Category: Inheritance (Irth)
Fatwa#: 39553
Asked Country: United Kingdom

Answered Date: Jan 25,2018

Title: Inheritance Query

Question

How is the estate to be divided when a deceased male leaves a wife, one daughter, one brother and one sister. Jazakala

Answer

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

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

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

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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 Net Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

We have been advised that the deceased is survived by,

  • Wife,
  • Daughter,
  • Brother
  • Sister,

 

Accordingly, the estate will be divided into 8 shares as follows:

 

Beneficiaries

Shares

Percentage

Wife

1

12.5 %

Daughter

4

50 %

Brother

2

25 %

Sister

1

12.5 %

TOTAL

8

100 %

 

 

And Allah Ta’āla Knows Best

Huzaifah Deedat

Darul Iftaa
Lusaka, Zambia

Checked and Approved by,
Mufti Ebrahim Desai.

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