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:
asalam walikum! i have a very long question! my dad past away about 9 years ago! he left behind 30 thousand dollars! he also left behind a wife, three sons and one daughter! i would like to know how the 30 thousand dollars would be split up and how much would each one get! than you very much! asalam walikum
(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.
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.
The legal heirs of a deceased believer whose shares are prescribed in Shariah are:
- The father of the deceased
- The mother of the deceased
- The wife/wives of the deceased
- The son/s of the deceased
- The daughter/s of the deceased.
Assuming that both the father and the mother of the deceased died before his death, and thus the only surviving legal heirs of the deceased are his wife, his three sons and one daughter
In this case, Brother if your dad has expired and left behind US$ 30,000/- and none of his parents are living and only your mother and siblings are alive then if all his debts and funeral expenses etc., have been taken care of, the distribution according to Shariah will be as follows:
1/8th. will go to your mother (US$ 30,000/- divided by 8) = US$ 3750.00
Each brother will get US$ 7500/- (3 brothers x 7500/-) = US$ 22500.00
Sister will get = US$ 3750.00
TOTAL US$ 30,000.00
The above calculations will change if any one or both his parents are living.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is only ones. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,
Members of Islamhelpline