Scenario 1 – My death ie. Husband. I have a father, wife, son and two daughters. Also brothers and sisters. Scenario 2 – Death of my wife. She has no parents. Other family non Muslims. Husband, son and two daughters. Scenario 3 – On the death of husband and wife for above two cases. Family left would be husbands father, son and two daughters.
At the outset, it must be pointed out that the heirs of an Estate may only
be determined upon one’s demise.
According to the Islamic Law of Succession and Inheritance, distribution of
an Estate will only commence after funeral expenses, debts 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.
Scenario 1: The estate will be divided into 96 equal shares and distributed
as follows: Wife receives 12 shares, Son receives 34 shares, Each daughter
receives 17 shares and Father receives 16 shares. Brothers and sisters do
Scenario 2: The estate will be divided into 16 equal shares and distributed
as follows: Husband receives 1 share, Son receives 2 shares and Each
Daughter receives 1 share.
Scenario 3: The estate will be divided into 4 equal shares and distributed
as follows: Son receives 2 shares and each daughter receives 1 share.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai