Fatwa: # 15735
Category: Inheritance
Country: United Kingdom
Date: 9th October 2007

Title

My Mother passed away earlier this year. As her eldest son I’ve taken the responsibility for distributing any inheritance due. I would like to seek your advice in how any inheritance should be split.

Question

My Mother passed away earlier this year. As her eldest son I’ve taken the responsibility for distributing any inheritance due. I would like to seek your advice in how any inheritance should be split.

 The following are family that are still alive:

-         2 Sons (including my self)
-         2 Daughters
-         Husband (My Father)
-         Mother
-         Father
-         2 Brothers
-         2 Sisters

A) My mother left behind £193.57 in cash. How much should the above people receive?
B) Most of the gold she had was split and given to us before she passed away. However there is some gold which she left behind. The gold is valued at around £261.25? How much should the above people receive?
My brother intends to keep the gold. He intends to pay everyone their share in the gold. Will this be ok?
C) How should my mothers other possessions be split i.e. mobile phone, watch? If family members waive their right to any inheritance, would it be OK to give for example a watch to one person
D) Are any other members of the family entitled to any inheritance, other than the ones I have mentioned above? I would appreciate a quick reply so people can donate their inheritance to charity, if they’d like to do so, in the month

 

 

 

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

A.Your mother`s estate will be divided into 72 shares.Each of her son`s will receive 10shares.Each daughter will receive 5shares.Her husband will receive 18 shares.Her parents will receive 12 sahres each.The cash should be distributed in proportion to these shares.
B.The gold will also be distributed according to the above mentioned shares.If all the Heirs agree,your brother may pay them for their share in the gold.
C.All the Heirs mentioned above hold their respective share in every item belonging to your mother.If they waive this right,it is permissible to give these items to one person.
D.No other family member including her brothers and sisters is entitled to anything unless she had made a bequest in their favour.

And Allah knows best

Mufti Imran Hatia

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]