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Inheritance 2

Answered according to Hanafi Fiqh by Fatwa.org.au
1. My younger got died nearly one year before. At the time of his dead, he left his Pregnant Wife, nearly 1 years old daughter, father, mother, 2 brothers (including me), 1 sister. He also left his own business and some cash money. Please help us according to our Islam: How would his bussiness and money will be divided?

2. Also how much share should be given to my late youger brother Wife including his daugther and new born baby boy (1 month), from the property of my Father and Mother, which they own individually?

Answer:

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

1) 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 216 shares and distributed to the heirs as follows:

–          His wife will get 27 shares

–          His father will get 36 shares

–          His mother will get 36 shares

–          His daughter will get 39 shares

–          His son (although he was not born at the time of his death) will get 78 shares

(Shaami: 10/587 Darul Ma’rifa)

Note that the deceased’s brothers and sister will not inherit from him. Also note that the estate of the deceased includes all of his possessions including his business.

2) A woman does not inherit from her father in-law and mother in-law (they can make a bequest for her if they want though). As for how much will your brother’s children inherit from your parents: that depends on who is alive when your parents pass away. If you or your brother is alive, they will not inherit from your parents at all.

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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