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:
- His burial expenses must be paid from his estate first.
- All debts must be honoured thereafter.
- Any Wasiyyats (bequests) must be fulfilled upto one third of the remaining estate after the first two conditions have been fulfilled.
- 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
18 May 2005
09 Rabee’uth Thaani 1426