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:

Dear Brother,

Assalaam alaiykum,

A widower dawoodi bohra man aged 67, with his son, daughter in law and a grand daughter remarried a sunni muslim divorcee lady aged 52 with no kids of her own. Please advise us as to how the distribution of moveable and immoveable property of his and her would be according to the islamic law if either of one is deceased.

Thanks for your help. Khuda hafiz,

 

(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 of father

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.

 

In light of the above absolutely clear guidance of Allah Subhanah, the ‘ashaab-ul-faraiz’ or the legal heirs whose shares of inheritance have been prescribed in Shariah of any believing deceased are:

1. The father of the deceased
2. The mother of the deceased
3. The spouse of the deceased
4. The sons and daughters of the deceased.

 

In this particular case described by you, if the man dies before his wife, he would be survived by his one son and his wife; thus the distribution of the wealth he leaves behind will be as follows:

1. His wife will receive 1/8^th or 12.50% of the wealth left behind by her deceased husband.
2. The son being the only other legal heir will inherit the balance 7/8^th or 87.50%.
3. The daughter-in-law and the grand-daughter of the deceased are not considered legal heirs in Shariah and will receive nothing from the wealth left behind by their deceased father-in-law/grand-father. 

 

If the wife were to die before her husband, the husband will be entitled to receive half the wealth left behind by his deceased wife.  Because the deceased wife was childless, the balance half will be distributed amongst her surviving heirs, ie. her brothers/sisters.  If she has no brothers/sisters, then her uncles and her aunts.  If no uncles/aunts, then the children of her uncle/aunts, etc. etc.

 

The son of her husband, or the wife of the son of her husband, or the children of the son of her husband are not her legal heirs, and they would not receive anything from the wealth left behind by the wife of their father.

 

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