Home » Hanafi Fiqh » Askmufti.co.za » Pre-deceased Heirs and Inheritance

Pre-deceased Heirs and Inheritance

Answered as per Hanafi Fiqh by Askmufti.co.za
Q: My question is about property distribution among heirs: the case is Abu Bakr (deceased) is the owner of property. Abu Bakr has no wife no father no mother and no son left behind as legal share holder. Abu Bakr has one daughter (pre-deceased). Abu Bakr’s daughter (pre-deceased) has two daughter and two sons. Abu Bakr has two sisters and one brother Umar who is pre-deceased. Are Abu Bakr’s sisters and brother (Umar who is pre-deceased) as well as Abu Bakr’s daughter, legal heirs according to Islam? Do Umar’s 4 sons and 2 daughters get any share in the property? Do Umar’s sons & daughters get any share in the property of there paternal uncle Abu Bakr? And what will be the ratio of shares be in the property for each legal heir according to Muhammedan law?
A: Pre-deceased relatives of any category do not inherit from the estate of a deceased, So Abu Bakr’s daughter and brother (Umar) who passed away before him are not legal heirs and they have no share in his estate.

The legal and Islamic heirs to his estate are the two sisters only.
The children of the pre-deceased brother and daughter, i.e. Umar’s four sons and two daughters, and the two sons and two daughters of Abu Bakr’s late daughter, are among the Zhawil-Arhaam or uterine relatives. They are his nephews and grand-children. They do not inherit when there are Quranic Heirs still alive. In this case Abu Bakr has two sisters still alive, and these sisters are Quranic heirs, so they will inherit the entire estate. Each sister will get half of the estate of their brother Abu Bakr.
And Allah Ta’ala knows best

PS Always refer to Laws of Islam as Shariah Law, not Muhammedan Law.

Mufti Siraj Desai

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

Read answers with similar topics: