Category:
Fatwa#: 40316
Asked Country: Spain

Answered Date: Mar 28,2018

Title: Inheritance of Wife

Question

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

I would like to know what my wife would inherit if I pass away first.

My wife is a revert to Islam…her family is Christian.

We do not have any children and my parents have passed away.

I have 2 brothers, 1 nephew and 4 nieces.

My wife’s parents are still alive, she has 2 brothers, 1 sister, 3 nephews and 2 nieces…they are all Christian.

We both work and we have a joint bank account and share all expenses which I manage.  She earns 50% more than I do (i.e. She earns $120,000/year and I earn $80,000/year).

Would my wife be entitled to 60% of our assets first since she accounts for 60% of our household income?  And then she would be inherit 50% of my assets…is this correct?  The remaining 50% of my assets would go to my family and nothing to her family since they are Christian.

For example, if I pass away first and we have exactly $1,000,000.  My wife would first get $600,000 which would be her share/asset.  Then $200,000 (which is 50% of my assets)…my family would get and share the other 50% ($200,000) share of my assets and distribute amongst themselves according to Sharia.

Please advise…Jzk 

Ibrahim

Answer

If in the eventuality of your demise, you are survived by the following heirs:

  • Wife
  • Brother
  • Brother

Your estate will be divided as follows:

 

 

Beneficiaries

Shares

Percentage

 

Wife

2 (one fourth)

25%

Brother

3 (three eighth)

37.5%

Brother

3 (three eighth)

37.5%

3 Heirs

Total: 8 Shares

100%

Your nephew and nieces will not inherit in this case.

In principle, whatever is owned by you will form part of your estate. Whatever is owned by your wife will form part of her estate.

 

The term whatever includes every single item of possession from part to property.

 

If both of you have a joint account and if she owns 60% of the finances as explained by you and you own 40%, then her money will belong to her. She will inherit 25% of your estate, not 50% as you state. i.e. in the example cited, she will get $100,000, the remaining will be divided equally between both the brothers at $150,000 each.

 

And Allah Ta’āla Knows Best

Tareque Ahmed

Student Darul Iftaa
New York, USA

Checked and Approved by,
Mufti Ebrahim Desai.

________________________

الساجي في الميراث (فصل في الموانع ص11-12)

و اختلاف الدينين

فتاوي حقانية 6/522

احسن الفتاوى 9/312 

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