26th 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 1/8th 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