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:

I would appreciate if you may define Inheritance Laws as per Islamic Sharia, quoting examples so that everyone gets a clear understanding of the concept.
In case of death, how the wealth of a married man, a married woman or acquired in the name of minor children would be distributed?

 

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 distributions

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 no one (no idol, no person,  no grave, no prophet,  no imam,  no dai,  nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

 

Beloved brother in Islam, there are so many combinations in the distribution of one’s inheritance depending on the number and type of legal heirs of the deceased, that it would require a book to list all the possible combinations! 

 

For example, if the deceased has only one son, no wife, no daughters and no parents; or if the deceased leaves behind parents, grandparents, wife, sons and daughters; or if the deceased leaves behind no children, but has brothers and sisters; etc.  There are a variety of combinations, depending on who amongst the legal heirs are alive, which would determine the exact distribution of the wealth left behind by the deceased.

 

If you give us the exact details of the surviving heirs, only then can one give an exact distribution of the Shariah inheritance.

 

What we can do is give you a simple and general criteria of who are the heirs and their percentage of inheritance.

The first and foremost things that will be paid from the wealth of the deceased is one’s debts and the fulfillment of one’s will if the deceased has left a will.

The balance amount of the wealth after fulfilling the debts and the will of the deceased will be distributed amongst the general heirs: parents, grand-parents, wife (wives), sons, daughters, and brothers and sisters (and their offsprings) only if one is childless.

The percentage Decreed by Allah Subhanah is as follows:

The parents get 1/6^th each

The wife (wives) gets 1/8^th

The share of the sons is twice as much as the daughters.

 

Here are some general examples in the division of the inheritance:

 

Example a:  Deceased had 1 son,  1 wife,  mother and father.   The shares will be as follows:

The father gets 1/6^th.

The mother gets 1/6^th.

The wife gets 1/8^th.

All the rest goes to the son.

 

Example b: Deceased had 1 son, 1 wife,  and no parents.  The shares will be as follows:

The wife gets 1/8^th

The son gets all the balance 7/8^th.

 

Example c: Deceased had 1 son, no wife and no parents.  The shares will be as follows:

The son gets all the wealth.

 

Example d: Deceased had 1 son, 1 daughter,  no wife and no parents.  The shares will be as follows:

The Daughter gets 1/3^rd.

The Son gets 2/3^rd.

 

There are many other options,  depending on the number and type of heirs the deceased leaves behind.  If you can give us the exact number and type of heirs the deceased has left behind,  only then can the exact distribution of inheritance be accurately determined.

 

Your Question: In case of death, how the wealth of a married man, a married woman or acquired in the name of minor children would be distributed?

The inheritance distribution will be exactly the same whether one is a minor or an adult.  In the case of a minor, a guardian to the minor’s wealth will be appointed either by the Court or by the heirs; and it is the responsibility of the guardian to fear Allah Subhanah and take extreme care of the minor’s wealth until the minor reaches adulthood, whereby the guardian has to hand over every cent of the inheritance to the legal heir in full.

 

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

 

Your Brother in Islam,

 

 

Burhan