father Passed away in 1984. Left behind a Wife , 1 Sons , Mother , 3 Brother & 2 Sister

· 3 Jumada I 1427 AH1 min readFatwa 14278English

Question

My father Passed away in 1984. Left behind a Wife , 1 Sons , Mother , 3 Brother & 2 Sister

Question : How to distribute his Property according to sheriah.

Answer

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 24 equal shares and distributed as follows: Wife receives 3 shares, Mother receives 4 shares and son receives 17 shares. Brothers and Sisters do not inherit.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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