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Inheritance 1

Answered as per Hanafi Fiqh by Fatwa.org.au
A person died, left 3 sons and 3 daughters and a wife. Out of these 6 children 2 sons and 1 daughter is from his first wife who died after giving birth to 3rd children. Thereafter he again got married and got  2 daughters and a 1 son from his second wife.  How will his wealth be distributed? Kindly also support with Quranic Verses.

Secondly, his second marriage was with a divoced women who also had a daughter. Does she has any right to above distribution?

Answer:

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

According to the Islamic law of inheritance, the distribution of the estate will only commence after the following three things have been settled from the estate of the deceased:

1)      Funeral expenses (not including any extravagances)

2)      Debts (if any) including the legal costs

3)      Bequests (if any) made to non-heirs. This is not to exceed one third of the estate after the abovementioned two things have been settled.

Once the above have been taken care of, the remaining estate of the deceased will be divided into 72 equal shares and distributed as follow:

–          9 shares will be given to the wife

–          14 shares will be given to each of the three sons

–          7 shares will be given to each of the three daughters

The deceased man’s stepdaughter will not inherit from him.

And Allah knows best.

Mufti Faizal Riza

This answer was collected from Fatwa.org.au, which is connected to Darul Ifta Australia, based in Melbourne, Australia.
It is operated by Mufti Faizal Riza, a student of Mufti Ebrahim Desai from South Africa.

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