Fatwa: # 36624
Category: Inheritance (Irth)
Country: Romania
Date: 26th January 2019

Title

Inheritance

Question

Assalamualaikum.


My sister stayed with her husband in Jeddah for the past 3 years. Recently they had come to India for annual vacation. My sister's husband suddenly fell sick and passed away. His family consists of the following:


1) My sister as second and recent wife without any children 
2) His ex-wife and 2 girls borne out of his first wedding which he had annulled and pronounced divorce
3) Father, 2 married sisters and a married elder brother 


I would like to know how the assets of my sister's late husband are going to be divided as per Shariah ruling.

Answer

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

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

Sister in Islam,

May Almighty Allah shower your sister’s Husband with His Mercy. Aameen.

DISCLAIMER

•         The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

•            Darul Iftaa 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 the Darul Iftaa

 

According to the Shariah Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, which should not be extravagant nor miserly.

Thereafter all debts (including legal costs) and bequests (if any) made to non-heirs - which will not exceed one-third (1/3) of the Estate should be paid.

Thereafter, all assets form part of the Net Estate and will be distributed according to the Islamic Law of Succession and Inheritance.

If a man passed away and is survived by:

  • Wife
  • Ex wife
  • Two Daughters
  • Father
  • Two Sisters
  • Brother

 

According to the Shariah laws of Inheritance and Succession, if there are no other heirs besides the above, then the estate will be divided into 24 equal shares as follows:

BENEFECIARIES

SHARES

PERCENTAGE

WIFE

3

12.5%

EX-WIFE

NIL

NIL

DAUGHTER 1

8

33.34%

DAUGHTER 2

8

33.34%

FATHER

5

20.83%

SISTER 1

NIL

NIL

SISTER 2

NIL

NIL

BROTHER

NIL

NIL

TOTAL

24

100%

 

Wife (Your sister) will inherit three shares.

Daughters (From First wife) will inherit eight shares each.

Father will inherit five shares.

The ex-wife, the two sisters and brother will not inherit.

 

And Allah Ta’āla Knows Best

Muhammad I.V Patel

Student Darul Iftaa
Lusaka, Zambia

 

Checked and Approved by,
Mufti Ebrahim Desai.

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