Category: Inheritance
Fatwa#: 19691
Asked Country: South Africa

Answered Date: Jan 05,2012

Title: A specific inheritance case

Question

I have the following question regarding inheritance.

My mother passed away last year leaving the following:

1.      Cash

2.      Two proprieties, one in UK and one in India ( jointly owned with husband)

3.      Land in India (jointly owned with husband)

4.      Jewellery

 

She leaves behind the following relatives:

1.      Husband

2.      Four sons (one passed away whilst my mother was alive)

3.      Three daughters

 

Four months before my mother passed away, she gifted her daughters two bangles each. Will this count as inheritance or will it count as a gift?

Please can you let me know how the above will be distributed according to the Islamic law?

 

Answer

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

 

As-salāmu ‘alaykumwa-rahmatullāhiwa-barakātuh.

 

We acknowledge receipt of your query wherein you requested a verdict as per the devolution of your late Mother’s estate (May Allah Grant her Jannatul Firdaus).

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.

 

It id not clear to us in your mother estate whether there were four sons alive when the mother passed away or three sons when the mother passed away.

Hereunder are the shares according to both situations.

Four sons alive:

 

Beneficiaries

 

Share Portfolio

Share Percentage

Husband

11

25%

Son (1)

6

13.63%

Son (2)

6

13.63%

Son (3)

6

13.63%

Son (4)

6

13.63%

Daughter (1)

3

6.81%

Daughter (2)

3

6.81%

Daughter (3)

3

6.81%

TOTAL

 

44

99.99%

 

Note: As you can see, there is a remainder of 0.01% in the percentage column, due to the intricacies of rounding off each beneficiary’s percentage share to the nearest decimal point. This could result in some minute amount of the estate being left over after distribution. Hence, in the event of any surplus left after distribution, that can either be given in charity on behalf of the deceased with the consent of all the heirs or it can be given to any of the heirs with the permission of the others; otherwise it can be redistributed according to the above percentages as far as possible.

 

If there are three sons then:

 

Beneficiaries

 

Share Portfolio

Share Portfolio

Husband

9

25%

Son (1)

6

16.66%

Son (2)

6

16.66%

Son (3)

6

16.66%

Daughter (1)

3

8.33%

Daughter (2)

3

8.33%

Daughter (3)

3

8.33%

TOTAL

 

36

100%

 

Cash, jewellery, properties and land owned by the deceased according to her share will belong to all the heirs in proportion to the percentages as outlined above. Hence they will be partners in each of these possessions as per their percentage ratio.

 

If the mother gave as a gift to the daughters the bangles while she was alive and in sound health and the daughters took possession of it then it will be regarded as gift to the daughters. Hence, it will not be count from the inheritance.

 

( الْمَادَّةُ 861 ) - ( يَمْلِكُ الْمَوْهُوبُ لَهُ بِالْقَبْضِ الْمَوْهُوبَ ) .

يَمْلِكُ الْمَوْهُوبُ لَهُ بِطَرِيقِ الْهِبَةِ الْمَوْهُوبَ بَعْدَ الْإِيجَابِ وَقَبْضُ الْمَوْهُوبِ بِالذَّاتِ أَوْ بِوَاسِطَةِ نَائِبِهِ مِلْكًا غَيْرَ لَازِمٍ ( الْهِدَايَةُ ) فَإِذَا كَانَ الْمَوْهُوبُ لَهُ وَاحِدًا مَلَكَهُ مُسْتَقِلًّا وَإِذَا كَانَ مُتَعَدِّدًا فَيَمْلِكُونَهُ بِالِاشْتِرَاكِ وَهَذَا الْمِلْكُ لَيْسَ مُسْتَحِقَّ السَّلَامَةِ .

درر الحكام في شرح مجلة الأحكام– ج  3- ص 381 – مكتبه رشيديه

 

فتاوى محموديه – ج 20 – ص 192 – 193 – دارالافتاء جامعه فاروقيه - كراجي

 

 

And Allah Ta’āla Knows Best

Mufti Hussein Issa,
Mozambique

 

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

 

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