Home / Islam / Islam Q & A / Inheritance / Inheritance According To Islamic Sharia Law – by Fazli Sameer

Inheritance According To Islamic Sharia Law – by Fazli Sameer

When a believer dies it becomes incumbent on the family members to ensure that the wealth and property left behind are distributed according to Shariah Law prescribed in the Qur’an and Authentic Sunnah. After meeting the initial expenses incurred in giving the deceased an Islamic burial, and, after paying all of his debts and the “mahar” (dowry) that may still be due, to his wife, up to one-third of the remaining may be expended according to the deceased dying wishes or legal will that is left behind, for those who are NOT entitled by Shariah only.

The remainder must be distributed to all the legal heirs as defined by Qur’an and Authentic Sunnah as detailed hereunder.

Zakat payments, if any, that are due by the deceased must be paid even before the settlements of the debts and even before the burial expenses are utilized from the property of the deceased.

Ten groups amongst Male Heirs are entitled as follows:

  1. son;
  2. son’s son
  3. father;
  4. father’s father;
  5. brother;*

– half brother*

– step brother*

  1. brother’s son;

half brother’s son;

  1. father’s brother;

father’s half – brother;

  1. son of father’s brother;

son of father’s half – brother;

  1. husband
  2. The freed male slave.

*(children of one father and one mother are referred to as brothers/sisters)

*(children of a father through different mothers as half – brothers/ half – sisters)

*(children of a mother and through different fathers as step –brother / step – sister)

Seven groups amongst Female Heirs are entitled as follows:

  1. daughter
  2. son’s daughter;
  3. mother;
  4. grandmother;
  1. sister;
  2. wife
  3. freed slave – girl

If none of the seventeen groups of people mentioned above is alive his wealth wil be distributed among his Arham, i.e., non- inheriting relations.

Eleven groups of Heirs come under the class of Arham:

  1. children of daughter;
  2. children of sister;
  3. brother’s daughter;
  4. daughter of father’s younger or elder brother;
  5. father’s step brother;
  6. maternal uncle;
  1. mother’s sister;
  2. father’s sister;
  3. mother’s father;
  4. mother’s father’s mother;
  5. children of mother’s sister.

There are six fractions of shares mentioned in the Quran: viz;

2/3, 1/2, 1/4, 1/8, 1/3, 1/6.

The 2/3 share is

  1. for two or more daughters;
  2. for two or more son’s daughters;
  3. for two or more sisters;
  4. for two or more half- sister;

The 1/3 share is

  1. for two or more of mother’s children;
  2. for the mother in the absence of child, or son’s child or two or more brothers or sisters;
  3. some times for the grand father when there are brothers and sisters,

The 1/2 share is

  1. For one of the four sets of females mentioned above when she is alone.
  2. for the husband when his wife leaves no issue.

The 1/4 share is

  1. for the husband when the wife leaves children;
  2. for the wife when the husband leaves no children

The 1/8 share is

  1. for the wife when her husband leaves children

The 1/6 share is

  1. for the father when the deceased leaves children;
  2. for the grandfather;
  3. for the mother when the deceased leaves children or two or more brothers and sisters;
  4. for the grandmother when the deceased leaves children or two or more brothers and sisters;
  5. for the son’s daughter when the deceased has one daughter;
  6. for one or more half – sisters when there is a sister
  7. for two or mother’s children;

When a father and spouse are alive, after assigning the respective shares due to them, One Third of the Remainder will be assigned to the mother.

The portion assigned to the wife has to be shared equally by two or three of four wives.

Disentitlement of inheritance

Those who are closet in relation ship to the deceased will disentitle others who are distantly related.

