I have been asked by director to ask the following question and would be grateful if you could send an answer as soon as possible.
His father recently passed away, the father has the following still surviving, in what proportion will his wealth be distributed.
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
|Ø The Shar`iah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.|
|Ø 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.|
|Ø This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa|
According to the Islamic Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third(1/3) of the Estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the Nett Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.
We have been advised that the deceased is surviving by a wife, 3 sons and 3 daughters. Accordingly, the estate will be distributed in 72 equal shares as follows. If the deceased was also surviving by both or one of the parents or any other heirs not referred to in the question, the answer will not apply.
|Beneficiaries||Share Portfolio||Share percentage|
The remaining 0.02 % can be redistributed according to the shares mentioned above or given into sadaqa.
And Allah Ta’āla Knows Best
Student Darul Iftaa
Checked and Approved by,
Mufti Ebrahim Desai