11th September 2014
السلام عليكم و رحمة الله و بركاته
Question: Both of my parents passed away. My mother died first in February 2008, leaving behind her husband (my father), her mother, 3 sons and 3 daughters (which is us, siblings). My father then died in December 2009 leaving behind 4 sons (my stepbrother) and 3 daughters. My stepmother no longer exists so kindly explain to us the Shar’ee method of estate distribution in this scenario.
الجواب حامداً و مصلياً
In the name of Allāh, the Most Gracious, the Most Merciful
Answer
In reference to your case scenario, the deceased’s estate will be distributed according to the Islamic principles after primarily fulfilling all funeral expenses, clearing all outstanding debt(s) and executing one-third of the will (only if the deceased bequeathed it that is).
You mentioned that the wife (i.e. your mother) passed away prior to her husband’s death (i.e. your father). If this is the case and these were the existing members at the time then the allocated shares for her beneficiaries will be as follows;
- Deceased Wife – her estate will be divided by 108 parts
| Eligible Beneficiaries | Share Stipulation According to the Shari’ah | Share |
| Husband | ¼ (one-quarter) | 27 |
| Mother | 1/6th (one-sixth) | 18 |
| Son 1 |
Son receives double the share of a daughter = 9 shares
|
14 |
| Son 2 | 14 | |
| Son 3 | 14 | |
| Daughter 1 | 7 | |
| Daughter 2 | 7 | |
| Daughter 3 | 7 | |
| Total | 108 |
The total asset will initially be divided by 108 and then this figure will be multiplied by the total share of each beneficiary to give you each inheritor’s entitlement.
- Deceased Husband – His entitlement from his deceased wife’s estate will be included as part of his estate if it remained with him until his death. If the following members existed at the time of the husband’s death then his estate, (including his entitlement of share) will be divided into 11 parts after primarily fulfilling all funeral expenses, clearing all outstanding debt(s) and executing one-third of the will (only if he bequeathed it that is). Your step brother will inherit only if he is your father’s biological son.
| Eligible Beneficiaries | Stipulated by the Shari’ah | Share |
| Son 1 |
Son receives double the share of a daughter = 11 shares |
2 |
| Son 2 | 2 | |
| Son 3 | 2 | |
| Son 4 | 2 | |
| Daughter 1 | 1 | |
| Daughter 2 | 1 | |
| Daughter 3 | 1 | |
| Total | 11 |
The same formula will apply in this case as explained above to give you each inheritor’s entitlement in the form of cash.
[Allãh Knows Best]
Written by (Mufti) Abdul Waheed
Answer Attested by Shaykh Mufti Saiful Islam
JKN Fatawa Department