Can you give the Division of my deceased father Miras. My father died in January this year, He had left around Indian Rupees 800,000. A house which in the name of my Mother. We are 3 childrens ( i.e. me, my sister and my small brother) with our mother now.
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:
As
Dear
brother thanks for your advice and your prompt reply.
Inshallah
I will try to adhere with your advice.
Seeing
your prompt reply I would like to ask some more questions.
Can
you give the Division of my deceased father Miras. My father died in January
this year, He had left around Indian Rupees 800,000. A house which in the name
of my Mother. We are 3 children’s ( i.e. me, my sister and my small brother)
with our mother now. Also my grandfather is still alive what his share is. My
father has one brother and 4 sisters, do they also have a share in the Miras.
Please
give the complete details of the division.
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
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confidentiality.)
Answer:
Distribution of 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.
Thus assuming that the deceased did not leave a will or
have any debts, and the total wealth left behind was INR 800,000.00 the
inheritance according to Shariah would be as follows:
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
