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:
Assalam
walaekum, How to distribute my property among my wife, 4 sons and 4 daughters.
Please answer me this question? As I am in urget need of your answer. Allah
nows the best.
(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.
As long as one is alive, one is the owner of one’s
wealth…..and one is at liberty to gift one’s wealth to whomsoever one wills and
pleases.
It is only after one’s death when the property and wealth
left behind by the deceased will be distributed according to Shariah Law as
inheritance towards their surviving legal heirs.
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.
Under normal situations, the legal heirs whose shares of
inheritance are prescribed in Shariah Law are:
Thus for example, say the deceased is survived by his
wife, four sons and four daughters (assuming that the deceased’s father and his
mother have died before him); and the total wealth (including cash, property,
etc.) left behind by the deceased was 100,000.00……in such a situation the
shares of each surviving legal heir 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
