Q: My friend is living in America. She was a divorcee with one daughter who lives with her father. Her mother is staying with her and is partly paralyzed. She has one brother who is living in Pakistan. Recently she was diagnosed with cancer. As in America, if you do not make a will then everything goes to the state so she married a Muslim man so that he could take care of her assets. I wanted to know by what percentage will her wealth be divided according to Islamic law?
A: If at the time of her demise she is survived by her mother, 1 daughter, husband and 1 brother then her estate will be divided into 12 equal shares and distributed as follows:
Mother will receive 2 shares
Daughter will receive 6 shares
Husband will receive 3 shares
Brother will receive 1 share
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)