Husband Passed Away Leaving Behind a Wife, One Son, Three Daughters and Two Sisters

31st October 2018

 

السلام عليكم و رحمة الله و بركاته

Question: Husband passed away leaving behind a wife, 1 son, 3 daughters and 2 sisters. Kindly inform us the Islamic share of the above beneficiaries.

الجواب حامداً و مصلياً

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

 

Answer

In reference to the above scenario, the sisters will be deprived from the share of inheritance due to the existence of the son who in conjunction with the daughters inherit the residue amount after the wife’s share.

Total asset will be divided by 40 parts from which

Wife: 1/8th of share; 5 parts

1 son & 3 daughters: receive the remainder 35 parts from which the son inherits double the share of the daughter. See Table below 

 

Legal Beneficiaries Islamic Share Entitlement share from 40 parts*
Wife 1/8th 5
Son Double the share of a daughter from the residue 14
Daughter 1 Single share of the son from the residue 7
Daughter 2 7
Daughter 3 7
  Total 40
*NB: Simply divide the total asset by 40 parts and thereafter multiply by the entitlement share. This will give you the total monetary figure of each person’s share.

 

[Allãh Knows Best]

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department