Inheritance

26^th October 2015

السلام عليكم و رحمة الله و بركاته

Question: My father has passed away and our mother is still alive. Mother owns her home and she has 8 children; 3 sons and 5 daughters. She has asked me to find out how this should be divided Islamically. I am finding it difficult to give her the right answer so please explain this clearly.

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

In reference to your case scenario, after discharging all funeral expenses, clearing all outstanding debts and executing one-third of the will from the deceased’s wealth (that is if he made a will), whatever remains from your father’s estate must be distributed among his legal heirs namely; his wife, sons and daughters. The first 1/8^th of the total asset must be subtracted for his wife’s (your mother) share. Thereafter whatever remains must be divided by 11 shares between the children; each son inheriting double the share of each daughter.

[Allãh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

6^th August 2015

السلام عليكم و رحمة الله و بركاته

Can you please clarify the following question regarding inheritance. My father who is deceased left the following properties in his name. To the best of my knowledge, they were purchased by my father and no other party contributed financially in purchasing the properties. The net cash has already been distributed in a sharia-compliant manner.

Business properties * 2

Marital home * 1 (Currently occupied by my mother, my brother his wife & kids). My Father made a request in his WILL that all properties including marital home should be transferred into the name of my Mother on his Death. Subsequently In my mother’s WILL (as a request of my father) all properties are scheduled to be divided equally between my oldest brother and his 3 children who currently reside in the marital home. None of the rightful heirs have challenged this & are financial stable in their own right, and all want to maintain family unity.

With a view to maintaining Sharia compliance & Family unity

Question 1 : Should the above 3 properties be included or excluded in my father’s estate and how to do it in a manner that fulfils my father’s & mother’s wishes, the rights of all the people residing in the marital home, the permanent need for them to still reside in the marital home without fear of any demands and maintain Sharia compliance.

Question 2: As a result of this, will my mother’s Will need updating accordingly

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

1: The outset of your query clearly suggests two main concerns; the first is questioning the legitimacy of the above-method distribution and secondly, the ethical approach of providing an alternative solution whereby it does not contravene the Shar’ee principles whilst maintaining the family unit. In the first point, Allāh I has stipulated in the Holy Qur’ān the shares of all the legal beneficiaries, so to intentionally overlook this command is a sin. In principle, your father’s total estate [which includes all the properties that he was the sole owner of during his lifetime] must be distributed proportionately between all his legal heirs [his wife, sons and daughters] according to the Quranic injunctions. This cannot be compromised. As far as the second point is concerned, one suggestion could be that the children willingly gift their share respectively to their mother after receiving them. It is permissible for the children to relinquish their rightful share of their father’s estate for their mother’s sake provided that everyone consents to it. No one has the right to coerce if they choose not to.

2: Yes, your mother’s Will needs amending. The Messenger of Allāh e said, “There is no Will for the inheritors”, which means that no Will is to be made for the inheritors’ share because their share has already been assigned by Allāh I in the Holy Qur’ān. She must state in her Will that her estate, which includes the house on her name, must be distributed amongst her children [not including her grandchildren] according to the Shar’ee principles. But if all mutually consent to gift their share to the son who is living with her then that is permissible.

[Allãh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

17^th March 2015

السلام عليكم و رحمة الله و بركاته

Question: My father died leaving behind two wives and 6 sons and 5 daughters. Kindly inform us how his estate will be distributed Islamically.

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

In view of the existing members you mentioned, the estate will be distributed according to the below Islamic guidelines after fulfilling of all funeral expenses, clearing all outstanding debts and executing one-third of the deceased’s wealth (in the case he made one). Note that the wife’s share will be allocated first and the residue will be distributed between his children. View the table below

After subtracting 1/8^th of the total estate for the wives, the residue amount will be divided by 17 shares for the children; each son inheriting double the share of a daughter, so to give you each person’s Shar’ee entitlement in cash.

[Allãh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

11^th September 2014

السلام عليكم و رحمة الله و بركاته

Question: Both of my parents passed away. My mother died first in February 2008, leaving behind her husband (my father), her mother, 3 sons and 3 daughters (which is us, siblings). My father then died in December 2009 leaving behind 4 sons (my stepbrother) and 3 daughters. My stepmother no longer exists so kindly explain to us the Shar’ee method of estate distribution in this scenario.

