Category: Inheritance
Fatwa#: 18472
Asked Country: India

Answered Date: Feb 03,2010

Title: A person dies who has not perfomed marriage.his father and mother have also expired a long time back.he has no brothers or sister on any relation from his father side such as uncles or aunts.

Question

 

A person dies who has not perfomed marriage.his father and mother have also expired a long time back.he has no brothers or sister on any relation from his father side such as uncles or aunts.


The only relation is his 2 maternal uncles [mama] and one maternal aunt [masi].from his mothers side .say a cash property of Rs :100000:00

Answer

 

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

 

From the outset, one should note that there are four rights or duties attached to the possessions of any person subsequent to his death.[1] Firstly, all expenses and liabilities incurred by the deceased, during his lifetime or which occurred after his death will be paid off from the gross estate. These expenses are made up of the burial expenses, debts and bequests. Once these expenses are settled, then only will the remaining funds, if any, form part of the Nett Estate and be distributed to the heirs. The executor of the estate will ensure that this procedure is carried it out with utmost precaution, guarding against the misappropriation of funds in any way. One should be ever-conscious and fearful of Allah Ta’ala when dealing with such matters.

Nevertheless, the four duties are outlined briefly and will have to be executed in this particular sequence:

1) Burial Expenses – the deceased’s funeral expenses, will be the foremost expense of the estate.

N.B: Only the basic expenditure required to bury and shroud the deceased will be borne out from the estate. This is generally a minimal expense. The practice of feeding, accommodating guests, etc. will not be financed by the estate in any way!

2) Debts – whatever debts were incurred by the deceased will then be paid out to the due creditors. All legal cost incurred while sorting out this expense, will also be included in this expense and deducted from the gross estate.

3) Bequests (wasiyyat) – if the deceased has bequeathed (requested that a certain portion of his wealth be given in a certain avenue), this amount will be deducted from only one third of the entire estate.

N.B: it is not permissible to bequeath anything to any particular heir. However, if the deceased did bequeath any amount, the bequest will not be valid unless mutually approved by all other heirs.[2] In this case, the one in whose favour the bequest was made, will receive, both his bequeathed share as well as his due inheritance.

4) Heirs – Finally, once the above three expenses are taken care of; the balance (the Nett Estate) will now be distributed to the heirs according to the Islamic Law of Succession and Inheritance.

In this case, assuming that the maternal aunt (masi) and maternal uncle (mama) are the offspring of one and the same mother and father, the estate will be divided into five equal shares. The uncles will receive double the share of that which the aunt will receive.[3]

 

Assuming that there are no expenses due on the deceased, the averages will reflect thus:

 1) Mamu A:    40% = Rs 40 000

2) Mamu B:    40% = Rs 40 000

3) Masi:           20% = Rs 20 000

 

And Allāh Ta῾āla Knows Best

Wassalāmu ῾alaykum 

Ml. Zeyad Danka,
Student Dārul Iftā

Checked and Approved by:

Mufti Ebrahim Desai
Dārul Iftā



[1] تتعلق بتركة المية حقوق اربعة مرتبة... (السراجى فى الميراث للسجاوندى ص 2, المصباح)

 

 [2]لا وصية لوارث الا ان يجيزها الورثة...يعنى عند وجود وارث اخر كما يفيده اخر الحديث... (در مختار ص656, ج6) 

 

[3] الحكم فيهم (و فى الحواشى: العمومة و الخوءلة و اولادهم...) انه اذا انفرد واحد منهم استحق المال كله لعدم المزاحم ... وان كانوا ذكورا و اناثا و استوت قرابتهم فللذكر مثل حظ الانثيين كعم و عمة كلاهما لام او خال و خالة كلاهما لاب و ام... (السراجى فى الميراث للسجاوندى ص 45, المصباح)

 

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.