AskImamDarul Iftaa Mahmudiyyah (AskImam)

Please can Mufti Saheb advise who are the heirs of the estate

Fatwa 47358English
Wills and Inheritance

Question

As salaam u alaykum ww Mufti Saheb. I trust you are well. A family member passed away recently. He had 1 wife and only 1 daughter who are both living. He also had 2 brothers and 1 sister who are all living. His parents are deceased. Please can Mufti Saheb advise who are the heirs of the estate. Jazaakalllah.

Answer

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

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

According to the Shariah 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.

The entire estate of the deceased will be divided into 40 shares as following:

Beneficiaries

Shares

Percentage

Wife

5

12.5%

Daughter

20

50%

Brother

6

15%

Brother

6

15%

Sister

3

7.5%

Total

40

100%

And Allah Ta’āla Knows Best

Mudassir Benish

Student - Darul Iftaa
U.S.A

Checked and Approved by,
Mufti Ebrahim Desai.

Answered by
Mudassir Benish
Checked & approved by
Mufti Ebrahim Desai
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