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Inheritance Distribution

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
Please could you advise. Both my parents Yusuf and Amina passed away within 3 months leaving behind: 5 brothers and 2 sisters. (Nisar, Mustaq, Iqbal, Manzoor and Feroze. Memuna and Farida) Thereafter, my eldest brother, Nisar, passed away leaving behind 2 wives, (Mehrunissa & Ammu ) 5 sons Aftab, Kamil, Mehtab, Yasin and Suhail from Ammu, and 2 daughters Mumtaz and Asma. Recently one of the wives Mehrunissa (the mother of the 4 sons & 2 daughters) passed away. The surviving wife has a son Suhail. What would be the inheritance distribution according to the fiqh of Imam Abu Hanifah (RA)? Deceased summary: My father Yusuf died 10 Aug 1987 then 3 months, after my mother Amina died 7 Nov 1987 then my brother Nisar died 24 Aug 2003 then Nisar’s wife Mehrunnisa died 11 Jan 2014.

بسم الله الرحمن الرحيم

(Fatwa: 313/352/H=4/1438)

In case the details of the heirs are true and correct, the property of your deceased parents shall be divided into 2880 shares, after paying due rights preceding inheritance. Out of the total, each brother shall get 480 shares while each sister shall get 240 shares, while the widow of your deceased brother shall get 30 shares and the nephews (bhatijas) of the deceased bhabhi shall get 76 shares each, likewise 38 shares shall go to each niece (bhatiji) and the nephew (bhatija) which is from the present bhabhi shall get 70 shares. The Shariah division of the property of the deceased person is as follows:

Division Details:

Heirs

Number

Share for each

Total

Alive brothers:

4

480

1920

Sisters:

2

240

480

Widow of deceased brother

1

30

30

Sons of deceased bhabhi

4

76

304

Daughters deceased bhabhi

2

38

76

Son of alive bhabhi

1

70

70

 

Total

2880

This is in case, the deceased wife of your deceased brother did not leave behind anyone among her parents.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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