  1. The son disentitles the son’s children
  2. The father disentitles the grand father;
  3. The mother disentitles her mother;
  4. A father and mother disentitle the father’s mother
  5. The father and/or the son disentitled the brother
  6. These three (father, son, brother) disentitle the half brother
  7. The father, grandfather, and children disentitle the step – brother.
  8. The father, the grandfather, the son, the son’s son, the brother, the half- brother, disentitle the brother’s son.
  9. The above seven persons disentitle the son of the half- brother
  10. The above eight persons disentitle the brother of the father.
  11. The above nine persons disentitle the half- brother of the father
  12. The above ten persons disentitle the son of a half-brother of the father.

An ‘Asaba*, i.e an agnate, gets into possession of that portion of a deceased’s wealth that is left over after the appropriate shares have been paid. He gets possession of the entire wealth when there are no others entitled to the deceased’s wealth.

An ‘Asaba is a son, son’s son, father, father’s father, brother, half brother, their sons, a brother of the father or his sons.

Next to an Asaba as inheritor is the male freed slave and the male issue of his Asaba.

If there are males as well as females among those that cannot disentitle each other, the males will get two shares each while the females get one share each. *Asaba – male relation on the paternal side.

There are four means of inheritance

  1. Inheritance by lineage
  2. inheritance by marriage ties
  3. inheritance by a slave obtaining freedom
  4. Inheritance by a public body or establishment like the Baitul Mal or Treasury.

There are four means by which inheritance may be lost.

  1. The inheritor having any connection (even indirectly) with the cause of the death of the person whose heir he is
  2. his becoming a Kafir
  3. his becoming a slave
  4. Uncertainty as to who died earlier.

A son’s son is like son, but he will not get the ratio of 2:1 with the daughter (of the deceased) .

A mother’s mother and a father’s mother are like a mother, but they will have no claim to one third of the wealth. The share of these two will always be one sixth.

A father’s father is like a father, but he will not disentitle the brothers. He will get his share together with the brothers.

A son’s daughter is like a daughter, but she will be disentitled by the son.

A half- brother is like a bother but he will not get the ratio of 2:1 with a sister.

Al-QURAN – CHAPTER 4 – Al-Nissa – Verses 11,12 & 176

4:11   Allah commands you as regards your children (inheritance),

To the MALE, a portion equal to that of TWO FEMALES;

If (there are) only DAUGHTERS, two or more, their share is TWO-THIRDS of the inheritance;

If only one, her share is HALF.

For PARENTS, a SIXTH share of 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 he may have bequeathed or debts. You know not which of them, whether your parents or your children are nearest to you in benefit. (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise.

4:12   In that which your WIVES leave, your share is a HALF if they have NO CHILD;

But if they leave a CHILD you get a FOURTH of that which they leave after payment of legacies that they may have bequeathed or debts.

In that which YOU leave, their (YOUR WIVES) share is a FOURTH if you have NO CHILD;

But if you leave a CHILD they get an EIGHTH of that which you leave after payment of legacies that you may have bequeathed or debts.

If the MAN or WOMAN whose inheritance is in question has left NEITHER ASCENDANTS NOR DESCENDANTS (Al-Khalala), 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 he (or she) may have bequeathed or debts, so that no loss is caused (to anyone).

THIS IS A COMMANDMENT FROM ALLAH; And Allah is Ever All-Knowing, Most-Forebearing.

4:176 They ask you for a legal verdict, Say, “Allah directs (thus) about Al-Khalala (those who leave neither ascendants nor descendants as heirs).

If it is a MAN that dies, leaving A SISTER but NO CHILD, SHE shall have HALF the inheritance.

If (such a deceased was) a woman, who left NO CHILD, her BROTHER takes her INHERITANCE.

If there are TWO SISTERS, they shall have TWO-THIRDS of the inheritance;

If there are BROTHERS and SISTERS, the male will have TWICE the share of the female.

(Thus) does Allah make clear to you (His Law) lest you go astray. And Allah is the All-Knower of everything.

Note: 4:12 refers to UTERINE (same mother, diff father) siblings while 4:176 refers to FULL (same father and mother) or CONSANGUINE (same father diff mother)  siblings

LEVEL I – PRIMARY (Immediate) HEIRS

The primary (or immediate) heirs classified as Level I are:-

1.         The SPOUSE (Husband or a maximum of four Wives)

2.         The CHILDREN (Sons and Daughters)

3.         The PARENTS (Father & Mother)

4.         The GRANDCHILDREN (Sons’s SON or Son’s DAUGHTER only)

(applicable only when the SON is already deceased only and has offspring)

LEVEL II – SECONDARY HEIRS

The secondary heirs classified as Level II are:-

1.         The GRANDPARENTS (Paternal and Maternal)

2.         The BROTHERS and/or SISTERS (In the absence of Father and Son ONLY)

3.         The UNCLES and/or AUNTS (In the absence of Grandparents ONLY)

4.         The NEPHEWS and/or NIECES (In the absence of Brothers and Sisters ONLY)

Note: It is not practical to go beyond Grandparents as the chances of Greatgrandparents surviving before you is not very high. However, the logic is that in the absence of a particular heir, the next level becomes eligible for inheritance. Eg; IF the Grandparents are dead THEN the Great Grandparents are entitled (if living only) and so on. It is better, for practicality and convenience to limit the inheritance level up to The GrandParents and the Grandchildren. If we attempt to go beyond these levels there will be no limit to the program logic validation.

Under Islamic Law, the primary beneficiaries of a deceased person are his/her IMMEDIATE (Level I) Heirs. ie; Spouse(s), Children, Parents and Grandchildren (if children are deceased only). The Grandchildren that are entitled are only the Son’s Son or the Son’s Daughter. Daughters children are not entitled even if the Daughter is deceased.

In the absence of some or all of these heirs the secondary beneficiaries (Level II) become Heirs under various conditions. In the absence of a particular Heir (eg; Uncle) if and when he/she is entitled the children of that Heir become eligible.

LEVEL I – Inheritance Logic:

1.         SHARE OF HUSBAND

IF NO ENTITLED DESCENDANTS EXIST (ie; Children/Grandchildren)

THEN

HUSBAND = 1/2

IF ENTITLED DESCENDANTS EXIST (ie; Children/Grandchildren)

THEN

HUSBAND = 1/4

Note: ENTITLED DESCENDANTS = Sons, Daughters, Son’s Son, & Son’s Daughter. Daughter’s children are NOT treated as entitled descendants.

2.         SHARE OF WIFE

IF NO ENTITLED DESCENDANTS EXIST (ie; Children/Grandchildren)

THEN

WIFE = 1/4

IF ENTITLED DESCENDANTS EXIST (ie; Children/Grandchildren)

THEN

WIFE = 1/8

Note: ENTITLED DESCENDANTS = Sons, Daughters, Son’s Son, & Son’s Daughter. Daughter’s children are NOT treated as entitled descendants.

3.         SHARE OF DAUGHTER’(s)

IF ONLY ONE DAUGHTER (and NO Sons)

THEN

DAUGHTER = 1/2

IF TWO OR MORE DAUGHTERS ONLY (and NO Sons)

THEN

DAUGHTERS = 2/3

(to be shared equally between all of them)

IF both SON’s & DAUGHTERS EXIST,

THEN

SON:DAUGHTER = 2:1

4.         SHARE OF FATHER

IF ENTITLED DESCENDANTS EXIST

(Sons, Daughters, Son’s Sons, Son’s Daughters)

THEN

FATHER = 1/6

IF NO MALE DESCENDANTS EXIST (Sons, Son’s Sons)

THEN

FATHER = 1/6  plus Residue

(residue = remainder after all legal shares are distributed)

