Fatwa: # 47358
Category: Inheritance (Irth)
Country: South Africa
Date: 21st February 2021

Title

Please can Mufti Saheb advise who are the heirs of the estate

Question

As salaam u alaykum ww Mufti Saheb. I trust you are well. A family member passed away recently. He had 1 wife and only 1 daughter who are both living. He also had 2 brothers and 1 sister who are all living. His parents are deceased. Please can Mufti Saheb advise who are the heirs of the estate. Jazaakalllah.

Answer

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

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

  • 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 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 Islamic Law of Succession and Inheritance.

 

The entire estate of the deceased will be divided into 40 shares as following:

Beneficiaries

Shares

Percentage

Wife 

5

12.5%

Daughter

20

50%

Brother 

6

15%

Brother 

6

15%

Sister 

3

7.5%

Total

40

100%

 

And Allah Ta’āla Knows Best

Mudassir Benish

Student - Darul Iftaa
U.S.A 

Checked and Approved by,
Mufti Ebrahim Desai.

 

 

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