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

In reference to your case scenario, the deceased’s estate will be distributed according to the Islamic principles after primarily fulfilling all funeral expenses, clearing all outstanding debt(s) and executing one-third of the will (only if the deceased bequeathed it that is).

You mentioned that the wife (i.e. your mother) passed away prior to her husband’s death (i.e. your father). If this is the case and these were the existing members at the time then the allocated shares for her beneficiaries will be as follows;

1. Deceased Wife – her estate will be divided by 108 parts

The total asset will initially be divided by 108 and then this figure will be multiplied by the total share of each beneficiary to give you each inheritor’s entitlement.

2. Deceased Husband – His entitlement from his deceased wife’s estate will be included as part of his estate if it remained with him until his death. If the following members existed at the time of the husband’s death then his estate, (including his entitlement of share) will be divided into 11 parts after primarily fulfilling all funeral expenses, clearing all outstanding debt(s) and executing one-third of the will (only if he bequeathed it that is). Your step brother will inherit only if he is your father’s biological son.

The same formula will apply in this case as explained above to give you each inheritor’s entitlement in the form of cash.

[Allãh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

5^th April 2014

السلام عليكم و رحمة الله و بركاته

 Question: My mother passed away leaving behind three sons and two daughters only. My father passed away long before my mother. Total asset she left behind was £37,500. Kindly distribute his estate according to the Islamic principles.  

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

If the total amount mentioned in your query remains after accomplishing all funeral expenses, clearing all outstanding debts and execution one-third of the deceased’s will (in the case she made one), then the above stipulated amount will be distributed according to the Islamic principles as follows;

The total estate will be divided by 8 shares from which a son will inherit double the share of a daughter.

£37,500 divided by 8 shares = £4,687.50

[Allãh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

4^th April 2014

السلام عليكم و رحمة الله و بركاته

Question: My father passed away leaving behind a wife, mother, a son and four daughters. The total asset he left behind is £225,000. Kindly distribute his estate according to the Islamic principles.  

الجواب ح

امداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

In reference to your case scenario, if the amount specified in your query remains after fulfilling all funeral expenses, clearing all outstanding debts and executing one-third of the deceased’s will (in the case he made one), then their respective estate will be distributed according to the Islamic principles which as follows;

The total estate of your Deceased Father – £225,000

Wife: 1/8^th of the share

Mother: 1/6^th of the share

Son & 4 daughters: 6 shares – The son inheriting double the share of a daughter

The total estate will be divided by 144 shares. View the following table

225,000 divided by 144 shares = £1562.50

[Allãh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

7^th February 2014

السلام عليكم و رحمة الله و بركاته

Question: My mother passed away and has left £3000. She has left behind my father (her husband) 3 daughter and 2 sons. Kindly inform us the Islamic share of each of the beneficiaries. And what is to be done with her clothes or other personal items she has left behind?

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

In reference to your case scenario, if the above amount remained in her asset after fulfilling all funeral expenses, clearing all outstanding debts and execution of one-third of the will (if she made one that is), then her estate will be divided according to the Islamic principles in the following manner;

1. Eligibility of the share is,

Husband: will receive ¼ of the share

Sons and Daughters: Each son will receive double the share of a daughter

2. Calculation of the Share

The money estate your mother left behind i.e. £3000 will be divided by 28 shares.

£3000 divided by 28 (shares) = £107.142 please view the following table

In regards to her personal belongings i.e. clothes, they will also be included in the estate and distributed. This can be done by selling the items and then to include them as part of the estate and distributed according to the above principle. Alternatively, you can give them all away into charity to benefit the poor and destitute people, but only after obtaining consent from all of her legal beneficiaries.                                                                                        

[Allãh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

8^th January 2014

السلام عليكم و رحمة الله و بركاته

Question: My father passed away and has left £7000. My mother wants to share the money out. We are 4 sisters and 2 brothers. Please, could you advise us on this matter?

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

In reference to you case scenario, if the amount specified in your question i.e. £7000 remains after fulfilling all funeral expenses, clearing all outstanding debts and executing one-third of the deceased’s will (that is if he made one), then according to the Islamic principles, the estate will be distributed in the following manner,

Mother: 1/8 of the Share

Children: each son will receive double the share of a daughter

The total estate will be divided by 64 shares. The following table illustrates the allocated share of each heir.

£7000 divided by 64 shares = £109.375

[Allãh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department