AskImamDarul Iftaa Mahmudiyyah (AskImam)

If a lady passes away and leave behind Husband, 3 Sons and 4 Daughters as heirs.

Fatwa 13435English
Wills and Inheritance

Question

If a lady passes away and leave behind Husband, 3 Sons and 4 Daughters as heirs. What will be the Sharai distribution of inheritence among them.

Highly appreciate if you could explain the method that is used to calculate portion of each heir.

Jazakumullahu Khairan

Answer

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. Thereafter, all assets form part of the Nett Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

The nett Estate will be divided into 40 equal shares and distributed as follows: Husband will inherit ¼ (10 shares). The residue will go to the children. Each son will inherit 6 shares and each daughter 3 shares.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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