16th November 2023
Question: I need to know who gets what in inheritance from my deceased father. He left behind £150,000 as his estate leaving behind a wife, 2 boys and 3 girls. His eldest son passed away before him years ago who has 3 girls and a wife. In addition to the 3 girls, father has step-daughter from his wife’s previous marriage.
- How much do his existing 2 sons and 3 daughters receive from his estate?
- Would any share be calculated for his deceased son or for his wife and daughters?
- Will his step-daughter’s share be calculated also from the estate?
الجواب حامداً و مصلياً
In the name of Allāh, the Most Gracious, the Most Merciful
Answer
In reference to your case scenario, if after clearing all funeral expenses, fulfilling all outstanding debt and one-third of the deceased’s personal will for a specific cause (if he made one that is) the above stated amount remains as is estate then it will be distributed amongst their legal beneficiaries in the following manner.
- The entire estate will be divided into 8 parts between his wife and existing children.
- The wife will receive one-eighth as stipulated in the Quran (1 part).[1]
- Children: The residue amount after the wife’s share will be divided between his 2 sons and 3 daughters; each son receiving double the share of a daughter.[2]
The previously deceased son will not receive a share from the now late father’s estate and neither his deceased son’s wife and his children. The above 2 sons and 3 daughters have taken all of the share and hence, excluded all other members. Concerning, the stepdaughter from his wife’s previous marriage then as she has no biological connection to the deceased, she will not receive a share.[3]
Table below illustrates the entitlement share of each beneficiary.
| Legal beneficiaries | Islamic shares | Entitlement from 8 parts* | Monetary Value |
| Wife | 1/8 | 1 | £18,750 |
| The residue amount of £131,250 will be further distributed between the children in the following manner. | |||
| Son 1 | Each son receives double the share of a daughter | 2 | £37,500 |
| Son 2 | 2 | £37,500 | |
| Daughter 1 | Each daughter receives half of the share of a daughter | 1 | £18,750 |
| Daughter 2 | 1 | £18,750 | |
| Daughter 3 | 1 | £18,750 | |
| Total | 8 | £150,000 | |
| *NB: Simply divide the total asset by 8 parts and thereafter multiply by the entitlement share to get the monetary value. | |||
[Allãh Knows Best]
Written by: Apa Sumayyah bint Abdul Alim Reviewed by: Mufti Abdul Waheed
Attested by: Shaykh Mufti Saiful Islam
JKN Fatawa Department
Surah Nisa Aayat 12
وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكۡتُمۡ اِنۡ لَّمۡ يَكُنۡ لَّكُمۡ وَلَدٌ ۚ فَاِنۡ كَانَ لَـكُمۡ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكۡتُمۡ مِّنۡۢ بَعۡدِ وَصِيَّةٍ تُوۡصُوۡنَ بِهَاۤ اَوۡ دَ يۡنٍ
Allamah Ibn Abideen, Radul Muhtaar, Kitabul Fara’idh, Vol 6. Pg.769
فَقَالَ (فَيُفْرَضُ لِلزَّوْجَةِ فَصَاعِدًا الثَّمَنُ مَعَ وَلَدٍ أَوْ وَلَدِ ابْنٍ
[2] Al Quraan, Surah Nisaa, Aayat 10
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ
فَإِن كُنَّ نِسَآءًۭ فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةًۭ فَلَهَا ٱلنِّصْف
[3] Allamah Ibn Abideen, Shaami, Kitaabul Faraaidh vol 6, pg 762
وَيُسْتَحَقُّ الْإِرْثُ) وَلَوْ لِمُصْحَفٍ بِهِ يُفْتَى وَقِيلَ لَا يُورَثُ وَإِنَّمَا هُوَ لِلْقَارِئِ مِنْ وَلَدَيْهِ صَيْرَفِيَّةٌ بِأَحَدِ ثَلَاثَةٍ (بِرَحِمٍ وَنِكَاحٍ) صَحِيحٍ فَلَا تَوَارُثَ بِفَاسِدٍ وَلَا بَاطِلٍ إجْمَاعًا