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Shari’ah Inheritance Laws for Women with Children

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: 

  1. A women passes away, leaving behind a husband, 2 sons, a mother, 2 brothers and a sister. How will her estate be distributed according to ​Shari’ah?
  2. Another case in which a woman passes away, leaving behind 2 sons and a daughter. How will her estate be distributed according to Shari’ah?

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A: 

1. The estate will be divided into 24 equal shares and distributed as follows:

The husband will receive 6 shares

Mother will receive 4 shares

Each son will receive 7 shares

2. If there are no other heirs like parents etc. then the estate will be divided into 5 equal shares and distributed as follows:

Each son will receive 2 shares

The daughter will receive 1 share

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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