AskImamDarul Iftaa Mahmudiyyah (AskImam)

Distribution of wealth

· 9 Safar 1423 AH1 min readFatwa 5427English
Wills and Inheritance

Question

dear mufti sahib,please guide me in distributing the inheritance under the following circumstance. there are four brothers with their mother alive.the eldest and the youngest are equal partners in the business with the other two have nothing to do with their business.now the eldest brother dies leaving behind him a mother , a wife,two sons and two daughters.the sons aged 16&7yrs and the daughters 19&12yrs respectively.now mufti sahib please guide us how to evaluate it all.

Answer

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 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 nett estate will be divided into one hundred and forty-four (144) equal shares and distributed as follows: Wife receives 18 shares, Each son receives 34 shares, each daughter receives 17 shares and mother receives 24 shares.

50% of the business in partnership will form part of the estate and all the heirs of the deceased brothers will be partners in the business according to their share from the estate. The youngest brother may mutually agree with the eldest brother to purchase their shares from the business.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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