22nd February 2018
السلام عليكم و رحمة الله و بركاته
Question: Please can you answer a question on inheritance. Father passed away in 2002 leaving his wife and 7 daughters. He also has 3 brothers and 4 sisters who live separately. He has no parents. The daughters decided to allow their mother to take charge of everything. The mother then passed away in 2015 leaving behind seven daughters. She also has a mother, 2 brothers and 5 sisters who all live separately
الجواب حامداً و مصلياً
In the name of Allāh, the Most Gracious, the Most Merciful
Answer
In reference to your case, the daughters and the siblings in both cases are eligible for their share of inheritance from the deceased’s asset. The deceased’s asset will be distributed in the following manner according to the Shariah code based on the information provided once all funeral expenses, all outstanding debts and one-third of the deceased’s will (only if he or she made one that is) have been discharged.
Scenario 1: Deceased father
Total estate will be divided by 240 parts from which
Wife: 1/8th of share.
7 Daughters: 2/3rd of the share
3 brothers & 4 sisters: receive the remainder of which each brother inherits double the share of a sister. See Table below
| Legal Beneficiaries | Islamic Share | Entitlement share from 240 parts* |
| Wife | 1/8th | 30 |
| 7 Daughters | 2/3rd to be shared equally between them | 160 |
| Brother 1 | Receive the residue from the above two inheritors | 10 |
| Brother 2 | 10 | |
| Brother 3 | 10 | |
| Sister 1 | 5 | |
| Sister 2 | 5 | |
| Sister 3 | 5 | |
| Sister 4 | 5 | |
| Total | 240 | |
| *NB: Simply divide the total asset by 240 parts and thereafter multiply by their entitlement share. This will give you the total figure of their legal entitlement. | ||
Scenario 2: Deceased mother
Total asset will be divided by 108 parts from which
Mother: 1/6th of the share
7 Daughters: 2/3rd of the share
2 brothers & 5 Sisters: Receive the residue amount from which each brother inherits double the share of a sister.
| Legal Beneficiaries | Islamic Share | Entitlement share from 108 parts* |
| Mother | 1/6th | 18 |
| 7 Daughters | 2/3rd shared equally between them | 72 |
| Brother 1 | Receive the residue from the above two inheritors | 4 |
| Brother 2 | 4 | |
| Sister 1 | 2 | |
| Sister 2 | 2 | |
| Sister 3 | 2 | |
| Sister 4 | 2 | |
| Sister 5 | 2 | |
| Total | 108 | |
| *NB: Simply divide the total asset by 108 parts and thereafter multiply by their entitlement share. This will give you the total figure of their legal entitlement. | ||
[Allãh Knows Best]
Written by (Mufti) Abdul Waheed
Answer Attested by Shaykh Mufti Saiful Islam
JKN Fatawa Department