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.

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870 comments

  1. Janab As salaam walai kum.
    Wud like to know how and who will be the legal heirs of the property of my marhoom father.
    My father married a widow with 4 children .through my father we are 2 children 1 son and 1 daughter.Now my mother wants to distribute share of property to all of them ( earlier marriage 4 children and we 2 brother and sister.kindly give your valued opinion under sharia law.
    Are my step brother/sister entitled in my fathers property.
    My father had made nominee to my mother .Now my mother insist that she will give it to all.Its my sincere request to throw some light on the abovevsubject Asap.
    Dua ki darkhast.

    • Response to who shuaib wrote on Mar 2, 2014

      WIFE = 1/8 share [balance = 7/8 share)

      4 Children of wife from her previous marriage = No Shares

      SON (you) = 2/3 of 7/8 = 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)

      The step children of your Father are NOT entitled to any inheritance. However, if the legal heirs wish to give them something from their own shares then it is entirely up to them to do so voluntarily only. It is not compulsory. The step children will inherit from their biological Mother after her death.

      Allah Knows Best!

  2. Dear Sir, with reference to my question dated-28-02-14,the fectual posistion of family is being explaind as under.

    AMOUNT OF WELTH:- 10 million (Rs.10,000,000.00)

    My deceased Brother has no children.When he died,he leaves:-

    1- Wife,  Share     Amount

    2- Adopted Daughter-1. share     Amount

    3,Brother passed away aftrer the the death of my deceased brother.Detail of his family is as under:-

    Son's-2     Share of each         Amount

    Daughter's-3     share of each     Amount

    4- Brother Alive (Me). share      Amount

    5.Sister"s- 2  deceased died before( one sister having $ son's alive) 2nd sister having(4 son's &2    daughter's alive)    share      Amount

    6- Sister's -2 Alive of each    Amount of each.

    Pleas give your division based on sharia.

    I would appreciate your reply in advance.

    Sincerely,

    Muhammad Aslam Mughal Langriali Sialkot. Cell 03227392950

    5.

     

    • Response to Muhammad Aslam Mughal who wrote on Mar 1 2014

      1. WIFE = 1/4 share = 2,500,000

      [Balance = 3/4 share]

      2. ADOPTED DAUGHTER = No Share

      3. 2 BROTHERS = 2/3 of 3/4 = 1/2 share (each Brother gets 1/4 share = 2,500,000)

      4. 2 SISTERS who died before the deceased = No Shares

      5. 2 LIVING SISTERS = 1/3 of 3/4 = 1/4 share (each Sister gets 1/8 share = 1,250,000)

      Total = 1/4 + 1/2 + 1/4 = 1 (whole) = 2,500,000 + 2,500,000 +2,500,000 + 1,250,000 + 1,250,000 = 10,000,000

      The children of the deceased Brother will inherit his share (if he has no wife living at the time of his death) of 2,500,000, where each son receives 1,250,000.

      The Children of the deceased sisters DO NOT inherit anything.

      It is the responsibility of the living BROTHERS to maintain and support the children of the deceased Sisters as their legal male Mahrams (Guardians).

      The adopted child gets NOTHING as legal adoption is not allowed in Islam. However, those who have inherited their shares from the deceased may discuss and contribute a small part of their shares to this child if they agree. This is VOLUNTARY and not compulsory.

      Allah Knows Best! 

  3. Dear Sir,Assalam-o-Allaikum.

    My brother passed away,No Children, One wido(wife),one adopted daughter, TWO(2) Brothers One Brother was alive died after the death of my said brother.4(Four) sisters,Two sisters died before death and (2)Two sisters are alive.

    Value of total propirty is 10 million-One crore-Rs,10,000,000.00

    We want to know the atual distribution of Rs,one crore ,share of leagle hires according to Muslim Law & sharia.

    1-Wife of deceased ( My Brother) = %age. Amount.

    2.Share of Brother died after the death of my said brother- %age,  Amount.

    3-Share of Me,as a Brother of deceased- % age.   Amount.

    4-Share of Adopeted Daughter- % age.  Amount.

    5- Share of two sisters died before the death. %age-   Amount.

    6.Share of two (2) sister's alive- %age-   Amount.

    Eagerly awaiting for your guidence.

    Muhammad Aslam Mughal, LANGRIALI SIALKOT. Cell 03227392950

  4. salam, thank u for replying my answer. but one of my query still left that how much share should widow of my paternal uncle get from my grandfather's property.my grandfather has 2 sons and 5 daughters. she will get that much share  like my father. my doesnt have child.

  5. Asalamu Alaikum,

    Father passed away. Leaves wife, mother ( grandmother ), 4 sons and 2 daughters. Please explain how to distribute. May Allah reward you.

    Tawfiq

  6.  

    Asalamu Alaikum,

    Father passed away. Leaves wife, mother ( grandmother ), 4 sons and 2 daughters. Please explain how to distribute. May Allah reward you.

    Tawfiq

    • Response to Tawfi who wrote on Feb 23 2014

      WIFE (of deceased) = 1/8 share

      MOTHER (of deceased) = 1/6 share

      Total = 1/8 + 1/6 = 7/24, Remainder = 17/24

      4 SONS = 4/5 of 17/24 = 17/30 share (each son gets 17/120 share)

      2 DAUGHTERS = 1/5 of 17/24 = 17/120 (each daughter gets 17/240 share)

      TOTAL = 1/8 + 1/6 + 17/30 + 17/120 = 120/120 = 1 (whole)

      Allah Knows Best!

  7. Assalamu Alaikum Warahmathullahi Wabarakathuhu…

    dear sir, my father passed away 3 years ago & since more than 10 years he has been telling us (we are 2 sons & 1 daughter) which of his property is for each one of us; in the presents of my mother. he has spoken  to his brother (my uncle) about some of these things too. when he went for Haj in 2000; he wrote a last will but now the laywer says, he can't find it…

    Now these properties are not legaly divided ( by deeds) & my mother wants divide it according to what Father keept saying..

    So do we devide all property as my deceased fathers wish (waht he said in words) OR do we have to devide by the Sharia law…??

    There are 4 properties to be devided; should we calculate all the value & devide it OR each property has to be devided  seperately between us…??

    • Response to Mohammed Shaznim who wrote on Feb 23, 2014

      The best action to take is to divide the property according to the Islamic Law of Inheritance in the absence of a legal document attested by witnesses to prove that your father wished to divide it in a particular way.

      Furthermore, wills are not allowed for those family members who will automatically inherit according to Islamic Law,. They are only permissible, up to a maximum value of 1/3 to those who are NOT legal inheitors.

      Allah Knows Best!

  8. DEAR SIR

    ASAK.

    MY MATERNAL GRAND FATHER LEFT PROPERTY IN MY MOTHERS NAME WHICH WAS SOLD ( FOR RS.10 LACS) AND REINVESTED BY ADDING 1/2 OF THE TOTAL SOLD AOUMT FROM OUTSIDE PERSON (RS.5 LACS) AND PROPERTY OF 15 LACS WAS PURCHASED. 

    ADVICE NO.1

    SHOUILD 1/3 OF THE SALE PROCEEDS TO BE GIVEN TO THE OUTSIDE PERSON IF THE PROPERTY IS SOLD TODAY?

    NEXT ADVICE

    MY FATHER WAS MARRIED TO MY MOTHERS SISTER AND AFTER HER DEATH HE MARRIED MY MOTHER. MY FATHER IS NO MORE. MY MOTHER IS ALIVE. A TOTAL OF 10 CHILDREN OF MY FATHER FROM BOTH WIVES ARE AS UNDER: THE PROPERTY WAS NOT OWNED BY MY FATHER BUT WAS PURCHASED BY MY MATERNAL GRAND FATHER WHO HAD ONLY TWO DAUGHTERS AND BOTH WERE MARRIED TO MY FATHER.

    1. MATERNAL GRAND FATHER NOT ALIVE HAD ONLY TWO DAUGHTERS

    2. MY FATHER NOT ALIVE BUT HAVE CHILDREN FROM TWO WIVES WHO ARE SISTERS..

    3. FATHERS FIRST WIFE (ELDER SISTER OF MY MOTHE) NOT ALIVE BUT HAS CHILDREN.

    4. MY MOTHER IS ALIVE AND HAVE CHILDREN.

    5. MY ELDEST HALF-SISTER DIED AS A CHILD AND WAS NOT MARRIED

    6. MY SECOND HALF-SISTER DIED AND HAS LIVING HUSBAND AND CHILDREN

    7. MY THIRD HALF-SISTER IS ALIVE AND HAVE CHILDREN 

    8. MY ELDER HALF-BROTHER IS ALIVE AND HAVE CHILDREN

    9. MY ELDER BROTHER IS NOT ALIVE AND HAS CHILDREN AND WIFE

    10. MY ELDEST SISTER IS ALIVE AND HAS HUSBAND AND CHILDREN

    11. MY SECOND ELDER SISTER IS ALIVE AND HAVE CHILDREN BUT HUSBAND DIED.

    12. I AM THE SECOND BORTHER HAVE WIFE AND CHILDREN

    13. MY YOUNGER BROTHER IS ALIVE AND HAS WIFE AND CHILDREN

    14. MY YOUNGEST SISTER DIED AND WAS NOT MARRIED.

    ADVICE NO.2

    WHAT IS THE SHARE OF PROPERT FOR MY MOTHER AND HALF-BOTHERS / HALF-SISTERS AND THE BROTHERS AND SISTERS (MY MOTHERS CHILDREN) IF THE PROPERTY IS SOLD TODAY AND SALE PROCEEDS ARE TO DISTRIBUTED AS PER THE SHARIA LAW?

    THANKING YOU

    AWAITING FOR YOUR REPLY

    ALLAH HAFIZ

    SZ HUSSAINI

     

    • Response to SZ HUSSAINI who wrote on Feb 23 2014

      1. If the outside person gave the money of Rs 5 Lacs as a loand to be repaid back ony then he is only entitled to his Rs 5 Lacs. If he gave the Rs 5 lacs as an investment to buy the property, then he is entitled to 1/3 of its present value as he becomes a shareholder of the property. Everyuthing depends on how the tansaction was agreed when the property was purchased.

      2. What is important to remember in such a complex situation is the order of death of the family members since inhertance is totally based on death and the remaining living heirs. So, if we assume that the Grandfather died first, leaving behind his 2 DAUGHTERS, then the two Daughters will inherit 2/3 of the whole property.

      On the death of your FATHER's FIRST Wife (Your Step Mother), your Father would be entitled to 1/4 of her property/wealth, and the remainder will go to HER children.

      On the death of your FATHER, your Mother will inherit 1/8 share and the remainder will be distributed to all HIS children from BOTH WIVES, where each son receives twice the share of each daughter.

      Now the inheritance of the children of all the siblings depends on the order in which they died and who was left behind after each ones death.

      Anyone who had a living son, at the time of his death would bequeath his/her inheritanc e to the living spouse and the children (and the Mother if she was living at that time)

      It is only when there is NO living Father OR Son that brothers and sisters are entitkled to receive inheritance shares.

      Allah Knows Best!

  9. Dear Sir, Assalam O Allaikum .
    Your highly valued comandment is required on the following specific case.
    A lady dies leaving behind, a husband, 2 daughters, 1 brother & 2 sisters and 1 paternal uncle. What would be the course of inheritance.

    Your very kind authority would be a source of illumination for a Muslim family in Pakistan.

    • Response to Kamran who wrote on Feb 23 2014

      HUSBAND = 1/4 share

      2 DAUGHTERS = 2/3 share

      Total = 1/4 + 2/3 = 11/12

      Remainder = 1/12

      BROTHER = 1/2 of 1/12 = 1/24 share

      2 SISTERS = 1/2 of 1/12 = 1/24 share (each Sister receives 1/48 share)

      Total = 1/4 + 2/3 + 1/24 + 1/24 = 24/24 = 1 (whole)

      The Paternal Uncle DOES NOT get any share in the presence of the living BROTHER

      Allah Kows Best!

  10. assalamoalikum

    my question is dat my grandfather left house.he has 2 sons and 1daughter from first wife.and 2sons and 5 daughters from second wife. as after my grandfather death first wife,s sons sold less 35% of house part and use dat amount for their personal need.now they are dead.

    one of second wife,s son is dead but his widow is there with no child.2nd son is alive with wife n 3 daughters .my grandmother is also not alive.

    according to shariah how property value will be distributed among them.

    • Response to shamim who wrote on Feb 22 2014

      Assuming that BOTH your grand fathers wives were living at the time of hid dfeath the distribution of all his property/wealth should be as follows:-

      WIFE 1 = 1/16 share

      WIFE 2 = 1/16 share

      Remainder = 7/8

      4 SONS (from BOTH wives) = 8/14 of 7/8 = 56/112 = 1/2 (each son gets 1/8 share)

      6 DAUGHTERS (from BOTH wives) = 6/14 of 7/8 = 42/112 = 21/56 = 3/8 (each daughter gets 1/16 share)

      Total = 1/16 + 1/16 + 1/2 + 3/8 = 16/16 = 1 (whole)

      Since the two sons from youyr Grand Father's first wife have already taken 35% (35/100 = 7/20 share) of the property from your Grandfather's wealth when they are only entitled to 1/4 = 5/20, they have actually taken 2/20 = 1/10 more than their actual share. This means they have to return 1/5 each back to the rest of the brothers and sisters.

      If they cannot do so then you have no option but to divide the remainder of the prooerty between the remaining sons and daughters.
      Allah Knows Best!

       

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