Assalamu Alaikum Respected Mufti Sahib
Please can you advise on inheritance as per following scenario:
Hussain married Shakoor and had 4 sons and 3 daughters.
Sons: Muhammad, Ibrahim, Ali, Ashraf
Daughters: Ayesha, Amina, Fatema
Hussain passed away and left behind his wife and 4 sons and 3 daughters as heirs.
Shakoor then passed away leaving behind the 4 sons and 3 daughters as heirs.
Thereafter, Ali passed away leaving behind only his wife as he had no children.
Thereafter, Muhammad passed away leaving behind only 1 daughter Nazira.
Thereafter, Fatema passed away leaving behind husband Faruk and 3 daughters Khalida, Sajida & Siddiqa.
Hussain owned a property in India and the property is still in his name and now the property is to be sold.
Please can you calculate the inheritance shares for the property.
Jazakallah Khair
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
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DISCLAIMER |
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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 |
According to the Shari’ah Laws of Inheritance and Succession, 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.
In the enquired situation, if there were no other heirs besides those mentioned in the query, then if the property is sold, the proceeds of the sale will be divided as follows:
|
Heir |
Shares |
Percentage |
|
Ibrahim |
584 |
24.579% |
|
Ashraf |
584 |
24.579% |
|
Ayesha |
292 |
12.289% |
|
Amina |
292 |
12.289% |
|
Ali’s wife |
108 |
4.545% |
|
Nazira |
252 |
10.606% |
|
Khalida |
64 |
2.693% |
|
Sajida |
64 |
2.693% |
|
Siddiqa |
64 |
2.693% |
|
Faruk |
72 |
3.03% |
|
Total |
2376 |
99.996% |
And Allah Ta’āla Knows Best
Muhammad Fayyaadh
Student – Darul Iftaa
South Africa
Checked and Approved by,
Mufti Ebrahim Desai.