How to distribute the inheritance of:
1- A man who dies and leaves behind a father, mother, wife and a son?
2- A woman who dies and leaves behind a father, mother, husband and a son?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
According to the Sharia Laws of Inheritance and Succession, distribution of an estate will only commence after settling of funeral & burial expenses, debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third (⅓) of the estate that remains after settling of debts and funeral expenses. Thereafter, all assets form part of the Net Estate and will be distributed as follows:
1– In the first scenario where a deceased man leaves behind a father, mother, wife and a son, the estate will be apportioned into 24 parts to be distributed as mentioned below:
|Father||4/24 (⅙)||16.67 %|
|Mother||4/24 (⅙)||16.67 %|
|Wife||4/24 (⅛)||12.5 %|
2– In the second scenario where a deceased woman leaves behind a father, mother, husband and a son, the estate will be apportioned into 12 parts to be distributed as mentioned below:
|Father||2/12 (⅙)||16.67 %|
|Mother||2/12 (⅙)||16.67 %|
|Husband||3/12 (¼)||25 %|
And Allah Ta’āla Knows Best
Mufti Khaleel Ali
Darul Iftaa, Jaamia Madinatul Uloom (Trinidad)
This answer was collected from Fatwa-tt.com, which is operated by the Darul Iftaa of Jaamia Madinatul Uloom (Trinidad and Tobago) under the advice and guidance of Mufti Ebrahim Desai (Daamat Barakaatuhum) of South Africa.