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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:
– half brother* – step brother* |
half brother’s son;
father’s half – brother;
son of father’s half – brother;
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*(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:
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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:
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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
- for two or more daughters;
- for two or more son’s daughters;
- for two or more sisters;
- for two or more half- sister;
The 1/3 share is
- for two or more of mother’s children;
- for the mother in the absence of child, or son’s child or two or more brothers or sisters;
- some times for the grand father when there are brothers and sisters,
The 1/2 share is
- For one of the four sets of females mentioned above when she is alone.
- for the husband when his wife leaves no issue.
The 1/4 share is
- for the husband when the wife leaves children;
- for the wife when the husband leaves no children
The 1/8 share is
- for the wife when her husband leaves children
The 1/6 share is
- for the father when the deceased leaves children;
- for the grandfather;
- for the mother when the deceased leaves children or two or more brothers and sisters;
- for the grandmother when the deceased leaves children or two or more brothers and sisters;
- for the son’s daughter when the deceased has one daughter;
- for one or more half – sisters when there is a sister
- 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.
- The son disentitles the son’s children
- The father disentitles the grand father;
- The mother disentitles her mother;
- A father and mother disentitle the father’s mother
- The father and/or the son disentitled the brother
- These three (father, son, brother) disentitle the half brother
- The father, grandfather, and children disentitle the step – brother.
- The father, the grandfather, the son, the son’s son, the brother, the half- brother, disentitle the brother’s son.
- The above seven persons disentitle the son of the half- brother
- The above eight persons disentitle the brother of the father.
- The above nine persons disentitle the half- brother of the father
- 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
- Inheritance by lineage
- inheritance by marriage ties
- inheritance by a slave obtaining freedom
- Inheritance by a public body or establishment like the Baitul Mal or Treasury.
There are four means by which inheritance may be lost.
- The inheritor having any connection (even indirectly) with the cause of the death of the person whose heir he is
- his becoming a Kafir
- his becoming a slave
- 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.
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)
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.
Respected sir, I would like to know about the distribution of the wealth of a deceased person who have his mother and father alive, and five children,3 males and 2 females but his wife already died.and the total amount of his wealth is six milion naira(6000,000).how to divide our property according to shariyath.please reply to my question
Response to Muhammad Sani Abdullahi who wrote on Feb 5 2014
FATHER = 1/6 share
MOTHER = 1/6 share
Total = 1/6 + 1/6 = 1/3, Remainder = 2/3
3 SONS = 6/8 of 2/3 = 1/2 (each SON gets 1/6 share)
2 DAUGHTERS = 2/8 of 2/3 = 1/6 share (each DAUGHTER gets 1/12 share)
TOTAL = 1/6 + 1/6 + 1/2 + 1/6 = 6/6 = 1 (whole share)
Allah Knows Best!
Respected sir,
I have a question, if you could take the time to answer me it will be appreciated..
parents divorced 9 years ago, father has not give any financial support to mother till now. Father is getting re married and has only 2 daughters, no parents.
How will father's assets be divided amongst 2 daughters and second wife according to Islamic Sharia Law(India).
Can first wife(my mother) claim her alimony which was not given to her at all.
Is there a way to prevent second wife from getting share in father's assets so it is only distributed amongst 2 daughters.
Response to Aliyah who wrote on Feb 4 2014
Inheritance is distributed to ALL those eligible heirs of a deceased only.
In this case the divorced wife is NOT eligible. Whatever she had to receive from her ex husband should have been given to her at the time of the divorce based on the common law of the land or the choicde of the ex husband as he may have deemed appropriate. Other than that there is NO provision for her to receive anything after the divorce by Islamic Sharia Law.
The prresent wife and ALL children from BOTH wives are valid heirs and are entitlked to receive their shares as follows:-
Present Legal Wife = 1/8
2 DAUGHTERS = 2/3
Total = 1/8 + 2/3 = 19/25
Remainder of 5/24 will be distributed to ANY SIBLINGS (Brothers/Sisters) or other MALE relatives of deceased (UNCLES, NEPHEWS etc) if they are alive.
