Category: Inheritance
Fatwa#: 19645
Asked Country: South Africa

Answered Date: Dec 20,2011

Title: Please assist me with regards to the distribution of inheritance

Question

Please assist me with a query I have received from a colleague (lady). This regards a retirement fund and how to allocate percentages to the nominated beneficiaries.

 

Subject: RE: Shariah option

 

How will Shariah distribution work for me and my husband?

 

He was married and is divorced.  He has three daughters.

We have two sons.

He has three brothers and one sister.

I have one brother and one sister.

I have my parents

Ideally I would like my kids and folks to benefit, but what does Shariah have to say?  I don’t want his daughters to benefit from my estate.

 
 

On a personal note, I would also like advice on how to distribute my beneficiaries via percentages.  I have:

 

Wife, two sons, one daughter, both parents, maternal grandparents, two sisters, one brother, three nephews (two-sister’s sons and one-brother’s son) and one niece (brother’s daughter), father –in-law and sister-in-law.

 

Please advise on the percentages for each applicable person’s share.

 
Shukran
Wassalam

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Note: According to the Islamic Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs - which will not exceed one-third(1/3) of the Estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the Nett Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

 

Our understanding of your query is that if the lady in reference passes away and she is survived by:

 

A.    Husband

B.    Two sons

C.    Father

D.   Mother

 

 Her estate will be divided into twenty four equal shares as follows:

 

A.    Husband: 6 shares (25% of the estate)

B.    Two sons: 10 shares (each one 5 shares) - each one will be allotted 20.83% of the estate

C.    Father: 4 shares (16.67% of the estate)

D.   Mother:  4 shares (16.67% of the estate)

 

Note: The lady’s step daughters (husband’s daughters from his previous marriage) will not inherit from her estate.

 

If the lady’s husband passes away, and he is survived by:

 

A.    Wife

B.    Son

C.    Three daughters

 

His estate will be divided into 40 equal shares as follows:

 

A.    Wife: 5 shares (12.5% of the estate)

B.    Son: 14 shares (35% of the estate)

C.    Three daughters: 21 shares (each daughter 7 share-17.5% )

 

If you are survived by:

 

A.    Wife

B.    Two sons

C.    Daughter

D.   Father

E.    Mother

 

 

The estate will be divided into 120 equal shares as follows:

 

A.    Wife: 15 shares (12.5% of the estate)

B.    Two sons: 52 shares (each one 26 shares)-each one will be allotted 21.67% of the estate)

C.    Daughter: 13 shares (10.83% of the estate)

D.   Father: 20 shares (16.67% of the estate)

E.    Mother: 20 shares (16.67% of the estate)

 

Your grandparents, sisters, brother, nephews, niece, father-in-law and sister-in-law do not inherit.

 

 

 

And Allah Ta’āla Knows Best

Mawlana Abdul Azeem bin Abdur Rahman,
Student Darul Iftaa
US

 

Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net

 

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