Fatwa: # 35335
Category: Inheritance (Irth)
Country: Pakistan
Date: 5th February 2019

Title

Inheritance query

Question

Please tell me the distribution for the heirs in following cases:

(a) If a man dies and is survived by a wife, three daughters, two sons of his sister, but sister is not alive.

(b) If a woman dies and is survived by husband, three daughters, two sisters and two brothers.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

DISCLAIMER

•The Shari’ah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

•Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

•This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa

 

In the first situation, if there are no other heirs, the deceased’s estate will be divided into 144 shares as follows:

 

Beneficiaries

Shares

Percentage

Wife

18

12.5%

Daughter

16

11.11%

Daughter

16

11.11%

Daughter

16

11.11%

Son of sister

39

27.08%

Son of sister

39

27.08%

Total

144

99.99%

 

In the second situation, if there are no other heirs, the deceased’s estate will be divided into 72 shares as follows:

 

Beneficiaries

Shares

Percentage

Husband

18

25%

Daughter

8

11.11%

Daughter

8

11.11%

Daughter

8

11.11%

Brother

10

13.88%

Brother

10

13.88%

Sister

5

6.94%

Sister

5

6.94%

Total

72

99.97%

 

Note: As you can see, there is a remainder of 0.1% in the total percentage box of the first table and a remainder of 0.3% in the total percentage box of the second table. This is due to the intricacies of rounding off each beneficiary’s percentage share to the nearest decimal point. This could result in a minute amount of the estate being left over after distribution. Hence, in the event of any surplus left after distribution, the surplus can either be given in charity on behalf of the deceased with the consent of all the heirs or it can be given to any of the heirs with the permission of the others. Otherwise, it can be redistributed according to the above percentages as far as possible.

 

And Allah Ta’āla Knows Best

Mizanur Rahman

Student, Darul Iftaa

UK

 

Checked and Approved by,
Mufti Ebrahim Desai.

 

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