A deceased is survived 2 wives and their respective children. With the first wife, the deceased fathered 2 sons and 1 daughter. With the second wife, the deceased fathered 1 daughter but the deceased and the second wife also have an orphan boy aged 6 years whom they adopted when the boy was orphaned at birth.  Furthermore, the second wife also has a son from a previous marriage.  How should the estate of the deceased be  distributed. The Will of the deceased merely states that his estate is to be dealt with in terms of Islamic Law.

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: A deceased is survived 2 wives and their respective children. With the first wife, the deceased fathered 2 sons and 1 daughter. With the second wife, the deceased fathered 1 daughter but the deceased and the second wife also have an orphan boy aged 6 years whom they adopted when the boy was orphaned at birth.  Furthermore, the second wife also has a son from a previous marriage.  How should the estate of the deceased be  distributed. The Will of the deceased merely states that his estate is to be dealt with in terms of Islamic Law.

Bismillaah

A: After deducting the burial expenses, debts and one third of the estate for bequests, the estate will be divided into forty-eight 48 shares and will be distributed as follows:

Each wife will receive 3 shares

Each son will receive 14 shares

Each daughter will receive 7 shares

The adopted child and the wife’s son from her previous marriage are not Shar’i heirs. Hence, they will not inherit.

NB: The above Shar’ee distribution of inheritance is based on the information provided regarding the total number of heirs of the deceased present. 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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