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Islamic Will: Dividing Inheritance Amongst Siblings and Nieces/Nephews

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I wanted to ask a question regarding Islamic will as my dad wants to write his will. He currently has two properties, first one in uk which is on my father’s name and the Second one in pakistan which is on both my parents names. Alhumdulilah both my parents are alive. We are 4 brothers and sisters, i.e. 2 brothers and 2 sisters. 3 of us are married and my younger brother is single. Elder brother has 3 children (2 daughters and 1 son). The rest have no children. Can you please guide us on how the wealth will be divided amongst everyone. Who will receive a share and who won’t?

Bismillaah

A: If at the time of the demise of your father his surviving heirs are his wife, 2 sons and 2 daughters then his estate will be divided into 48 equal shares and distributed as follows:

Wife will receive 6 shares

Each 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.

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