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Estate Matter: Inheriting Wealth and Properties After a Loved One’s Passing

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: Please advise on the following estate matter:

My uncle recently passed away, leaving behind 1 Wife, 1 Son and 2 Daughters. He did leave a will. What will the inheritors shares be respectively? His Son is confused/unsure about reconciling the estate, kindly advice on how he should deal with the estate and inheritance. [some family members have advised him not to give the sisters their full share]. His father left behind wealth [cash], properties[commercial, which are owned by companies, in which the son and wife are directors], residential property [marhooms residence], vehicles etc… He has just built a commercial complex worth millions [owned by a company, whose share-holders are wife and son], what will the shares of each inheritor be? Can he calculate the value of the building and pay out his sisters? Or will they have a share in the property? Will they get a portion of the rental received? Marhooms Zakaat, Salaahs, fasts etc were not upto-date, what will the kaffarah be in the case? Should he pay the heirs immediately? Or can he hold some of the inheritance? He has already started giving sadqaah [charity] out of the estate, is this correct? Kindly advice on any other aspects I may have left out.


A: He is under shar`ee obligation to see that each person gets his full right. If they don’t then he is guilty of haraam and guilty of transgressing the limits of Allah Ta`ala and usurping the rights of people that are weak.

The estate will be divided into 32 equal shares and distributed as follows:

Wife will receive 4 shares

Son will receive 14 shares

Each daughter will receive 7 shares

They all should have a share in the properties. He may sell his share to them.

Has he made a bequest for the missed salaahs etc.?

He must pay them immediately.

He can only do this with his own personal share and wealth. It is haraam for him to do this with monies belonging to the estate.

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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