Fatwa: # 40145
Category: Inheritance (Irth)
Country: Canada
Date: 16th March 2019

Title

Meeraath query

Question

My husband's 1st wife was died and left 2 sons. Then I was married and dont have any child. My husband has died. What is my share from inheritance 1/4th or 1/8th. what will be share of my 2 step sons

Answer

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

As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

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 Shari’ah Laws of Inheritance and Succession, 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 Islaamic Law of Succession and Inheritance.

 

We have been advised that the deceased husband is survived by,

  • One wife (yourself)
  • Two sons

Accordingly, the estate of the deceased will be divided into 16 shares as follows:

 

Beneficiaries

Shares

Percentage

Wife

2

              12.50 %  = (1/8)

Son

7

43.75 %

Son

7

43.75 %

TOTAL

16

100 %

 

And Allaah Ta’aala Knows Best.

Muajul I. Chowdhury

Student, Darul Iftaa

Astoria, New York, USA

Checked and Approved by,

Mufti Ebrahim Desai.

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