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What is the estate for a person survived by many people?

Answered as per Hanafi Fiqh by Askimam.org

My father passed away last year.

He has alive:

  1. his wife (my mother)
  2. His step mother
  3. 4 sons (including me),
  4. 1 blood brother (same father and mother)
  5. 1 blood sister (same father and mother)
  6. 5 step brothers (different mothers)
  7. 2 step sister (different mothers)
  8. 4 grandaughter (daughters of his sons)
  9. 1 grandson (son of his son)

Please can you help how to islamically distribute this.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu alaykum wa-rahmatullāhi wa-barakātuh.

Disclaimer 

  • The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • The Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa

 

According to the Shariah Laws of Inheritance and Succession, the estate of the deceased will be distributed after burial expenses, paying of debts (if any), and fulfilling bequests (if any) from the remaining one-third after burial expenses and paying of debts.

In the inquired situation, we are advised the deceased was survived by a wife, four sons, one full brother, one full sister, five paternal brothers, two paternal sisters, four granddaughters (son’s daughters), one grandson (son’s son), and one stepmother.

Accordingly, the estate will be divided into 32 equal shares as follows:














Heir

Shares

Percentage

Wife

4

12.5%

Son 1

7

21.88%

Son 2

7

21.88%

Son 3

7

21.88%

Son 4

7

21.88%

Full Brother

Excluded

0%

Full Sister

Excluded

0%

Five Paternal Brothers

Excluded

0%

Two Paternal Sisters

Excluded

0%

Four granddaughters (son’s daughters)

Excluded

0%

grandson (son’s son)

Excluded

0%

Stepmother

Not a Heir

N/A

 

N.B. If the deceased was survived by a mother, father, or any other heir, the above ruling will not apply.

And Allah Ta’āla Knows Best

AbdulMannan Nizami

Student Darul Iftaa
Chicago, IL, USA

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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