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How is the property to be divided ff a person dies leaving behind his widow, one son and four daughters.

Assalamu alikum If a person dies leaving behind his widow,one son and four daughters how does the property to be shared among the legal heirs? 2. His wife has got saparate property and she wants to be divided among the one son and four doughters. Is it valid? Jazakalla Khair

Answer

At the outset, it must be pointed out that the heirs of an Estate may only be determined upon one’s demise. 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. The nett Estate will be divided into forty eight (48) equal shares and distributed as follows: Wife receives : 6 shares Son receives : 14 shares Daughter receives : 7 shares The second part of your question is not clear, kindly elaborate. and Allah Ta’ala Knows Best Mufti Ebrahim Desai FATWA DEPT.

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

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