Fatwa: # 43149
Category:
Country:
Date: 9th October 2019

Title

Inheritance query

Question

Assalamu Alaikum Respected Mufti Sahib

Please can you advise on inheritance as per following scenario:

Hussain married Shakoor and had 4 sons and 3 daughters.
Sons: Muhammad, Ibrahim, Ali, Ashraf
Daughters: Ayesha, Amina, Fatema

Hussain passed away and left behind his wife and 4 sons and 3 daughters as heirs.

Shakoor then passed away leaving behind the 4 sons and 3 daughters as heirs.

Thereafter, Ali passed away leaving behind only his wife as he had no children.

Thereafter, Muhammad passed away leaving behind only 1 daughter Nazira.

Thereafter, Fatema passed away leaving behind husband Faruk and 3 daughters Khalida, Sajida & Siddiqa.

Hussain owned a property in India and the property is still in his name and now the property is to be sold.

Please can you calculate the inheritance shares for the property.

Jazakallah Khair

Answer

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

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

DISCLAIMER

The Shariah 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

 

According to the Shari’ah Laws of Inheritance and Succession, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs - which will not exceed one-third (1/3) of the estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the net estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

In the enquired situation, if there were no other heirs besides those mentioned in the query, then if the property is sold, the proceeds of the sale will be divided as follows:

Heir

Shares

Percentage

Ibrahim

584

24.579%

Ashraf

584

24.579%

Ayesha

292

12.289%

Amina

292

12.289%

Ali’s wife

108

4.545%

Nazira

252

10.606%

Khalida

64

2.693%

Sajida

64

2.693%

Siddiqa

64

2.693%

Faruk

72

3.03%

Total

2376

99.996%

 

And Allah Ta’āla Knows Best

 

Muhammad Fayyaadh

Student - Darul Iftaa

South Africa

 

Checked and Approved by,

Mufti Ebrahim Desai. 

 

 

Follow Mufti Ebrahim Desai’s official Twitter handle: @MuftiEbrahim

 

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