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Inheritance Query

Answered according to Hanafi Fiqh by Askimam.org

Please confirm how will the distribution take place of my uncle’s property/valuables etc. He is survived by his wife, one son (who is married), two daughters (both are married), his mother, his elder brother (who is married), two sisters (both are married)

Answer

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

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

According to the Shariah Law 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 Nett Estate and will have 
to be distributed according to the Islamic Law of Inheritance and Succession.

We have been advised that the deceased is survived by one wife, one son, two daughters, his mother, one brother and two sisters.

Accordingly, in the enquired situation the Nett Estate will be divided into ninety-six (96) equal shares and distributed as follows:










Heir

Shares

Percentage

Wife

12

12.5%

Son

34

35.42%

Daughter 1

17

17.70%

Daughter 2

17

17.70%

Mother

16

16.67%

Brother

0

0%

Sister 1

0

0%

Sister 2

0

0%

 

If the heirs mutually agree on the distribution of the property and valuables of the deceased, that too is acceptable.

And Allah Ta’āla Knows Best

Abdullah Ghadai

Student Darul Iftaa
Michigan, U.S.A 

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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