So what will be division of the property in this case.
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:
Asslaam
Alaikum Brother,
I have
question related to the Inheritance property as per the shariat Law.The
present scenario is there is one home in which father was staying and
he have only one son and 3 daughters all are married.Father expires due
to illness and leaves behind the house in which he was staying as per the
property details he was having this only house in which his father
was staying and his father was staying along with this son daughter who
used to take care.
So
what will be division of the property in this case as per the i heard
from many brothers this house should be going to his only son since
it was been used by his father and son , if there is onother property
apart from this house that property should be divided among all
the childrens as per the shariat law.
Please
revert with opinions and shariat as this is very critical. Zazakallah
Allahhafiz.
(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
distribution
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 2 Surah
Baqarah 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.
The legal heirs of a deceased
believer whose shares are prescribed in Shariah are:
Your
Question: So what will be division of the property in this case as per
the i heard from many brothers this house should be going to his only
son since it was been used by his father and son , if there is
onother property apart from this house that property should be divided among
all the childrens as per the shariat law.
If the deceased was the legal owner of the property, and
assuming that his parents and his wife expired before his death, and he is
survived by one son and three daughters….absolutely regardless of who stayed
where, who took care of whom, whether the heirs are married or unmarried, and
absolutely regardless of whether it is only one property or ten properties, the
full property of the deceased will be distributed as inheritance between all
the legal heirs, in this case the son and the three daughters, according to their
shares prescribed in Shariah.
Thus in this particular situation, assuming that both the
parents and the wife of the deceased expired before his death, and the deceased
is survived by only one son and three daughters….and assuming the property was
worth 100,000.00….the distribution between the legal heirs of the deceased
according to Shariah Law will be as follows:
…….to the male
a portion equal to that of two females:
Because the deceased is survived by only one son and three
daughters, the value of the property will be divided into five equal parts (100,000.00/5)
of 20,000.00, and the son will receive twice the share of each of the
daughters.
Thus the three daughters each will receive 20,000.00.
The one son will receive 40,000.00.
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
