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 walaekum, How to distribute my property among my wife, 4 sons and 4 daughters. Please answer me this question? As I am in urget need of your answer. Allah nows the best.
(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.)
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.
As long as one is alive, one is the owner of ones wealth..and one is at liberty to gift ones wealth to whomsoever one wills and pleases.
It is only after ones death when the property and wealth left behind by the deceased will be distributed according to Shariah Law as inheritance towards their surviving legal heirs.
Allah Says in the Holy Quran Chapter 4 Surah Nisaa 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.
Under normal situations, the legal heirs whose shares of inheritance are prescribed in Shariah Law are:
- The father of the deceased
- The mother of the deceased
- The spouse of the deceased
- The sons and daughters of the deceased.
Thus for example, say the deceased is survived by his wife, four sons and four daughters (assuming that the deceaseds father and his mother have died before him); and the total wealth (including cash, property, etc.) left behind by the deceased was 100,000.00in such a situation the shares of each surviving legal heir according to Shariah Law will be as follows:
- The wife will receive 1/8th or 12.50% or 12,500.00
- Because the deceased is survived by four sons and four daughters, and the sons are to receive twice the share of the daughters, the balance 87,500.00 (100,000 12,500) would be divided into 12 equal parts of 7,291.66. Each of the four daughters would receive 7,291.66; and each of the four sons would receive 14,583.33 (7,291.66 x 2).
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,