IF NO ENTITLED DESCENDANTS EXIST

THEN

FATHER = Residue

5.         SHARE OF MOTHER

IF ENTITLED DESCENDANTS or BROTHERS/SISTERS EXIST

THEN

MOTHER = 1/6

IF NO ENTITLED DESCENDANTS EXIST

THEN

IF  NO  BROTHERS/SISTERS, NO FATHER, NO SPOUSE EXIST

THEN

MOTHER = 1/3

IF  BROTHERS/SISTERS, FATHER, or SPOUSE EXIST

THEN

MOTHER = 1/3 of Residue

6.         UTERINE BROTHER/SISTER ( from same Mother, different father)

IF ONE UTERINE BROTHER/SISTER EXIST

THEN

IF NO ENTITLED DESCENDANTS and NO MALE ASCENDANTS

(Father/Father’s Father etc)

THEN

UTERINE BROTHER = 1/6 or UTERINE SISTER  = 1/6

IF TWO OR MORE UTERINE BROTHERS/SISTERS EXIST

THEN

IF NO ENTITLED DESCENDANTS .AND.NO MALE ASCENDANTS

(Father/Father’s Father etc.)

THEN

ALL UTERINE BROTHERS & SISTERS = 1/3

Note: If there are UTERINE Brothers/Sisters IN ADDITION to FULL Brothers/Sisters (same father/mother), then they share in the residue.

7.         SHARE OF SON’S DAUGHTER

IF ONE SON’S DAUGHTER EXIST

THEN

IF NO DAUGHTERS EXIST

THEN

IF NO SON’S SON EXIST

THEN

SON’S DAUGHTER = 1/2

IF SON’S SON EXIST

THEN

SON’S DAUGHTER = HALF SHARE OF SON’S SON

(ie Son’s SON share: Son’s DAUGHTER share = 2:1)

IF TWO OR MORE SON’S DAUGHTERS EXIST

THEN

IF NO DAUGHTERS EXIST

THEN

IF NO SON’S SONs EXIST

THEN

SON’S DAUGHTERS = 2/3 (equally between them)

IF SON’s SON EXISTS

THEN

SON’S DAUGHTER = HALF SHARE OF SON’S SON

(ie Son’s SON share: Son’s DAUGHTER share = 2:1)

8.         SHARE OF FULL BROTHER/SISTER

(Full Brother/Sisters are brothers/sisters from the same FATHER & MOTHER)

Brothers & Sisters inherit ONLY when there are NO Descendants (Son/Sons, Son’s son

etc.) and NO Ascendants (Father/Grandfather etc.)

The arabic word “AL-KHALALA” is used in the Quran, Chapter 4 – Al-Nisa, Verses 12 & 176,            which is translated by almost all the translators of the Quran to mean “Ascendants &       Descendants” thus giving rise to the interpretation that they include “Parents and Children”. However, many scholars have preferred to classify the word as meaning “Father or Son” thus             excluding the female components of both Ascendants and Descendants (mother & daughters).

IF NO FULL BROTHER and NO FEMALE ENTITLED DESCENDANT EXIST

(daughter, Son’s daughter etc.)

THEN

IF deceased was MALE,

THEN

FULL SISTER = 1/2 (if only ONE)

IF NO FULL SISTER and NO FEMALE ENTITLED DESCENDANT EXIST

THEN

IF deceased was FEMALE,

THEN

FULL BROTHER = 1 (if only ONE)

IF TWO OR MORE BROTHERS & SISTERS

THEN

FULL SISTERs = 2/3 (shared equally between them)

FULL BROTHER’s & SISTER’s (combination) = 2:1

IF NO FULL BROTHER EXIST but FEMALE ENTITLED DESCENDANT EXIST

(daughter, Son’s daughter etc.)

THEN

FULL SISTER = 1/6 (if only one)

IF NO FULL SISTER EXIST but FEMALE ENTITLED DESCENDANT EXIST

THEN

FULL BROTHER = 1/6 (if only one)

IF FEMALE ENTITLED DESCENDANT EXIST

THEN

FULL SISTERS & BROTHERS = 1/3 (share equally)

9.         CONSANGUINE SISTER (Sister from same Father but different Mother)

Consanguine Sisters inherit ONLY when there are NO SON’s or Son’s SON(s) AND NO FATHER AND NO FULL BROTHER.

