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:

please answer this followup question.

1.father dies. wife and one son are survivors.

2. if mother and father are both earning  in approximately amnounts and the accumulated weatlh is pooled as family wealth. then how is the wealth distributed when either the father or mother dies. (half should go to survivor of couple and the remaining half should be distributed according to Sharia ?)

thanks for your insight and help.

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Answer:

Inheritance issues

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.

Q-1: father dies. wife and one son are survivors.

If the husband, whose parents have already died, dies and leaves behind a wife and one son the distribution of inheritance will be as follows:

After the payment of debts and fulfillment of will if any, the wife will get 1/8^th of the wealth, and the son the balance 7/8^th.

If the husband dies, and both his parents are alive, and leaves a wife and a son, the distribution will be as follows:

After the payment of debts and fulfillment of will if any, husband’s father will get 1/6^th, husband’s mother will get 1/6^th, the wife will get 1/8^th, and the balance 13/24^th will be given to the son.

Q-2: if mother and father are both earning  in approximately amnounts and the accumulated weatlh is pooled as family wealth. then how is the wealth distributed when either the father or mother dies. (half should go to survivor of couple and the remaining half should be distributed according to Sharia ?)

The person or Shariah Court dividing the inheritance will make an estimate on what is the share of the deceased in the wealth pooled; and then divide that wealth amongst the legal heirs according to the parameters laid down by Allah and His Messenger (saws).

For example if the husband dies and the earning of the husband was $10,000.00 a year, and the earning of the wife was $5,000.00 a year since their marriage of 10 years, and the wealth pooled was $70,000.00. And it is determined that the running expenses of the house was $8,000.00 a year.

Since in Islam, the financial responsibility of running the house is laid upon the man alone, at the husband’s death, the money that the wife earned during this time will be considered her own personal wealth; and the balance will be considered the deceased husband’s wealth, which will be distributed amongst his legal heirs according to Shariah. The wife is not obliged to contribute even one cent to the running of the house!

Thus the $5,000.00 x 10 years = $50,000.00 of the pooled wealth of $70,000.00 will be considered the wife’s personal wealth; and the balance $20,000.00 will be considered the deceased husband’s wealth; and this $20,000 will be distributed amongst his legal heirs; where the wife will again stand to receive 1/6^th of this amount as her share of the inheritance.

Q-2A: (half should go to survivor of couple and the remaining half should be distributed according to Sharia ?)

Actually, if the above formula given by you was applied, the wife would stand to gain less money than allocated by Shariah! She would get only $35,000.00 + 1/6^th of the $35,000 as her Shariah inheritance; a total of $40,833.33.

But if calculated by the parameters laid down by Allah and His Messenger (saws), she would get $50,000.00 + 1/6^th of $20,000.00; a total of $ 53,333.33!

Whatever written of Truth and benefit is only due to Allah’s 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