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Inheritance from mortgage

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Me and my family lived in one house, one by one my brothers & sisters got married and moved out. After they moved out I purchased the property in my name. I purchased the property for 80k (my parents, wife and younger sister still living in the property) my brothers had paid off 30k of the mortgage, which was used as a deposit, and I took out a mortgage of 50k in my name. My younger sister and mother have now moved out. To date I have there is 47k remaining on the mortgage. If I was to sell the property at 105k how will the inheritance be distributed bearing in mind 47k would need to be paid back to the mortgage provider (my father recently passed away). Would the 30k which was put down as a deposit count as my fathers wealth or/and the additional profit from the sale of the house (27k)

In the name of Allah, Most Compassionate, Most Merciful.


In the above mentioned scenario it has not been mentioned who is the owner of the property. If it is yourself or it is a partnership between yourself and your brothers then this will not be included in the inheritance of your father. However if the property was deemed to belong to your father then the inheritance will according to the Islamic Law of Inheritance, distribution of the property will only commence after funeral expenses, debts and if any bequests made to non-heirs, which do not exceed one-third of the estate after debts and funeral expenses, have been settled. (Raddul Muhtar, Vol 5, P536)

Therefore in the above scenario if the property belonged to your father then after paying the debt of £47,000.00 and also any other debts will the remaining amount be distributed amongst the heirs according to the Islamic law of inheritance. In regards to the £30,000.00 whether this is also included depends on what condition was that amount given. If as a gift then this will also be counted amongst the total wealth, however if this was a loan then this will be deducted and return to the debtors.

Hope this has clarified the situation. If in doubt or further clarification is required please do not hesitate to contact us.

And Allah knows best.

Sayeedur Rahman

Darul Ifta, Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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