Inheritance distribution.
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:
Please
consider my question 24214 submitted for clarifications.
The
question is as follows
What
is the share of
1.
Sons
2.
Wife
3.
Daughters
4.
Brothers
5.
zakath
in the
property of a decaesed person .?
(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:
Only in cases where the deceased is not survived either by
its father or by its son/sons, the brothers and sisters of the deceased will
receive any share in the property of the deceased. If the deceased is survived either by its
father or by its son/sons, the brothers and sisters will receive absolutely no
share from the property of the deceased in Shariah.
Your
Question: What is the share of
1. Sons
2. Wife
3.
Daughters
4.
Brothers
5.
zakath
in the
property of a decaesed person .?
Firstly, there is no specific share for ‘zakah’ in the
property left behind by the deceased; the fulfillment of the obligatory annual
‘zakah’ dues is the responsibility of each individual before their death.
Thus assuming that the deceased left behind property worth
100,000.00 and is survived by his father, his mother, one wife, two sons, and
two daughters, the inheritance distribution of the property of the deceased
according to Shariah Law will 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
