Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: My father past away in 2008. I have four sisters and I am the only son. My mother is still alive. I need to no how do we share inheritance of my father? He left one car and a house. The house they say it’s half owned by my mother as my father bought the house and was bonded but now its freed. My mother was married in community of property. I have the car with me. Please advise what do I do and how do I pay my sisters out according to Sharia as my father did not have a will and my mother says she owns half the house.


A: Being married in community of property is not recognised by shari`ah. This is not a basis for the distribution of the estate of the deceased. Hence, all his wealth will be distributed to all his heirs according to their stipulated shares. Therefore, the mayyit’s estate will be divided into 48 equal shares and distributed as follows:

Wife will receive 6 shares

Son will receive 14 shares

Each daughter will receive 7 shares

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.