still alive….. and my dad left us…..He did not even give us money for our living….. Tell me some law so that I can do a case on him….. to pay for our living….. I and my sister are doing college and my little sis studies in school….he doesnt even pays for it….. Our maternal uncle pays the fee….. This cant go so long…… we are his child and our father should take the responsibility but he left the city and did nikaah with a rich widow, who does govt. job….. He didnt even gave a penny to us….. what should I do now…..

      Please help I am going through a tough time….. now…. and I have to do something becoz I am the eldest to think….. please help…..

  240. Muhammad Asif wrote on June 24 2013

    As Salaam Alaikm!

    My grandfather who died had two wives and both died in his life.

    Children of Wife A [one son (alive) one daughter (died after grandpa’s death and has children)]

    Children of Wife B [five sons (three alive, one died in grandpa’s life and one after his death) and two daughters (both alive)

    The son who died in grandpa’s life had three children and his wife was married to the other son (alive) and has one daughter (makes four children in total). The son who died after his death has children.

    Please explain how and by what proportions the heritage is to be distributed?

    Is there a difference when there are children from two wives, and what about the son who died in his life and his children now in father-ship of the other son?

    Jazaak ALLAH

    RESPONSE:

    Since both your Grandfathers wives were alive at the time of his death, they should have receoved 1/16 each of his inheritance that was left behind, at that time.

    All those sons and daughters who were alive at the time of your Grandpa's death are entitled to inherit from his estate that was left behind after his wives shares (total of 1/8) was distributed.

    This means a remainder of 7/8 to be distributed to the sons/daughters who are alive where each son gets twice the share of each daughter.

    If any of these sons/daughters have passed away after your Grandpa passed away then their portions from your Grandpa's inheritance has to be distributed to their family members according to Islamic Shariah Law.

    None of those children of your Grandpa who were deceased before him will inherit from his estate. The responsibility of taking care of their children lies in the hands of all the male children of your Grandpa.

    The fact that one of the wives of the deceased sons has married his brother doesnt allow for your Grandpa's inheritance to be distributed to her son since his father predeased your Grandpa. However, the uncle has every responsibility to take care of his nephew and ensure that he is well looked after and provided for even if he didnt marry his brothers wife.

    Allah Knows best!

    • Jazak ALLAH Khair for giving the answer and guidance. plz note that my name is HAROON and from Pakistan.

      one more question is that one of my uncles i.e, from the first grandmother claims that as he is the only son from the first wife of my grandfather, so he claims that he should get half of the inheritence, while the remaining children of my grandpe will get from the other half?

      is this true in case any one has two wives?

  241. As Salaam Alaikm!

    My grandfather who died had two wives and both died in his life.

    Children of Wife A [one son (alive) one daughter (died after grandpa’s death and has children)]

    Children of Wife B [five sons (three alive, one died in grandpa’s life and one after his death) and two daughters (both alive)

    The son who died in grandpa’s life had three children and his wife was married to the other son (alive) and has one daughter (makes four children in total). The son who died after his death has children.

    Please explain how and by what proportions the heritage is to be distributed?

    Is there a difference when there are children from two wives, and what about the son who died in his life and his children now in father-ship of the other son?

    Jazaak ALLAH

  242. Assalmoalaikum Mr. Fazli sameer

    I am from India.My mother died and my dad did second marriage and left us alone, we are three sisters….and we live with our maternal grandma…… My mother left a lot of property for us but my dad did a case on that and he wants all the property to be his…… Please help me… No one tells us what to do……. please inform me about that, still do my father has a share on my mothers property even after he did nikaah and left all of us….and my 2 sisters…….. I dont want to give him any share… he is not a good father and doesnt loves us….he only loves money….money….money… please help…… May god bless u….

  243. My father died before my grandfather… my grandfather had 2 more sons and 4 daughters… my elder uncle entered into a negotiation with all his sisters and another of his brother to take away all property (earned during my grandfather for which my father had also contributed) for himself… my family (my mother and a brother) were not called for the negotiation and are refused any property in the name of shariat law… could u advise whether shariat law can do justice to us…

  244. My grandfahter (mother's father) was alive when my mohter died,after 2 years my grandfahter (mother's father) died,i hav 4 uncle (mother's brothers) and 2 aunt (mother's sisiters).there is no will from grandfather.In sharia law are the grandchildren entitled to grandparents’ property or not?And can a son or daughter use that property for his/her business while the property is under dispute ?

