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Will brothers of a man who has no sons inherit his property?

Answered as per Hanafi Fiqh by Askimam.org

If a man has 5 daughters, a wife but no sons, will his brothers be inheritors of his property if he was to pass away? If yes how much will everyone inherit?

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 one hundred and twenty (120) equal shares and distributed as follows: Wife receives : 15 shares Each daughter receives : 16 shares Brother receives : 25 shares 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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