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Hanafi Fiqh

Inheritance Questions

Asalamualaikum

I wanted to follow up to provide more information.

My father passed away on April 9th 2021. The family he leaves behind is:
• Wife
• 2 Daughters
• 1 Son
• No surviving Parents
• In addition: he has 2 surviving brothers and 6 surviving sisters and 2 half sisters.

In the written will he bequeathed everything to my mother and it says that after she passes then everything will be distributed Islamically. Is this will valid? If it is not, then how should his assets be distributed.

Assets: House, cash, stocks/shares, personal belongings, and a business these are all split 50/50 between him and his wife. Both on paper and understood by the full family.

How should the following be distributed:
• House – Currently my mother and my brother and his wife are living in that house.
• Cash – On hand and in the bank.
• Shares/Stocks – Do we sell the shares, or can we distribute the stocks.
• Personal Belongings – Clothes, shoes, etc
• Business – The business was incorporated and had a total of 101 shares, 48 shares belonged to my Dad , 48 shares to my Mom and 1 share to each child.

The additional questions we had are as follows:

1. The assets that he left behind can we use that to cover his funeral expenses and any taxes owing? The follow up to this would be any other outstanding debts.
2. There is money owed to him; some of it was a loan that he and my mother gave together (split 50/50). The other is a loan he gave on his own. How is this to be distributed?
3. He had completed his Zakaat calculations and started the distribution however he did not complete the distribution, does this obligation still stand?
4. He had a life insurance policy, how do we deal with that money; from an Islamic perspective of life insurance and that money in general?
5. Once the calculations are completed does the wealth need to be distributed immediately or can this be done on paper for now
6. Lastly for the house and the business do we have to get a valuation done to understand its value.

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