My Brother in law passed away. He has mother, wife, 1 son and 3 daughter also thee sisters (married) and 3 brothers (married). I would like to know who are ‘WARIS’ and how to divide inheritance. “kis kis ko hissa mile ga aur kitna?) Jazak Allah
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
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 as per follows:
We have been advised that at the time of your brother-in-laws’ demise, he was survived by:
a) His Mother
b) HIs Wife
c) A Son
d) Three Daughters
As per the information provided in the query and on condition that the deceased was not succeeded by any other heirs besides the ones mentioned in the query, the estate of the deceased will be divided into 120 shares and distributed amongst the heirs as follows
a) Mother receives: 20 shares
b) Wife receives: 15 shares
c) Son receives: 34 shares
d) Each Daughter receives: 17 shares
The Brothers and Sisters do not inherit.
And Allah Ta’āla Knows Best
Mawlana Ali bin Cassim,
Student Darul Iftaa
Los Angeles, U.S.A
Checked and Approved by,
Mufti Ebrahim Desai.