  245. Salahuddin Misri wrote on June 17 2013

    We are total 5 chidlren of my parents, 2 sons and 3 daughters. Now my father wants to make a will that i feel is not right so would just like ur guaidnce in regards to this. We have 3 houses as immovable property. Now he wants each house to be given to me and my brother and rest one house he wants to give to his 3 daughters. He doesn't have lot of cash so that is not an issue.  Just advise according to shariah what is right. Is my father right in distribution or he should consider our right also on the third house as we don't have houses for ourselves and would be living there for the rest of our life. My sisters r well settled and have lot of properties with them. My father has already given some money to all three but has given nothing to us. Please advise ASAP in light of shariah law.

    RESPONSE:

    Your father has every right to dispose of all his property and wealth in any manner he chooses as long as he is alive. However, after death all of these inheritance falls under the Shariah Islamic Law of nheritance where the male child will get twice the share of the female child after the Parents and Spouse shares have been distributed.

    Allah Knows Best!.

  246. salaam,

    We are total 5 chidlren of my parents, 2 sons and 3 daughters. Now my father wants to make a will that i feel is not right so would just like ur guaidnce in regards to this. We have 3 houses as immovable property. Now he wants each house to be given to me and my brother and rest one house he wants to give to his 3 daughters. He doesn't have lot of cash so that is not an issue.  Just advise according to shariah what is right. Is my father right in distribution or he should consider our right also on the third house as we don't have houses for ourselves and would be living there for the rest of our life. My sisters r well settled and have lot of properties with them. My father has already given some money to all three but has given nothing to us. Please advise ASAP in light of shariah law.

  247. Salam,

    My Father left a property for all his children there are 3 wifes involed.

    1. 4 brothers and 3 sisters with first wife who is now deceased. 2 brothers and 1 sister who are also deceased leaving no children.

    2. 2 half bothers and one half sister with the second wife

    3. 1 half sister with the 3 wife.

    Could you advice me on how we can share it according to Sharia Law

    Oudu

  248. Asak

    A sunni muslim dies and leaves behind 4 sons,his only one unmarried daughter dies before him,As per sharia only 4 sons inherit or along with 4 sons his grand daughter(son's daughter) will inheriet in absence of his daughter,kindly advice

    allah hafiz

  249. I have a question we are 7 siblings 5 sisterns and 2 brothers, our both parents have passed away and I suggested to all by siblings that we distribute our estate by islamic law of inhenetance which would be divided in to 9 shares and then 2 shares go to males and 1 share to each of the females. Example total value of estate £810,000, divide by 9 = £90,000 for each of females and £180,000 for each of males.  But some of the sisters want to have the distribution according to british  law not islamic law. Is that  unlwalfaull  in islam for sisterms to demand this. Is there anything I can do to resolve this.

  250. sir 

    would like a reply to my above named comments at 206

    • RESPONSE:

      The Islamic Law of Inheritance is based on the Commands of Allah as given to us in the Qur'an and it is mandatory for any believer to adhere to these laws whether it seems valid or not.

      Any property, wealth, estate, that is owned by a believer is entitled to be distributed to the rightful heirs as per these laws. No one can deny these rights for any reason whatsoever unless the heirs themselves become disentitled, by way of apostasy, death, etc)

      Hence there is no way you can disinherit any of the rightfil Islamic heirs of your property after your death.

      Whatever you have given to them while you are alive is entirely under the jurisdiction of the law of your land.

      Allah Knows Best

  251. salam sir,

    with due respect i would like an urgent  response from  you to my following:

    1./ I  was gifted with a house from my father some 25/30 years back when my children were small. i have 1 son and 2 daughters now all married. my son is the eldest of all.

    2./ my first daughter  was married in 2004 to a very greedy and a lazy man  who was than in saudia, now in pak. and i had to bear all the expenses even the walima  as at the last moment he had no money to pay the  bill etc.

    3./ my second daughter was also married in 2006 her husband is  not rich but obident and hard working.and living happily. on her marriage i gifted  her with a house 5 marlas worth 15 lacs.

