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Inheritance query

My friends father has passed away. And he has asked me to help him with the following wurathaa shares.

Left behind

A Wife

3 sons

1 daughter.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.


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We have been advised that the deceased (Father) is survived by:

–        One wife

–        Three sons

–        And one daughter

ACCORDINGLY, THE ESTATE WILL BE DIVIDED INTO 8 SHARES AS FOLLOWS:








BENEFICIARY

SHARE

PERCENTAGE

Son [1]

2

25%

Son [2]

2

25%

Son [3]

2

25%

Daughter [1]

1

12.5%

Wife [Widow]

1

12.5%

TOTAL

8

100%

NOTE: The above percentage figures have been rounded up to two decimal places.

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.] have been paid out. Thereafter, ALL assets form part of the Net Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

And Allah Ta’āla Knows Best

Safwaan Ibn Ml Ahmed Ibn Ibrahim

Student Darul Iftaa
Limbe, Malawi 

Checked and Approved by,
Mufti Ebrahim Desai.

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

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