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Inheritance

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Assalam O Alekum, In the name of Allah The Most Magnificent and Generous.. I have the following matter to be resolved


My father expired a few years ago. He possessed a house, and some cash in his bank account. At the time of his death his mother was alive but very sick, two brothers and four sisters, all married. Besides that he left a wife, two sons and four daughters. Except for one daughter all the children are married.


After his death it has taken a long time to complete the legal formalities to clear the funds from bank and his property. In the mean time, six months after his death, his mother (our grandmother) expired as well.


Please advise from the point of view of our beloved Quran and Sunnah, how his leftovers should be divided among the kins.


Thank you and Jazakallah.

Ma`salam 

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Inheritance

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 11:

11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.


12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13 Those are limits set by Allah: those who obey Allah and His Apostle will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

 

According to the information provided by you, there are two deaths and thus there will be two separate inheritance distributions according to Shariah Law. First the inheritance of your diseased father will be distributed, and since the mother of the deceased was alive at the time of your fathers death, she will receive her share from your fathers inheritance. T

 

The share your grandmother inherited from your fathers property will be added to her wealth; and that will then be distributed to the inheritors of your grandmother.

 

Ref-1: Inheritance Share distribution of the fathers wealth: who was survived at the time of his death by his mother, wife, two sons and four daughters. Since the deceased had sons, the brothers and sisters of the deceased will have no share of his inheritance.

 

Thus the wealth of your deceased father will be distributed as follows after the fulfillment of debts and will (if any):

The mother will receive 1/6th of the wealth.

The wife will receive 1/8th of the wealth.

The balance amount will be divided into 8 equal shares, where the sons will receive 2 shares each and the daughters will receive 1 share each.

The brothers and sisters of the deceased will receive nothing.

 

If for example, the amount after the payment of the debts and fulfillment of the will (if any) was $10,000.00, then the distribution according to Shariah Law will be as follows:

The mother of the deceased will receive 1/6th of $10,000.00 or $1,666.66.

The wife of the deceased will receive 1/8th or $1,250.00.

The balance amount $10,000.00 -$1,666.66 -$1,250.00= $7,083.33 will be divided into 8 equal parts of $885.41, and the sons will receive double of the daughters.

The two sons will thus receive $885.41 x 2 = $1,770.82 each

The four daughters will receive $885.41 each.

 

Ref-2: Inheritance Share distribution of your grandmothers wealth: who was survived by her two sons (excluding your deceased father) and four daughters. Since your father died before her, neither he nor his children will receive any share of her inheritance according to Shariah Law.

 

Thus the $1.666.66 your grandmother received from the share of your deceased father will be added to her wealth, and the total will be distributed, after the payment of her debts and fulfillment of her will (if any) amongst her inheritors as follows:

 

Her sons will receive twice the amount of her daughters, thus if for example the total estate of your deceased grandmother was $20,000.00 + the $1.666.66 she received as her share of your fathers wealth, the total $21,666.66 will be divided into 8 equal parts of $2,708.33.

The two sons of the grand-mother will each receive $2,708.33 x 2 = $5,416.66 each

Her four daughters will receive $2,708.33 each.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your Brother in Islam,

 

 

Burhan

 


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