Distribution Of Estate
Question
The deceased is survived by the following heirs:
Husband
1 Daughter
Mother – Deceased’s mother
2 Brothers
1 Sister
Answer
According to the Islamic law of succession, the estate will be dissolved in the following manner:
a) The burial expenses will be paid by the husband.
b) Any debts incurred by the deceased and still remain outstanding will be settled.
c) Any bequests made by the deceased will be settled from 1/3 of the remainder, i.e. the remainder after off–setting the debts and paying burial expenses.
d) The remainder will be distributed amongst the legal heirs according to the Quraan and Sunnah as calculated below:
HUSBAND: 15 (25%)
MOTHER: 10 (16.67%)
DAUGHTER: 30 (50%)
BROTHER 1: 2 (3.33%)
BROTHER 2: 2 (3.33%)
SISTER: 1 (1.67%)
TOTAL: 60 (100%)
- Answered by
- Mufti Abdul Kader Fazlani
- Checked & approved by
- Mufti Yacoob Vally Saheb
Fatawa SA is an independent, read-only index of fatawa already published by Darul Ifta Ibn Masood. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.