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Distribution of Deceased’s Estate

Answered as per Hanafi Fiqh by Mahmoodiyah


Assalamualaikum wa rahmatullahi wa barakatuhu

What is the opinion of the honourable Muftis with regards to the following:

A man passes away leaving behind a wife, three sons and four daughters.  How should his estate be distributed amongst the heirs?




Fatwaa no. 147/05


الجواب حامدا و مصليا

The deceased’s estate should be distributed as follows:

  1. His burial expenses must be paid from his estate first.
  2. All debts must be honoured thereafter.
  3. Any Wasiyyats (bequests) must be fulfilled upto one third of the remaining estate after the first two conditions have been fulfilled.
  1. The heirs will share in the estate thereafter as follows:

a. The wife will receive one eighth of the estate, i.e. 12.5 %

b. The sons and daughters will receive the rest of the estate in the ratio of 2: 1, i.e. 2 shares for every son and one share for every daughter.  Therefore each son will receive 17.5 % of the estate and each daughter will receive 8.75 % of the estate.  

And Allah Ta’ala knows best

Munir bin Mohammed Sa’ied Akhalwaya

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah


18 May 2005

09 Rabee’uth Thaani 1426

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