Inheritance of mother.
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:
Mera masla jaidad ki taqseem ke baray main hai.
Kya maan kay naam jaidaad wrasat main taqseem ho gi ya nahin?aur hogi to kaise?uski Islam ki roo se kis tarha taqseem hogi?
(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.)
Inheritance of mother
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 none 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 2 Surah Baqarah verses 11-14:
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 Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.
14 But those who disobey Allah and His Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment.
Your Question: Kya maan kay naam jaidaad wrasat main taqseem ho gi ya nahin? (Translation: Is the wealth in the name of a deceased mother eligible for distribution amongst her heirs?)
Beloved Brother, indeed the wealth left behind by any deceased believer, whether the deceased be a male or a female, a child or an adult, etc. will be liable for distribution amongst their surviving believing heirs according to the shares prescribed in Shariah.
Your Question: aur
hogi to kaise?uski Islam ki roo se kis tarha taqseem hogi? (Translation: and
if yes how? What is the guidance in Islam regarding its distribution?)
The normal legal heirs of the woman (or a mother in this instance) are her father, her mother, her husband, her son/s, and her daughter/s. Thus the exact shares in the inheritance will be determined by the type and number of the legal heirs which survive their mother.
For example, lets say a deceased mother left behind $10,000.00 and is survived by her father, her mother, her husband, one son and two daughters. In such a scenario the distribution of the inheritance of the deceased mother according to Shariah will be as follows:
Her father will receive 1/6th or $1,666.67
Her mother will receive 1/6th or $1,666.67
Her husband will receive 1/4th or $2,500.00
The balance $4,166.67 will be divided into four equal parts, with the son getting twice the share of the daughters; thus the son will receive $2,083.33 and the two daughters will receive $1,041.66 each.
Thus depending on the exact type and number of legal heirs who survived the deceased woman, each will be eligible to receive their prescribed share according to the Laws of Shariah.
Thus if you could kindly let us know who amongst her legal heirs are survived the deceased woman (mother in this instance), we would be better able to guide you regarding the exact shares of the heirs according to Shariah Law.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,