4TH January 2018
السلام عليكم و رحمة الله و بركاته
Question: The family that he has left behind are the following, so please remember that he has left a will that all his wealth should be distributed to a non-family member.
HALF SISTER 1 (SHARE SAME FATHER, BUT DIFFERENT MOTHER)
Half sisters 3 Sons
Half sisters 2 Grandchildren
HALF SISTER 2 (SHARE SAME FATHER, BUT DIFFERENT MOTHER)
Half sisters 5 Sons and 3 Daughters
Half sisters 10 Grandchildren
HALF BROTHER 1 (Passed Away previously)
(SHARE SAME FATHER, BUT DIFFERENT MOTHER)
Half brothers Wife
HALF BROTHER 2 (Passed away previously)
(SHARE SAME FATHER, BUT DIFFERENT MOTHER)
Half brothers Wife
Half brother 2 Sons and 3 Daughters
Half brothers 16 Grandchildren
لجواب حامداً و مصلياً
In the name of Allāh, the Most Gracious, the Most Merciful
Answer
In reference to your case scenario, the two half-sisters shall inherit two-thirds of the deceased’s asset after clearing all funeral expenses and debt and one-third of the will. The remainder one-third of the asset will be distributed between half-brother’s 2 sons and 3 daughters; each son inheriting double the share of a daughter.
The Will in which he stipulated that all of his wealth to be distributed among non-family members is invalid. His legal beneficiaries have a legal right over his estate, as outlined above. The Shari’ah only allows one-third as the maximum threshold to be allocated according to the deceased’s wishes. If the legal beneficiaries can willingly relinquish their right of share for others, but cannot be forced to do so.
[Allãh Knows Best]
Written by (Mufti) Abdul Waheed
Answer Attested by Shaykh Mufti Saiful Islam
JKN Fatawa Department