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Inheritance Question

Answered according to Hanafi Fiqh by DaruliftaaZambia.com

Question

A man passes away and left behind a father, mother, wife, a son and a daughter. He also left behind siblings. How will his estate be distributed according to Shariah?

Answer

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

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

Disclaimer

  • The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • The Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa.

According to the Shariah Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, which should not be extravagant nor miserly.

Thereafter all debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third (1/3) of the Estate should be paid.

Thereafter, all assets form part of the Net Estate and will be distributed according to the Islamic Law of Succession and Inheritance.

We have been advised that a man passes away and is survived by:

  • Father
  • Mother
  • Wife
  • Son
  • Daughter
  • Brother/s
  • Sister/s

According to the Shariah laws of Inheritance and Succession, if there are no other heirs besides the above, then the estate will be divided into 72 equal shares as follows:








BENEFECIARIES

SHARES

PERCENTAGE

Father

12

16.67%

Mother

12

16.67%

Wife

9

12.5%

Son

26

36.1%

Daughter

13

18.06%

TOTALS

72

100%

 

The father will inherit 1/6th of the estate.

The mother will inherit 1/6th of the estate.

The wife will inherit 1/8th of the estate.

The remainder will be distributed to the son and daughter on the ratio 2:1

The deceased’s siblings will not inherit from the estate. 

Note: The percentages have been rounded off to the nearest decimal.

And Allah Ta’āla Knows Best

Checked and Approved by

Mufti Nabeel Valli.

Darul Iftaa Mahmudiyyah

Lusaka, Zambia

www.daruliftaazambia.com

This answer was collected from Daruliftaazambia.com, which serves as a gateway to Darul Iftaa Mahmudiyyah – Lusaka, Zambia.

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