    4./ my son wanted to go abroad i sent him , he is well off and very obident and 5 times prayer.he married a forigner ( converted to muslim )

    5./ lately i sold my house for 1.49lacs to give my first daughter some share as she was not financally off. since their marriage  me and my wife have been helping them  financially and otherwise to our best and out of our way.( paying their rent , school fees , giving them monthly ration, utility bills  , clothes for the kids and on eids etc.giving them money  every now and then for their daily needs. but they have been demanding more and more) and for this reason i had to sell my house to give themand their kids , some proper shelter for the rest of their lives, otherwise their was no need for selling my property  as i was doing well with my wife, every year or so they got so much broke that i had to give my half portion of my house to them for a living .otherwise the said portion was always rented out, and after  living 1 year for no reason at all their was a dispute and they had to go  this had been repeated 4 times with the same old story that they  were totaly broke and wanted to come back.now after living for a year , as soon as they  came to know that the house had been sold they became  a bit more demanding money wise , aggressive abusive .now their demand is that they will not empty the house unless their  share is given  equally to the amount (15. lacs) as  i had given to my other daughter  in the shape of a house   .now the question is can i disinherit my daughter from all her rights to the share .as she has been dishonest and disobident to me and my wife  throughtout. even she and her husband  tried to get her other sister  a talaq from her husband by putting false allegations  on her character and now she again tried the same  trick but our timely action  prevented  her ,and saved our other daughter's marriage.

     my son  wants no share , his demand is that, get a roof over yourself as soon as possiable and never  again see her no matter what ever happens as she and her husband  are  very cunning and may be deprive you of  every thing ,and put you both ( me and wife ) on the road. and don't give them a penny..the whole story is in front of you so what to do,  disinherit her ……or what …. or give  the share, please advise  me in the light of  islamic sharia law and QURAN . your quick reply  shall be much awaited

    shahid

    • shahid wrote on Jun 4 2013,

      salam sir,

      with due respect i would like an urgent  response from  you to my following:

      1./ I  was gifted with a house from my father some 25/30 years back when my children were small. i have 1 son and 2 daughters now all married. my son is the eldest of all.

      2./ my first daughter  was married in 2004 to a very greedy and a lazy man  who was than in saudia, now in pak. and i had to bear all the expenses even the walima  as at the last moment he had no money to pay the  bill etc.

      3./ my second daughter was also married in 2006 her husband is  not rich but obident and hard working.and living happily. on her marriage i gifted  her with a house 5 marlas worth 15 lacs.

      4./ my son wanted to go abroad i sent him , he is well off and very obident and 5 times prayer.he married a forigner ( converted to muslim )

      5./ lately i sold my house for 1.49lacs to give my first daughter some share as she was not financally off. since their marriage  me and my wife have been helping them  financially and otherwise to our best and out of our way.( paying their rent , school fees , giving them monthly ration, utility bills , clothes for the kids and on eids etc.giving them money  every now and then for their daily needs. but they have been demanding more and more) and for this reason i had to sell my house to give themand their kids , some proper shelter for the rest of their lives, otherwise their was no need for selling my property  as i was doing well with my wife, every year or so they got so much broke that i had to give my half portion of my house to them for a living .otherwise the said portion was always rented out, and after  living 1 year for no reason at all their was a dispute and they had to go  this had been repeated 4 times with the same old story that they  were totaly broke and wanted to come back.now after living for a year , as soon as they  came to know that the house had been sold they became  a bit more demanding money wise, aggressive abusive .now their demand is that they will not empty the house unless their share is given  equally to the amount (15 lacs) as  i had given to my other daughter  in the shape of a house   .now the question is can i disinherit my daughter from all her rights to the share .as she has been dishonest and disobident to me and my wife  throughtout. even she and her husband  tried to get her other sister  a talaq from her husband by putting false allegations  on her character and now she again tried the same  trick but our timely action  prevented  her ,and saved our other daughter's marriage.

       my son  wants no share , his demand is that, get a roof over yourself as soon as possiable and never  again see her no matter what ever happens as she and her husband  are  very cunning and may be deprive you of  every thing ,and put you both ( me and wife ) on the road. and don't give them a penny..the whole story is in front of you so what to do,  disinherit her ……or what …. or give  the share, please advise  me in the light of  islamic sharia law and QURAN . your quick reply  shall be much awaited

      shahid

      RESPONSE:

      The Islamic Law of Inheritance is based on the Commands of Allah as given to us in the Qur'an and it is mandatory for any believer to adhere to these laws whether it seems valid or not.

      Any property, wealth, estate, that is owned by a believer is entitled to be distributed to the rightful heirs as per these laws. No one can deny these rights for any reason whatsoever unless the heirs themselves become disentitled, by way of apostasy, death, etc)

      Hence there is no way you can disinherit any of the rightfil Islamic heirs of your property after your death.

      Whatever you have given to them while you are alive is entirely under the jurisdiction of the law of your land.

      Allah Knows Best!

