Inheritance query

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

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

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

• Darul Iftaa bear 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 from the Darul Iftaa.

We have been advised that the deceased (Father) is survived by:

- One wife

- Three sons

- And one daughter

ACCORDINGLY, THE ESTATE WILL BE DIVIDED INTO 8 SHARES AS FOLLOWS:

BENEFICIARY

SHARE

PERCENTAGE

Son [1]

2

25%

Son [2]

2

25%

Son [3]

2

25%

Daughter [1]

1

12.5%

Wife [Widow]

1

12.5%

TOTAL

8

100%

NOTE: The above percentage figures have been rounded up to two decimal places.

According to the Islamic Law of Succession and Inheritance, 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.] have been paid out. Thereafter, ALL assets form part of the Net Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

And Allah Ta’āla Knows Best

Checked and Approved by,
Mufti Ebrahim Desai.