Category: Inheritance
Fatwa#: 18481
Asked Country: Kenya

Answered Date: Feb 07,2010

Title: My question is on Islamic inheritance based on the Hanafi Madhhab and is as follows: We have recently had a family tragedy, whereby my sister and her

Question

Assalmualikum, My question is on Islamic inheritance based on the Hanafi Madhhab and is as follows: We have recently had a family tragedy, whereby my sister and her family were involved in a car accident near Albertinia in South Africa on the 1st of December 2009. The occupants of the car were my sister, her husband and their 2 children, a boy aged 21 and a girl aged 19.( the entire family) My sister, her husband and their son passed on on the spot, ie the police say that when they reached the site ( in about 10 or 15 mins after the accident), the three were no longer there. Their daughter survived the accident and was airlifted to George Hospital in a coma. She opened her eyes but was not aware of anything. She passed away on 30th December 2009, 30 days after the accident. There is now a question of inheritance and would request for your advice on this based on the Hanafee school of thought. The family is as follows:

1-Deceased Name, Ebraheem ( driving the vehicle) aged 53, ( wife and son passed away in the same accident) Had daughter Asya who has survived the accident but passed away 30 days later.. Has mother who is alive, and has 2 bothers and 2 sisters.

2- Deceased name, Lutfunnisa ( seated next to her husband) aged 48, ( husband and son passed away in the same accident) Has 1 daughter Asya who has survived the accident, but passed away 30 days later. Has father and mother both alive. Has 1 brother and no sisters.

3- Deceased name, Assad ( 21 year old son to ebrahim and lutfun and not married) Has 1 sister Asya who has survived the accident, but passed away 30 days later. Has grandmother ( father’s mother) alive Has grandmother ( mother’s mother) alive Has grandfather ( mother’s father ) alive Has 2 paternal uncles Has 2 paternal aunts Has 1 maternal uncle.

4- Deceased name. Asiya ( 19 years old daughter to ebrahim and lutfun and not married. Has grandmother ( father’s mother) alive Has grandmother ( mother’s mother) alive Has grandfather ( mother’s father ) alive Has 2 paternal uncles Has 2 paternal aunts Has 1 maternal uncle. Based on this we request you to please assist in working out the inheritance ( as a fraction) entitlement to each of the heirs, according to the Hanafi Madhhab, considering that Ebrahim, lutfun and Asad currently have property in their name. If you need any other information, please let me know. Jazakallah and Maassalaam,

Answer

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

 

Since the father, mother and son passed away on the spot and it cannot be determined in which order they had passed away, it will be assumed that they all passed away at the same time and each of the three will not inherit from one another. However, since the daughter survived several days later, she will inherit from her father, mother and brother.

إذا ماتت جماعة ولا يدرى مات اولا جعلوا كأنهم ماتوا معا  فمال كل واحد منهم لورثته الأحياء  ولا يرث بعض الأموات من بعض  هذا هو المختار
(السراجي في الميراث ص59, مكتبة مجيدية)

The estate of each person (father, mother, son and daughter), after burial expenses, all debts are settled, the bequest is executed from 1/3 of the estate, thereafter, the remainder will be distributed correctly amongst the rightful heirs.

1) The estate of Ebraheem (father) will be divided into 72 shares and distributed in the following manner:
His mother will receive 15 shares.
His two brothers will receive 23 shares each.
His two sisters will receive 4 shares each.
His mother-in-law will receive 3 shares.

 

2) The estate of Lutfunnisa (mother) will be divided into 24 shares and distributed in the following manner:

Her father will receive 8 shares.
Her mother will receive 5 shares.
Her two brother-in-laws will receive 5 shares.
Her mother-in-law will receive 1 share.

 

3) The estate of Assad (son) will be divided into 24 shares and distributed in the following manner:

His two grannies (maternal and paternal) will receive 3 shares each.
His two paternal uncles will receive 9 shares each.

 

4) The estate of Asiya (daughter) will be divided into 12 shares and distributed in the following manner:

Her two grannies (maternal and paternal) will receive 1 share each.
Her two paternal uncles will receive 5 shares each.

 

N.B In the first three estates the daughter (Asiya) was alive at their demise, hence, she was a legal heir. Since she has predeceased the distribution, her shares were distributed amongst her heirs.

 

And Allāh Ta῾āla Knows Best

Wassalāmu ῾alaykum 

 

Ml. Rayhaan Docrat,
Student Dārul Iftā

Checked and Approved by:

 

Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah

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