20th May 2022
Question: Kindly provide us with the Islamic guidelines to the following scenario. Person passed away leaving behind his Wife and 4 sons and 2 daughters and one brother and one sister. He doesn’t have parents as both passed away before him. Who gets what share?
In the name of Allāh, the Most Gracious, the Most Merciful
Answer: Thank for your question. In reference to your case scenario, firstly the deceased’s wealth will be used towards the burial costs of the deceased, thereafter any bequests made shall be fulfilled from 1/3 of the remaining wealth. Whatever remains thereafter shall be then distributed amongst their legal heirs in the following manner. The entire estate shall be divided into 80 equal parts. The wife shall be given one-tenth (1/8th) of the share and the residue 70 parts will be divided by 10 shares; each son inheriting double the share of a daughter and each daughter receiving a single share. In other words, each son receiving 14 shares from 70 and each daughter receiving 7 shares. This will be then used to calculate the total share from the value of the estate. Due to the existing sons, the brother and sister shall not receive any share.
[Allāh Knows Best]
Written by: Mufti Anas Mullah Reviewed by: Mufti Abdul Waheed
Attested by: Shaykh Mufti Saiful Islam
JKN Fatawa Department