IF ONLY ONE FULL SISTER AND NO CONSANGUINE BROTHER

THEN

CONSANGUINE SISTER (if only one) = 1/2

CONSANGUINE SISTER(s) (if two or more) = 2/3

IF ONE FULL SISTER AND CONSANGUINE BROTHER(s)

THEN

(CONSANGUINE) BROTHER:SISTER = 2:1

10.       TRUE GRANDMOTHER

True Grandmother is defined as the one whose line of connection with the deceased is NOT interrupted by a MALE between two FEMALES. They are entitled ONLY if the FATHER or MOTHER do not exist.

Eg;       Mother’s MOTHER, Father’s MOTHER

Father’s Father’s MOTHER, Mother’s Mother’s MOTHER

TRUE GRANDMOTHER = 1/6

11.       TRUE GRANDFATHER

True Grandfather is the one whose line of connection with the deceased is NOT interrupted by a FEMALE between two MALES. They are entitled ONLY if the Father or Mother do not exist.

Eg;       Father’s FATHER

Father’s Father’s FATHER

Mother’s FATHER

Mother’s Father’s FATHER

TRUE GRANDFATHER = 1/6 IF MALE DESCENDANTS EXIST (Son, etc)

TRUE GRANDFATHER = 1/6 + Residue IF FEMALE descendants exist

TRUE GRANDFATHER = Residue IF NO Male/Female descendants exist

12.       UNCLES & AUNTS (Father’s/Mother’s Brothers & Sisters)

Uncles and Aunts are ONLY entitled in the absence of GRANDPARENTS. This means that they will receive shares ONLY if there are NO Parents AND Grandparents because Grandparents do not inherit when the Parents are living. They will also NOT inherit if the children (or children’s children) of the deceased are living. Proportions here are also in the ratio of 2:1 for Male:Female.

13.       NEPHEWS & NIECES (Children of Brothers/Sisters)

Nephews and Nieces are ONLY entitled in the absence of Brothers and Sisters. This means that they take the shares of the Brothers/Sisters of the deceased in their absence. Hence a Nepew/Niece will receive what his/her parent (Brother/Siuster of the deceased) would have received if he/she was alive. They will also NOT inherit if the children (or children’s children) of the deceased are living. Proportions here are also 2:1 for Male:Female.

Check Also

Spain’s Moriscos: a 400 year old Muslim tragedy is a story for today

Matthew Carr, the author of Blood and Faith, explains how the plight of the Moriscos, …

866 comments

  1. Assalamualaikum,

    Plaese advice on the following.

    There were 5 sisters and 2 brothers for the deceased woman who had the property. one of her brothers passed away before she passed away. that means one of her brother predeceased her. has the daughter of the predeceased brother got any entitlement to the property of the deceased woman? 

    Jazakallah Khairan 

  2. Assalamu alaikum,

    My mama , maternal uncle, passed away some years ago. He had no issues and no wife. He left behind 2 brothers and 5 sisters. His wealth, 1,1000,000, he left with a nefew (A) of his on loan basis. The nefew and his partner split the business latter. The partner has now passed away and his family is willing to pay to the inheritors half the amount of the loan. My other mama has passed away leaving behind 1(A) son and 1 daugter. This nefew (A) is the one who had been given the loan, but still holding onto the money. Please advise as how to share the amount, which is to be received from the partners family.

    The partner's family is saying that they will pay in peacemeal. My mum expexts to get amount of 150,000 of the 550,000. Can she keep for her self her full share from 550,000 and then give out the balance to whom she feels to give from the inheritors.

    Can the amount due to nefew (A) from the partners family be offset against what is due from him. So that no amount is paid to him from the 550,000.

