Fatwa: # 16589
Category: Inheritance (Irth)
Country: Pakistan
Date: 16th April 2008

Title

My mother passed away last week (Inna Lillahe Wa Inna Ilehe Rajeoon). She leaves behind a piece of land (property), a car, some cash and jewellery and some minor items (clothes etc). She leaves behind the following close relatives:...

Question

My mother passed away last week (Inna Lillahe Wa Inna Ilehe Rajeoon). She leaves behind a piece of land (property), a car, some cash and jewellery and some minor items (clothes etc). She leaves behind the following close relatives:

(1) Her Husband (my father)
(2) Myself (adult male and her only child)
(3) Her four brothers
(4) Her three grand children (my children, two boys and a girl, all minors)

Please let us know in the light of Shariah as to what should be the distribution of her belongings. We would be thankful if you could also guide us the relevant references from the Quran and the Hadeeth.

 

 

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

We are sorry to hear about the demise of your mother. May Allah grant her forgiveness and bestow her with a lofty status in the hereafter, Ameen.  

We have been advised that the deceased was survived by the following relatives:

Husband, 1 Son, 4 Brothers, 2 Grandsons, 1 Granddaughter.

As per the information provided in the query and on condition that the deceased was not succeeded by any other heirs besides the ones mentioned in the query, the estate of the deceased will be divided into 4 shares and distributed amongst her heirs as follows:

The distribution the estate will be as follows:

Husband:                                  ¼                                             25%

Son:                                         ¾                                             75%

Brothers:                                  Do not inherit                            0%

Grandsons:                               Do not inherit                            0%

Granddaughter  :                       Do not inherit                            0%

After the demise of the mother, first the expenses of her burial will be deducted from her estate and then her debts will be settled. From the wealth that remains, if the mother had bequeathed any wealth to someone (other than those who inherit), it will be accepted from ⅓ of her estate. Thereafter, the remainder estate will be distributed amongst her inheritors in according to the above explanation.

And Allah knows best

Wassalam

Ml. Ehzaz Ajmeri,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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