2nd October 2024
السلام عليكم و رحمة الله و بركاته
Question: My wife informed me that my brother-in-law (her brother) passed away in United States and left behind a mother (who is a widow) and a 10-year-old daughter (in Pakistan) (from his previous wife). He did not have any property or cash or gold except that he had a car which one of his friends in the States sold it for $20,000 and sent it to his mother in Pakistan and converted into rupees. My question is what how will his estate be distributed Islamically?
الجواب حامداً و مصلياً
In the name of Allāh, the Most Gracious, the Most Merciful
Answer
In reference to your query, the Islamic laws of inheritance distribution as prescribed in the Quran and Sunnah follow the death of the person after clearing all funeral expenses, any outstanding debt and executing one third of their personal will from their estate. A woman inherits a portion based on her relationship to the deceased and the existing members of other eligible inheritors. In the aforementioned scenario, Islamically the mother receives 1/6th, daughter receives ½ and the sister (full sister) inherits the residue.[1]
The wealth of the deceased will be divided into 6 parts between the mother, sister and the daughter and distributed in the following manner.
| Legal
Beneficiaries |
Islamic
Shares |
Entitlement
From 6 parts* |
Monetary
Value |
| Mother | 1/6 | 1 | $3,333 |
| Daughter | ½ | 3 | $10,000 |
| Sister | Residue | 2 | $6,666 |
| Total | 6 | $20,000 |
| NB: Simply divide the total assets by 6 parts and thereafter multiply by entitlement share to get the monetary value. |
The above monetary shares for each beneficiary will be converted into the rupees currency and given to them individually. As for the 10-year-old daughter, then a trusted individual should be appointed as her legal guardian who will safeguard her wealth and then give it to her after reaching maturity.
[Allāh Knows Best]
Written by: Apa Sumayya Qazi Reviewed by: Mufti Abdul Waheed
Attested by: Shaykh Mufti Saiful Islam
JKN Fatawa Department
وَلِاَ بَوَيۡهِ لِكُلِّ وَاحِدٍ مِّنۡهُمَا السُّدُسُ مِمَّا تَرَكَ اِنۡ كَانَ لَهٗ وَلَد
To the two parents of the deceased belongs a 1/6 each of what he leaves, if he has children.” (4:10)
لِلذَّكَرِ مِثۡلُ حَظِّ الۡاُنۡثَيَيۡنِ ۚ فَاِنۡ كُنَّ نِسَآءً فَوۡقَ اثۡنَتَيۡنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۚ وَاِنۡ كَانَتۡ وَاحِدَةً فَلَهَا النِّصۡفُ
Allah commands you regarding your children: the share of the male will be twice that of a female.” (4:11) If the females are more than two they inherit 2/3 of what he leaves if it be one female she inherits half.” (4:12)
حَدَّثَنِي عَمْرُو بْنُ عَبَّاسٍ، حَدَّثَنَا عَبْدُ الرَّحْمَنِ، حَدَّثَنَا سُفْيَانُ، عَنْ أَبِي قَيْسٍ، عَنْ هُزَيْلٍ، قَالَ قَالَ عَبْدُ اللَّهِ لأَقْضِيَنَّ فِيهَا بِقَضَاءِ النَّبِيِّ ﷺ لِلاِبْنَةِ النِّصْفُ، وَلاِبْنَةِ الاِبْنِ السُّدُسُ، وَمَا بَقِيَ فَلِلأُخْتِ
Narrated by Huzail that Sayyiduna Abdullah ibn Mas’ud (ra) said, “The judgment I will give in this matter will be like the judgment of the Prophet, ie one-half is for the daughter and one-sixth for the son’s daughter and the rest of the inheritance for the sister” (Sahih al-Bukhari 6742 Book 85, Hadith 19)