Hi there, If my mother passes away, and only my brother and myself (daughter) are the surviving relatives, how is the inheritance distributed? To clarify, I have 1 dead sister who is survived by a son, a daughter and a husband, and also I have 2 dead brothers who are survived by 4 sons and 1 daughter. Does my mom’s inheritance get distributed to my living brother and myself only or do our nieces and nephews from our dead siblings get some of that inheritance?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
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• The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question. • 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. • This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa |
Sister in Islam,
According to the Shariah Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, which should not be extravagant nor miserly.
Thereafter all debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third (1/3) of the Estate should be paid.
Thereafter, all assets form part of the Net Estate and will be distributed according to the Islamic Law of Succession and Inheritance.
If a woman passes away and is survived by:
- Son
- Daughter
- 5 Grand Sons
- 2 Grand Daughters
According to the Shariah laws of Inheritance and Succession, if there are no other heirs besides the above, then the estate will be divided into 3 equal shares as follows:
|
BENEFECIARIES |
SHARES |
PERCENTAGE |
|
SON |
2/3 |
66.67% |
|
DAUGHTER |
1/3 |
33.33% |
|
GRAND SONS |
NIL |
NIL |
|
GRAND DAUGHTERS |
NIL |
NIL |
|
TOTALS |
3 |
100% |
The Grand Children will not inherit In the presence of the Son and Daughter.
Therefore, your nephews and nieces will not inherit any share from the estate of your mother.
And Allah Ta’āla Knows Best
Muhammad I.V Patel
Student Darul Iftaa
Lusaka, Zambia
Checked and Approved by,
Mufti Ebrahim Desai.