Question:
Salaam
My mum passed away two years ago, I am her only son from a previous marriage, she was married and has a son and two daughters and my step dad. Do I have a claim to the house she left behind. What are my rights as the eldest son, given that she left no will,.
Shukran
Answer:
Yes, according to the law of inheritance in Islam you will have a share in the estate of your deceased mother.
The house of your mother should be valued and divided into 8 shares (provided her parents have passed away during her life time) which will thereafter be distributed as follows;
2 shares will go to her husband (your stepfather).
2 shares to each of her sons (you and your stepbrother).
1 share to each of her daughters (your stepsisters).
And Allah Ta’ala knows best
Abdurrahman bin Yaseen Cader
Attested to as correct by:
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
07 February 2007
18 Muharram 1428