Allah Knows Best!
Salamalykum sir.
Thanks for the reply. Sir, but s1 died after GM. I wrote that s1 died on 27 may 1995 and GM died on 17 july 1977. So GM died first leaving behind 6 legal heirs. Four sons and two daughters. So I request u to kindly answer it again. Thanks
Jazak Allah
response to seema who wrote on Feb 3 2014
Sorry, I mistook S1's death as 1975. here is the corrected version of the distribution:-
*****************************************************
1. GM = died July 17, 1977 (4 sons and 2 daughter at the time of her death)
4 SONS of GM = 8/10 share of GM's property/estate (each SON gets 2/10 = 1/5 share) ie B1, B2, B3 & B4
2 DAUGHTERS of GM = 2/10 share of GM's property/wealth (each Daughter, S1 & S2 get 1/10 share)
Total = 8/10 + 2/10 = 10/10 = 1 (whole proiperty/wealth of GM)
******************************************************
2. S1 = died May 27, 1995 (husband alive, 4 daughter and 3 sons at the time of death)
Husband = 1/4 share of S1's property/wealth
4 daughters of S1 = 2/5 of 3/4 = 6/20 = 3/10 share of S1's property/wealth (each daughter gets 3/40 share)
3 sons of S1 = 3/5 of 3/4 = 9/20 share of S1's property/wealth (each son gets 3/20 share)
Total = 1/4 + 3/10 + 9/20 = 20/20 = 1 (whole property/wealth of S1)
******************************************************
3. B3 = died Jan 1, 1998 (wife & 2 sons at the time of death)
WIFE = 1/8 share of B3's property/wealth
2 SONS = 7/8 share of B3's property/wealth (each SON gets 7/16 share)
Total = 1/8 + 7/8 = 8/8 = 1 (whole) property/wealth of B3
Brothers & Sisters of B3 have NO shares from B3's property/wealth because he has living SONS
********************************************************
4. B2 = died Dec 26, 2001 (2 sons at the time of death)
2 SONS = Whole of B2's property/wealth (each son gets 1/2 share)
Total = 1/2 + 1/2 = 2/2 = 1 (whole) property/wealth of B2
Brothers & Sisters of B2 have NO shares from B2's property/wealth because he has living SONS
*******************************************************
5. B1 = Dec 20, 2013 (no wife and no children at time of death)
B4 = 2/3 share of B1's property/wealth
S2 (your Mom) = 1/3 share of B1's property/wealth
Total = 2/3 + 1/3 = 3/3 = 1 (whole) property/wealth of B1
So you see that we have to take each persons death in the time it happened and then distribute their property/wealth/estate to the remaining LIVING heirs ONLY. Then each heir'sproperty will be divided to the remaining heirs when they die, in turn, one by one.
Therefore one has to consider who has died, when they died, and who are alive at the time of each ones death, to be able to dictribute their reespective property/wealth accordingly in conformity to the Islamic Shariah Law of Inheritance.
Allah Knows Best!
Salamalykum sir,
Thanks a lot for ur reply. Now we dont have any doubt and all my family members are satisfied with your detailed answer. Me, my mom and all my family members are very much thankfull to you. May Allah bless you and your family with good health and happiness. Thanks once again.
Jazak Allah.
Alhamdulillah! May Allah Bless you and your Family
Assalamu aly kum,
Sir I am the son of my father who is deceased now from his first wife whom he divorced and then married another woman who was already a divorcee and she has no child either from her first husband and also from my father. My father had done vasectomy prior to his second marriage. Now please tell me sir what is the share of property between me and my step mother. My grand parents are not alive.
1/8 goes to your step mother, the remaining 7/8 will be your share tn the inheritance under Sharia law.
From. Muhammad Hafeez Qureshi, Karachi Pakistan.
Respected Sir, Assalamu-uAlakum.
I seek guidance as per Commandant of Almighty Allah for the distribution of my property ( House and Flat total Rs.4.500.000/-) amongst my one son and one daughter. Wife died. He never care to ask me during my illness.
