Category: Inheritance
Fatwa#: 41417
Asked Country: Canada

Answered Date: Nov 09,2018

Title: Estate Distribution

Question

As-salaamu alaykum,

I have a question regarding Islamic inheritance law and the rightful inheritors in the scenario I will explain. An unmarried man passes away who never married so he has no spouse or kids. Upon passing away, this man has an older sister, younger sister, and younger brother.  The two sisters have children (one daughter from the older sister and two daughters from the younger sister). The younger brother is also unmarried with no children.

1) Who are the rightful inheritors in this scenario and how much do they get?

2) Please also tell me the inheritance in case there are surviving parents (mom and dad) in addition to the above-mentioned siblings and their children, if the parents have passed away, or if one or the other parent has passed away.

Of course, the deceased man in question also has extended family such as aunts, uncles, etc.  So kindly provide all relevant information regarding inheritance. I hope to hear from you soon. Jazak Allahu Khairun.

was-salaam

 

Answer

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

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

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.

(1)  If a man passed away and is survived by:

  • Two Sisters
  • Brother
  • Three nieces

In principle, if one’s parents pass away before the child, the parents do not inherit from the child’s estate.

Accordingly, in the above example, the estate will be divided in the ratio 2:1 between the brother and Two Sisters.

BENEFECIARIES

SHARES

PERCENTAGE

Brother

1/2

50%

Elder Sister

1/4

25%

Younger Sister

1/4

25%

TOTAL

 

100%

 

The three nieces will not inherit

(2)  If a man passed away and is survived by:

  • Father
  • Mother
  • Two sisters
  • Brother

The Mother will inherit 1/6th of the estate and the Father will inherit the residue 5/6th.

The two sisters and brother will not inherit.

 

BENEFECIARIES

SHARES

PERCENTAGE

Mother

1/6

16.67%

Father

5/6

83.33% (Residue)

Brother

NIL

NIL

Elder Sister

NIL

NIL

Younger Sister

NIL

NIL

TOTAL

 

100%

 

(3)  If a man passed away and is survived by:

  • Father
  • Two sisters
  • Brother

The father will inherit the entire estate.

BENEFECIARIES

PERCENTAGE

Father

100%

Brother

NIL

Elder Sister

NIL

Younger Sister

NIL

TOTAL

100%

 

(4)  If a man passed away and is survived by:

  • Mother
  • Two sisters
  • Brother

The Mother will inherit 1/6th of the estate. The remainder will be distributed amongst the brother and Two Sisters in the ratio 2:1

BENEFECIARIES

PERCENTAGE

Mother

16.67%

Brother

41.67%

Elder Sister

20.84%

Younger Sister

20.84%

TOTAL

100%

 

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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