Inheritance.

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:

Assalam-o-alikum my brother in islam. may Allah reward you for your services to muslim ummah. Surely we do need constant guiadance and may Allah help us all to be successful.

 

Dear brother i need your help regarding inheritance. My beloved father passed away from a sudden heart attack long time ago. Then my mother passed away few years ago. May Allah bless them and make us sadqai jariah for them. Before my mothers death she sold one of the properties left behind by our father and gave me money to do business . That money i have invested .After her death she has left us with a house build on 2 and half canals and 12 canals of land and some jewlry and $2500 in cash. Please advice me that what should i do and how exactly i should distribute the rights of my siblings. I have one younger brother and two sisters who are married. Your help is greatly appreciated and please remember us in your prayers Was salam and thank you. 

 

(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.

13      Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

14      But those who disobey Allah and His Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment.

 

Respected brother, firstly, at the death of your father, all the property/wealth/cash he left behind should have been distributed amongst his surviving heirs (his father, his mother, his wife, his two sons, and his two daughters).  Because you have not given us the full details, we will assume that both his parents died before him and at the time of his death he was survived by his wife, two sons and two daughters; and assuming the total value of the wealth he left behind was 100,000.00, the distribution amongst his legal heirs would be as follows:

  1. The wife of the deceased would receive 1/8th or 12.50% of the total wealth, thus (in this assumption) it would be 12,500.00.
  2. The balance (100,000 – 12,500) 87,500.00 would be distributed amongst his four children, the sons getting twice the share of the daughters.  Thus each daughter would receive 14,583.33; and each son would receive (14,583.33 x 2) 29,166.66.

 

That should have been the distribution of the wealth which was left behind by your father according to Shariah Law.

 

After the death of your mother, the properties/wealth/cash, etc. which she left behind would be distributed amongst her surviving legal heirs (ie. her father, her mother, her husband, her sons and her daughters).  Assuming that her parents died before her; and assuming that she did not marry again after the death of your father, her surviving legal heirs would be her two sons and her two daughters.  Assuming that the total value of the wealth/lands/properties/cash/jewelry, etc. your mother left behind was 50,000.00, the whole amount would be distributed amongst her children, the sons getting twice the share of the daughters. 

 

Thus in this particular case, each of her two daughters would receive 8,333.33 and each of her two sons would receive (8,333.33 x 2) 16,666.66.

 

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

 

 

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