Son is unfaithful. Residing separately since 1995 and divorced Ist wife without my wish, consent. Incurred expenditure of 2nd marriage . Not helping, but demanding money and share in the property. My younger suggested to give him flat, where he agreed and on deliver of possession by tenant he refused. His monthly income is more than Rs.30,000/- per month. No child. I afraid from Almighty Allah for non compliance of HIS orders. Whatever his attitude I want to give share as per sharia.
I am residing with my daughter and Son-in-law since 1995-96. Two sons aged about 17 and 11 years and two daughters aged about 15 & 13 years. They care to me every time i.e. meal, wash cloth, provide bed and treatment etc.
response to Muhammad Hafeez Qureshi who wrote on Feb 1 2014
There is no way to deny the Commandment of Allah which He Has Stated in His Glorious Qur'an irrespective of your personal feelings, emotions, and status with your immediate family.
In the event of your passing away, then your property/wealth/estate will ALL have to be shared between your SON and DAUGHTER where your SON receives 2/3 and your Daughter receives 1/3.
However, due to the present situation between you and him that you have explained above you are fully entitled to distribute it now, while you are still alive, in any manner you choose and this is allowed in the Shariah.
Yet, you must consider that he is still your son and must be entitled to something from your property/wealth/estate as Allah Has Himself deemed.
So, you may take a decision to distribute your assets to both of them in a manner that you think they both deserve based on how they have behaved and are living their lives today.
Only Allah Knows what is in the hearts of His creation.
THANK AND GOOD BLESS YOU….
Assalamalykum sir,
Thanks for your kind reply. Now I came to know that my mom ll get 1/10 share and my maternal uncles ll get 1/5 share. Sir, as u told me to write the dates of demise of my maternal uncle and aunty. So I am writing in detail below
1) elder brother – 20 dec 2013 (died)
2) second brother – 26 dec 2001 (died)
3) third brother – 1 jan 1998 (died)
4) elder sister – 27 may 1995 (died)
5) forth brother – still alive
6) younger sister – still alive (my mom)
And my grand mother died on 17 july 1977 leaving behind the aforesaid legal heirs. Sir u please kindly explain me how much share my mom and other uncle ll inherit from my deceased uncle share who neither have wife nor have children and we r selling the property in 81,00000/- (81 lakh rupees). So please tell me that much money my mom ll get from my deceased uncle share. It would be very great help for me if u guide me.my moms brother whhodont have wife n children was the elder brother. I met several muslim lawyers but they r unable to guide about islamic inheritance. My mom wanted to get her share according to islamic inheritance so Allah have guided our path and shown U as our guide. Thanks a lot for ur previous replu sir. May Allah give u long life and good health. We are eagerly waiting for ur reply. Please reply soon.
Jazaak Allah
Reply
seema, please see reponse in the thread below
Respected Fazli Sameer Sir,
Thank you for your quick answer and your personal call. we are moved by your selfless & praiseworthy service to the Umma. We pray ALLAH (SWT) to grant you and your dearest famiy long life, happiness and prosparity. May Allah reward you richly both in this world and hereafter for sharing the knowledge. Please include us also in your prayer (Dua). Jazakallah Khair.
Aameen!
May Allah Bless you and your family for the eagerness and thirst to be righteous and conform to His Laws
Respected sir,
Salamalykum.. I have asked some queries with u yesterday and since yesterday I am waiting for your reply. Sir, I want to describe my questions in detail so that it might be easy for u to understand. My mom has 6 siblings.4 brothers and 1 sister.
