Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

 

dear sir,

 

i have one question as under:-

 

if the father expires , mother is live , son sell the father house then how much sister will get the share as per islamic rules.

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Inheritance

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-14:

11      Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half.  For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth.  (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit.  These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.

12      In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts.  In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts.  If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone).  Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

 

If the father dies and is survived only by his wife, one son and one daughter, and assuming the house is the only wealth the father owned at the time of his death, and assuming the market value of the property was worth $100,000.00; then the distribution according to Shariah amongst the surviving heirs would be as follows:

 

The wife would receive 1/8^th or $12,500.00

Because the deceased left only one boy and one girl as his surviving heirs, the balance $87,500.00 would be divided into three parts ($29,166.66); and the son will receive twice the amount of the daughter.  Thus the son will receive $29,166.66 x 2 = $58,333.33; and the daughter will receive $29,166.66.

 

The above is the Shariah distribution if the father is survived only by his wife, one son and one daughter.  If either or both of the parents of the father who expired were alive at the time of death, or the father is survived by more than one son or one daughter, the share of inheritance will change accordingly. 

 

Beloved brother, if you let us know exactly which legal heirs of the deceased survived his death (mother, father, wife, exact number of sons and daughters), we would be able to give you an exact inheritance distribution in light of Shariah Law.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan