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Inheritance Query

Answered as per Hanafi Fiqh by Askimam.org

How is the estate to be divided when a deceased male leaves a wife, one daughter, one brother and one sister. Jazakala

Answer

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

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



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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 Net Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

We have been advised that the deceased is survived by,

  • Wife,
  • Daughter,
  • Brother
  • Sister,

Accordingly, the estate will be divided into 8 shares as follows:







Beneficiaries

Shares

Percentage

Wife

1

12.5 %

Daughter

4

50 %

Brother

2

25 %

Sister

1

12.5 %

TOTAL

8

100 %

And Allah Ta’āla Knows Best

Huzaifah Deedat

Darul Iftaa
Lusaka, Zambia

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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