1) elder brother _died ( no wife no children)
2) second brother_ died(2 sons)
3)third brother_died( wife alive, 2 sons)
4)younger brother (alive)
5) elder sister_ died( husband alive, 4 daughter and 3 sons)
6) younger sister( my mom)
My question to u is, my grandmother had a house on her name and now we all want to sell that house. As one of my uncle( mom`s elder brother) neither have wife nor children. So I wanted to know that how his share ll be divided amoung his brothers and sisters.how much share each heir ll recieve? I ll be very much thankful to u sir if u kindly reply me. May Allah bless u and give u long life. U r doing great job by spreading ur knowledge amoung people who r not aware of islamic inheritance. Hope u ll reply me soon. Thanks. Jazak Allah
Response to seema who posted again on Jan 28 2014
Lets take the situation from the time your Grand Mother died and then distribute her property/wealth to all her family members, step by step as follows:-
1. FIRST SON = 1/5 share
2. SECOND SON = 1/5 share
3. THIRD SON = 1/5 share
4. FOURTH SON = 1/5 share
5. DAUGHTER 1 = 1/10 share
6. DAUGHTER 2 (your Mum) = 1/10 share
Now we need to know the order of death of your Mum's BROTHERS. Who died first and then next, and then next, because the distribution of inheritance depends on the date of death of a person and the family members who are living at that point of time.
Kindly let me know the order of death and we will then discuss the distribution of each childs inheritance share (from their mother, your GrandMother) to each one of their family members.
Allah Knows Best!
Assalamalykum sir,
Thanks for your kind reply. Now I came to know that my mom ll get 1/10 share and my maternal uncles ll get 1/5 share. Sir, as u told me to write the dates of demise of my maternal uncle and aunty. So I am writing in detail below
1) elder brother – 20 dec 2013 (died)
2) second brother – 26 dec 2001 (died)
3) third brother – 1 jan 1998 (died)
4) elder sister – 27 may 1995 (died)
5) forth brother – still alive
6) younger sister – still alive (my mom)
And my grand mother died on 17 july 1977 leaving behind the aforesaid legal heirs. Sir u please kindly explain me how much share my mom and other uncle ll inherit from my deceased uncle share who neither have wife nor have children and we r selling the property in 81,00000/- (81 lakh rupees). So please tell me that much money my mom ll get from my deceased uncle share. It would be very great help for me if u guide me. I met several muslim lawyers but they r unable to guide about islamic inheritance. My mom wanted to get her share according to islamic inheritance so Allah have guided our path and shown U as our guide. Thanks a lot for ur previous replu sir. May Allah give u long life and good health. We are eagerly waiting for ur reply. Please reply soon.
Jazaak Allah
Response to seema who wrote on Jan 29 2014
OK, now its is more clearer to be able to give a definite answer to your question. I will name all the parties concerned as follows to make it easier to refer to them:-
1) Elder Brother – 20 Dec 2013 (died) = B1
2) Second Brother – 26 Dec 2001 (died) = B2
3) Third Brother – 1 Jan 1998 (died) = B3
4) Elder Sister – 27 May 1995 (died) = S1
5) Fourth Brother – still alive= B4
6) Younger Sister – still alive (my mom) = S2
7) Grand Mother – died on 17 July 1977 = GM
First let us take the sequence of deaths in your Mom's family in its calendar order, as follows:-
1. S1 = died May 27, 1995 (husband alive, 4 daughter and 3 sons at the time of death)
Husband = 1/4 share of S1's property/wealth
Mother (GM) = 1/6 share of S1's property/wealth
4 daughters of S1 = 2/5 of 7/12 = 7/30 share of S1's property/wealth (each daughter gets 7/120 share)
3 sons of S1 = 3/5 of 7/12 = 7/20 share of S1's property/wealth (each son gets 7/60 share)
Total = 1/4 + 1/6 + 7/30 + 7/20 = 60/60 = 1 (whole property/wealth of S1)
S1 and her Children will NOT inherit ANYTHING from GM's property/wealth since GM is alive at the time of S1 death.
