Fatwa: # 41532
Category: Inheritance (Irth)
Country: United Kingdom
Date: 20th January 2019

Title

Inheritance Question

Question

Assalamualaikum

A question on how to distribute inheritance given the following scenario.

A female marhoom passed away leaving a husband, two sons and a daughter.

There is USD11,500* which must be shared (* not an exact amount).

Please advise how this amount should be shared accordinag to Shariah.

Jazakallah khair

Answer

In the Name of Allāh, 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. 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 are advised, the deceased woman is survived by

•        husband,

•        two (2) sons,

•        and one (1) daughter.

 

Her estate will be divided in 20 equal shares as follows;

 

Beneficiaries

Share Portfolio

Share Portfolio

Share Portfolio

Husband

5 Shares

25%

USD 2,875

1 Son

6 Shares 

30%

USD 3,450

1 Son

6 Shares 

30%

USD 3,450

1 Daughter

3 Shares 

15%

USD 1,725

Total

20 Shares

100%

USD 11,500

 

 

And Allah Ta‘āla Knows Best

Mehrazur Rahman

Student Darul Iftaa      

Brooklyn, NY, USA

Checked and Approved by,
Mufti Ebrahim Desai.

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