Question: Assalamualaikum My father passed away last year – he left some money. My mother is still alive and there are 6 children remaining – 3 boys/3girls. What is the share for the mother? For the brothers? For the sisters? Jazakallah for your help. Wassalaam,

Question:

Assalamualaikum

My father passed away last year – he left some money.

My mother is still alive and there are 6 children remaining – 3 boys/3girls.

What is the share for the mother?
For the brothers?
For the sisters?

Jazakallah for your help.

Wassalaam,

Answer:

The deceased’s estate should be distributed as follows:

1. Firstly, his burial expenses should be paid from his estate.
2. All debts must be settled thereafter.
3. If any bequests were made, they should be fulfilled, but only up to one third of the remaining estate after taking care of 1 and 2.
4. The heirs will then share in the remaining as follows:

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

b)      Each son will receive 19.4 %.

c)      Each daughter is entitled to 9.7% of the estate.

Note: The above ruling only applies if the parents of the deceased are dead at the time of his death.

And Allah Ta’ala knows best

Ebrahim bin Zainul Abedeen Backus

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

14 September 2005

10 Sha’baan 1426