    • Response to Siraj who wrote on Apr 7 2016 

      The 11,000,000 left behind by your materna uncle has to be first divided between all his siblings who were living at the time of his death as follows:-

      Brother 1 = 2,444,444.44

      Brother 2 = 2,444,444.44

      Sister 1 = 1,222,222.22

      Sister 2 = 1,222,222.22

      Sister 3 = 1,222,222.22

      Sister 4 = 1,222,222.22

      Sister 5 = 1,222,222.22

      Total = 10,999,999.98 (cos of rounding off)

      Each of these amounts is then divided to the families of each sibling they leave behind after their death.

      Allah Knows Best!

       

    • Asalam alikum:

      please guide me in the property distributin as per the shiriah law:

      I have 2 brothers (including me 3, two are married and one brother has 2 daughters while the other has none) 2 sisters  (one is married having two sons and other is not married).

      2 step brothers (one is married and having 2 sons and 3 daughters  the other ias not married )

      Father is alive  my mother is alive and the mother of step brothers is dead -15 years ago.grand mother is also alive

      all brothers and sisters (real and step) are alive.

      what will be the proportion of share. 

      • Response to Asfandyar who wrote on Apr 26 2016

        You have to state who is the deceased for me to able to tell you the inheritance distribution shares of the remaining heirs

         

  3. Mohammad Shah Alam Chowdhury

    As-salaamu ‘Alaykum wa Rahmatullaahi wa Barakaatuhu

    Halima's first brother Karim(died) have one son and one daughter, second brother Rahim(died)have one son and one daughter, third brother Jamal(died) three sons and three daughters.
    please calculate Late Halima's assets for her nephews and nices

    • Response to Mohammad Shah Alam Chowdhury who wrote on Mar 11 2016

      If Halima has no living parents and no living hisband at the time of her death then her property will be divided to the children of her deceased brothers as follows:-

      5 Nephews: = 2/3 share (Each nephew gets 2/15 share)

      5 Nieces = 1/3 share (Each Niece gets 1/15 share)

      Allah Knows Best!

       

  4. Assalam akaylum 
    I have  very puzzling questions but I am hoping you 'd able to help me with them .  I was trying to find information on the sharia law on  inheritance and legal distrubition .. It was my fiance s final gift from his father and felt that it was taken away from him before the reading of the will .  
    My fiance's father had passed away roughly 25 years ago . His father had bequeathed the family land of 2100 square meters  to him and his brother  as stated in the will. . I was told that the sisters do not  inherit the lands but recieved other gifts .. 
    That is just a basis of the story 
    He tells me that his uncle had taken the land but refuse  to give  them  their land . The uncle claims that the will is not geninue and he felt that his is entitled to the land . It is my understanding that the land was orginally registered in his father's name before he passed away   The uncle also had given the land to children in his family.My fiance felt that he is being cheated out and the land should not be given to the cousins    I am trying  to understand how it worked if one takes the land that is not beqeathed to and been fighting for it nearly 25 years . If the father had writen a  will stating the land to be given to the  two sons . My questions about who is the rightful owners…  If one writes the will and being bequeathed to the person that the deceased had wished to given to . The uncle feels that the land is rightfully his but the will states otherwise. Is the uncle in the right or the sons are. I feel that if a person wrote a will stating that what is given to should be respected  not taken from. My fiance stil have the father's will but the uncle refuses to accept or respect the wishes of this will . 
    Thank you and your help would be much appreciated. 
     

    • Response to Eisha who wrote on Mar 7 2016

      What matters is who owned the land/property/wealth at their time of death.

      If your Father owned it 100% then you and your siblings and your Mother are emtitled to inherit.

      The Will under Islamic Shariah Law is ONLY allowd to be written to benefit those who are NOT already prescribed in the Qur'an, like the spouse, children, parents etc. and hence is not valid from an Islamic point of view.

      However, many democratic nations, Islamic and Non islamic, allow the Will to override the Shariah.

      You have to obtain redress from the court in your country using legal means to prove the will and make sure it is enacted correctly.

      Allah Knows Best!

