AskImamDarul Iftaa Mahmudiyyah (AskImam)

A person has 3 daughters, 1 son, 1 brother and 4 sisters. How should the estate of the deceased be divided ?

Fatwa 3184English
Wills and Inheritance

Question

The question text was not published separately; the title stands in for it.

A person has 3 daughters, 1 son, 1 brother and 4 sisters. How should the estate of the deceased be divided ?

Answer

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* The Shar'ee ruling herein given is specifically based on the question posed and should be read in conjunction with the question.
* The Madrasah bears no responsibility to any party who may or may not act on this answer. The Madrasah 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 Madrasah
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Respected Brother-in-Islam

Assalaamu Alaykum Wa Rahmatullaahi Wa Barakaatuhu

At the outset, it must be pointed out that the heirs of an Estate may only be determined upon one's demise.

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 five (5) equal shares and distributed as follows:
Son receives : 2 shares
Each daughter receives : 1 shares

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

Answered by
Mufti Ebrahim Desai
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