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Inheritance Question

Answered according to Hanafi Fiqh by Fatwa-TT.com
Question:

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?

Answer:

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:

HEIRS SHARES PERCENTAGE
Father              4/24     (⅙) 16.67 %
Mother              4/24     (⅙) 16.67 %
Wife              4/24     (⅛) 12.5 %
Son 13/24 54.17 %

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:

HEIRS SHARES PERCENTAGE
Father              2/12     (⅙) 16.67 %
Mother              2/12     (⅙) 16.67 %
Husband              3/12     (¼) 25 %
Son 5/12 41.67 %

 

And Allah Ta’āla Knows Best

Mufti Khaleel Ali

Darul Iftaa, Jaamia Madinatul Uloom (Trinidad)

www.fatwa-tt.com

 

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.

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