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2. GM = died July 17, 1977 (4 sons and 1 daughter at the time of death, as her eldest daughter died before her, while she was alive)
4 SONS of GM = 8/9 share of GM's property/estate (each SON gets 2/9 share) ie B1, B2, B3 & B4
1 DAUGHTERS of GM = 1/9 share of GM's property/wealth ie S2 (your MOM)
Total = 8/9 + 1/9 = 9/9 = 1 (whole proiperty/wealth of GM)
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3. B3 = died Jan 1, 1998 (wife & 2 sons at the time of death)
WIFE = 1/8 share of B3's property/wealth
2 SONS = 7/8 share of B3's property/wealth (each SON gets 7/16 share)
Total = 1/8 + 7/8 = 8/8 = 1 (whole) property/wealth of B3
Brothers & Sisters of B3 have NO shares from B3's property/wealth because he has living SONS
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4. B2 = died Dec 26, 2001 (2 sons at the time of death)
2 SONS = Whole of B2's property/wealth (each son gets 1/2 share)
Total = 1/2 + 1/2 = 2/2 = 1 (whole) property/wealth of B2
Brothers & Sisters of B2 have NO shares from B2's property/wealth because he has living SONS
*******************************************************
5. B1 = Dec 20, 2013 (no wife and no children at time of death)
B4 = 2/3 share of B1's property/wealth
S2 (your Mom) = 1/3 share of B1's property/wealth
Total = 2/3 + 1/3 = 3/3 = 1 (whole) property/wealth of B1
So you see that we have to take each persons death in the time it happened and then distribute their property/wealth/estate to the remaining LIVING heirs ONLY. Then each heir'sproperty will be divided to the remaining heirs when they die, in turn, one by one. Therefore one has to consider who has died, when they died, and who are alive at the time of each ones death, to be able to dictribute their reespective property/wealth accordingly in conformity to the Islamic Shariah Law of Inheritance.
Allah Knows Best!
Sir, I am sorry, again I forgot to mention u that my mums brother who neither have wife n childre was the ELDER brother who died on 20 dec 2013. All our family members are eagerly waiting for ur reply. Do reply me plzz
JAzak Allah
Respected Sir, Assalamu Alaikum. My Uncle has 93 cents of very valuable land including house. He has 3 children ( 1 Male + 2 Female = all married ). Uncle want to distribute his property as per Islamic law of inheritance now iteself (during his and his wife's life time only) (all are living now) i.e. (1) a portion he want to retain for his use rest of his life, (2) a share to his wife for her own use to her rest of life (3) a share to his only son (first child) (4) a share to his elder daughter and (5) share to his last daughter. We are Indians, governed by Islamic law for civil suits. Sir, Please guide us as to what % of share everyone is entitled as per Allah's law as we do not want to injustice to none. Jazakallah khair. May Allah grant you long life and proserity. My Saudi Arabias Moible is 00966 502 981 457, Hasan Abbas, hashval2@yahoo.com (2nd e-mail)
Response to Hasan Abbas who wrote on Jan 28 2014
First and foremost a believer has every right to distribute his/her property to any or all of his family members in any way he/she wishes when alive. The Islamic Law of Inheritance applies only after a person has died and his property and wealth is left behind for distribution.
The other fact is that no one knows who will die first. So it is very difficult to conclude how one must divide his/her property/wealth to the family members while still alive.
However, if you consider a theoritical case where we assume that the Man (your Uncle) will be the one who dies first then the proportions of inheritance to his wife and children will be as follows:-
WIFE = 1/8 share (12.5%)
SON = 1/2 of 7/8 = 7/16 share (43.75%)
DAUGHTER 1 = 1/4 of 7/8 = 7/32 share (21.875%)
DAUGHTER 2 = 1/4 of 7/8 = 7/32 share (21.875%)
Total = 1/8 + 7/16 + 7/32 + 7/32 = 32/32 = 1 (whole)
If your Uncle wants to keep a small share for himself then he must first DEDUCT this share from the total value of the property/wealth and then divide the remainider according to the above proportions. The amount of his personal share is something he can choose by himself based on his needs. There is no fixed amount that can be mentioned accoring to Shariah.
One must also remember now that should any of his wife or children die before him, after he has distributed his property/wealth as above, then he and the remaining members of his family will inherit from that share.
Allah Knows Best!
Salamalykum sir,
I forgot u to mention that my grand mothers son who neither have wife nor children is not alive. Not only one daughter and one son is alive. So please tell me how much share ll be inherited amoung the remaining family members