  252. Sir, My father passed away in february. He is now survived by 4 daughters counting me and 1 Son. The son i.e. my brother claims that my father has gifted him everything (including the immovable property) which is in writting. My father always believed in giving a fair share to all his children. We sisters do not believe the papers are valid. Even if our fathers signature is genuine , he was not in a sane frame of mind towards the end of his life and we believe that the signature was taken on false pretext. What can we do in this situation since all 4 of us are not very stable financialy??

  253. I have two questions.

    !)  i purchased 3 plots in the name of my wife who recently passed away. out these 3 plots one was a gift to her and two were to save tex but not as a gift to her. for inheritence purpose do all 3 plots will be counted as her wealth or only the one that was purchased as gift to her.

    2) she has left 2 son and 2 daughters and myself( husband) in addition to her mother, brothers and sisters

    • Zahid wrote on May 29 2013

      I have two questions.

      !)  i purchased 3 plots in the name of my wife who recently passed away. out these 3 plots one was a gift to her and two were to save tex but not as a gift to her. for inheritence purpose do all 3 plots will be counted as her wealth or only the one that was purchased as gift to her.

      2) she has left 2 son and 2 daughters and myself( husband) in addition to her mother, brothers and sisters

      RESPONSE:

      1. Islamic Inheritance Law is based on the property owned and left behind by a deceased. The ownership is decided by the legal deeds that the deceased has possessed while he/she was alive and at the time of death. Whatever other verbal agreements entered into cannot be proven after death since the owner is not present. Thuis all such agreements become null and void and only legal documents will prevail to prove ownership. Thus all properties and wealth owned by the deceased will be subject to Islamic Inheroitance Laws.

      2. Her inheritance will be divided as follows:-

      Spouse = 1/4

      Mother = 1/6

      The remaining will be divided between her sons where each son gets twice as much as each daughter 

      Brothers and Sisters will not inherit in the presence of the son.

      Allah Knows Best!

  254.  

    Fasila

    My friend's father passed away leaving three daughters, (No son) two wives, a brother and two sisters. Are the brothers and sisters entitled to inherit his propery? If so what share and how do we devide among the whole above legal heires? 

    • Lal Mohamed wrote on May 28 2013

      My friend's father passed away leaving three daughters, (No son) two wives, a brother and two sisters. Are the brothers and sisters entitled to inherit his propery? If so what share and how do we devide among the whole above legal heires? 

      RESPONSE:

      Assuminmg that the deceased has no living MALE ascendant (Fathwer, Grandfather, however high… and no living MALE descendant, Son, Grandson, however low),

      The Wives (2) will take 1/8 and divide it equally between them each getting 1/16

      The 3 daughters will take 2/3 of the total estate and divide it equally between them. Each daughter will get 2/9

      Total = 1/8 + 2/3 = 19/24 (76/96)

      Balance = 5/24 will be distributed between the brothers and sisters where each male gets twice the share of the female

      BROTHER = 1/2 of 5/24 = 5/48 (10/96)

      SISTER 1 = 1/4 of 5/24 = 5/96

      SISTER 2 = 1/4 of 5/24 = 5/96

      making up a TOTAL as follows 76/96 + 10/96 + 5/96 + 5/96 = 96/96

      Allah Knows Best!

  255. Abdurahman Abdulwahid

    Dear Sheikh

    Assalaam Alaikum

    A kind request for an answer:

    My father passed away 20 years ago. His property has not been distributed untill now.

    i) He left behind 1 wife, 5 sons and 4 daughters.

    ii) All sons and daughters have children, except 1 daughter who passed away at 18 years without a child

    iii) As of now, 2 sons and 2 daughters have passed away leaving children behind.

    iv) As of today, we remain 1 wife (Mother), 3 sons and 2 daughters

    ===========================================

    The dead left the following number of children

    1- Son A left 5 boys and 5 girls

    2- Son B left 2 boys

    3- Daughter A: left 2 boys and 1 girl

    4- Daugher B: left no child

     

    Kindly requesting for your guidance

    JAZAKALLAHU KHAYRAN

    Abdurahman

  256. 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!

  257. 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.

        As per the question you have raised seem valid as to how my mother/brother/ sister be able to sell any of the properties. I can only assume or suspect that they may have transfer the properties in my mother's name in local muncipal corporation. I am currantly out of India hence I have no means to know the whole details.

        Please advise if I visit India, will I be able to contest my rights as per Islamic law to receive my share of the properties, the one that has been sold and the one still intact?

        As you mentioned and my belief is Allah knows best.

        Sharif

    •  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!

  258. 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!

  259. 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!

         

  260. 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!

  261. 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!

       

  262. 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.

  263. 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!

  264. 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!

  265. 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….

  266. 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!