8th October 2024
السلام عليكم و رحمة الله و بركاته
Question: I need to know who gets what inheritance share from my deceased father. My father has a house worth £200,000. He is still alive alhamdulillah but extremely ill and wants to know the Islamic shares of his legal inheritors after he passes away. He had 5 children altogether: 2 sons and 3 daughters. My mother is no longer alive. His eldest is son (i.e. my brother) has already passed away leaving behind his 3 daughters only, so now there are 3 granddaughters existing. So do the granddaughters receive any shares if 3 daughters and 1 son is alive? Kindly explain the Islamic shares.
الجواب حامداً و مصلياً
In the name of Allāh, the Most Gracious, the Most Merciful
Answer
In reference to your query, according to the law of inheritance and succession, the distribution of the estate commences after fulfilling all of the essential funeral expenses, clearing all outstanding debts and executing personal bequests for a specific cause exceeding no more than one-third from his estate. In your case, when your father passes away leaving behind 1 son, 3 daughters and 3 granddaughters then due to children existing, granddaughters do not receive any inheritance share because the children being the closest to the deceased in relationship and therefore prioritised over the granddaughters, inherit all of his estate.[1] He can however make a personal will for them of maximum one-third from his estate.
According to the laws of inheritance, each son receives double the share of a daughter.[2] His estate will be divided into 5 parts; 2 for the son and 1 for each daughter. The table below illustrates the monetary entitlement of each heir.
| Legal
Beneficiaries |
Islamic
Shares |
Entitlement
From 5 parts* |
Monetary
Value |
| Son | Son inheriting double the share of a daughter | 2 | £80,000 |
| Daughter 1 | 1 | £40,000 | |
| Daughter 2 | 1 | £40,000 | |
| Daughter 3 | 1 | £40,000 |
| Total | 5 | £200,000 |
| *NB: Simply divide the total assets by 5 parts and thereafter multiply it by the entitlement share to get the monetary value. |
[Allāh Knows Best]
Written by: Apa Sumayya Qazi Reviewed by: Mufti Abdul Waheed
Attested by: Shaykh Mufti Saiful Islam
JKN Fatawa Department
[1] Ṣaḥīḥ al-Bukhārī, No:6732
ألحقوا الفرائض بأھلھا ، فما بقي فھو لأولی رجل ذکر
Give the shares [of inheritance that are prescribed] to those who are entitled to it. Then whatever remains, it is for the closest male person.”
Ṣaḥīḥ al-Bukhārī, No: 6735
Zayd ibn Thābit (may Allah be pleased with him) said:
ولا یرث ولد الابن مع الابن
And the paternal grandson will not inherit in the presence of a son.”
[2] Surah Nisaa 4:10
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