Category: Inheritance (Irth)
Fatwa#: 37094
Asked Country: Germany

Answered Date: Oct 28,2016

Title: I would like advice on how to distribute my ‘estate’ to my beneficiaries

Question

Assalaamualaikum w.w.t.

Please advise:

I would like advice on how to distribute my ‘estate’ to my beneficiaries.  I am married Islamically and via ANC (without accrual):

Husband, 2 sons, 1 daughter, father, 1 sister, 1 nephew (my sister’s sons) and 2 nieces (sister’s daughter).

I understand that my husband’s family are not heirs in my estate – am I correct?

My mother & both sets of grandparents are deceased. I am unsure if my mother’s brothers & sister are eligible (they are still alive).

Please advise on the percentages for each applicable person’s share. Also advise if I have unintentionally left anyone out.

Shukran

Answer

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

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

 

DISCLAIMER

• The Shar’i 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 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.] have been paid out. Thereafter, ALL assets form part of the Net Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.))

 

If you are survived by your father, husband, two sons and one daughter, then:

THE ESTATE WILL BE DIVIDED INTO 60 SHARES AS FOLLOWS:

 

BENEFICIARY

SHARE

PERCENTAGE

Father

10

16.67%

Husband

15

25%

Son [1]

14

23.33%

Son [2]

14

23.33%

Daughter [1]

7

11.67%

TOTAL

60

100%

 

NOTE: The above percentage figures have been rounded up to two decimal places.

 

The nephews, nieces and maternal uncles will not inherit.

And Allah Ta’āla Knows Best

Safwaan Ibn Ml Ahmed Ibn Ibrahim

Student Darul Iftaa
Limbe, Malawi

Checked and Approved by,
Mufti Ebrahim Desai.

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