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An Inheritance Case

Answered according to Hanafi Fiqh by Daruliftaa.com

Can you please advise me on this issue of Miras. My mother passed away, she left some wealth and we are 6 brothers and 2 sisters. Please can you advise me on what share or percentage do each of us get and what’s left for her behalf to charity.

ANSWER

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

All the wealth which the deceased, your mother, left behind at the time she passed away, which includes everything she owned, such as: cash, gold, silver, house, clothes, furniture, etc….will be included in her Taraka (left over wealth).

From this wealth, firstly, if there are any debts on the deceased, they should be paid off. Thereafter, if she made any lawful bequest (wasiyya), it should be fulfilled from one third of her wealth.

The remaining two thirds will be distributed among the inheritors, dividing it into fourteen parts, from which each son (of the deceased) will receive two parts and each daughter will receive one part. This is in accordance with the Qur’anic verse:

“As regards your children’s (inheritance): to the male a portion of that of two females.” (Surah al-Nisa, V.11)

Their parts will therefore be distributed as follows:

Son = 2 Parts
Son = 2 Parts
Son = 2 Part
Son = 2 Part
Son = 2 Part
Son = 2 Part
Daughter = 1 Part
Daughter = 1 Part
__________________
Total = 14 Parts

And Allah Knows Best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK

This answer was collected from Daruliftaa.com, which is headed by Mufti Muhammad ibn Adam Al-Kawthari. He’s based in the United Kingdom.

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