       

       

  5. Assalamu Alaikum,

    We are a family of four consists of mother, father, myself and younger sister. My father inherited the property from grandmother's name after her death. Now my father's owns it under his name. If we do property share for the same what could be the share of My mother, My Father, My sister and Myself?

    Regards

    Syed

    • Syed wrote on Mar 2 2016

      We are a family of four consists of mother, father, myself and younger sister. My father inherited the property from grandmother's name after her death. Now my father's owns it under his name. If we do property share for the same what could be the share of My mother, My Father, My sister and Myself?

      RESPONSE:

      Only once your father dies, then the property that is in his name will be shared by the rest of the family as follows:-

      WIFE (your Mother) = 1/8 share
      SON (you) = 2/3 of 7/8 = 14/24 = 7/12 share
      DAUGHTER (your sister) = 1/3 of 7/8 = 7/24 share

      TOTAL = 1/8 + 7/12 + 7/24 = 24/24 = 1 (whole share)

      Allah Knows Best!

  6. My grandmother is 70 years old and my grandfather died  year ago. My grandmother has six daughters and no son. She received some money from my grandfather's employer as end of service benefits (one time payment only) which is actually equivalent of a pension that she needs to keep or invest for her livelihood as all daughters are married and have a family of their own. She has no one to take care of her and will have to pay even her own rent. Does she have to distribute this money that she received from the employer amongst her daughters and herself as per Shari'ah? Please advise.

    • Yes, of course, accordig to the Islamic Laws of Inheritance she has to distribute this money to all her children as per their prescribed shares. Once they receive their shares they can then decide whether to give it back to her for her needs or not. In any case, even if she didnt get any monies from her husband, her sons are responsible for her maintenance and sustenance till she dies. Thats an obligation they cannot run away from. Daughters can provide her with assstance if she needs any but the sons are the first line of responders.

      Allah Knows Best!

  7. Assalam Allekum

    I have two half brothers and one half sister who have no share in my verasat (inheritance) since I have a son and daughter. However, can i leave them some part of my inheritance  as gift? JazaAllah

  8. Assalaam Alaikum,

    My Grandfather has property which he wishes to sell and give the share to his childrens and keep himself and my grandmother a part of it and he has 2 sons and 3 daughters. Kinldy advise how it shoud be shared as per the Sharia Law.

    And also advise is it necessary to share when he is alive.

     

    • When a person is living there are no specific shares for distribution of ones property and wealth to the members of the family. However, it is recommended that such distributions be done equally between all.

       

      However, when a person dies the distribution of his property/wealth falls under the Islamic law of Inheritance and has to be distributed accordingly.

       

      In the above case, in the event of the Grandfather passing away first, the distribution will be as follows:-

      WIFE = 1/8 share, Remainder = 7/8 share

      2 SONS = 4/7 of 7/8 = 4/8 = 1/2 share (Each Son gets 1/4 share)

      3 DAUGHTERS = 3/7 of 7/8 = 3/8 share (Each Daughter gets 1/8 share)

      Total = 1/8 + 4/8 + 3/8 = 8/8 = 1 (whole)

      Allah Knows Best!

  9. Assalaam Alaikum,

    My Grandfather has property which he wishes to sell and give the share to his childrens and keep himself and my grandmother a part of it and he has 2 sons and 3 daughters. Kinldy advise how it shoud be shared as per the Sharia Law.

    And also advise is it necessary to share when he is alive 

     

    • When a believer is alive he or she can whatever they please with their property, wealth, and estates. There are no rules to guide how the assets should be distributed. Islamic Inheritance Laws only apply to the wealth and property of a deceased.

      Allah Knows Best!

  10. Question posed on FB on Dec 25 2015 by Sajjad Hussain

    Can a widow inherit from her mother-in-law or father-in-law's property.

    RESPONSE:

    No, she cannot since she is not a biological relative of the deceased. Her children may inherit if there are no living sons of the deceased. She can only then inherit from her children if they predecease her. 

    Allah Knows Best!