A person has 3 daughters, 1 son, 1 brother and 4 sisters. How should the estate of the deceased be divided ?
Question
The question text was not published separately; the title stands in for it.
A person has 3 daughters, 1 son, 1 brother and 4 sisters. How should the estate of the deceased be divided ?
Answer
***************************
* The Shar'ee ruling herein given is specifically based on the question posed and should be read in conjunction with the question.
* The Madrasah bears no responsibility to any party who may or may not act on this answer. The Madrasah being hereby exempted from loss or damage howsoever caused.
* This answer may not be used as evidence in any court of Law without prior written consent from the Madrasah
***************************
Respected Brother-in-Islam
Assalaamu Alaykum Wa Rahmatullaahi Wa Barakaatuhu
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 (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 five (5) equal shares and distributed as follows:
Son receives : 2 shares
Each daughter receives : 1 shares
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.
- Answered by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Mahmudiyyah. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue
For corrections or mistakes, please email us at fatawasa786@gmail.com.
Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/3184
Fatawa SA: https://fatawa.co.za/fatwa/askimam-3184
People also ask
Why do sons and daughters inherit different shares?
“The bequest your mother made of distributing the estate equally is not permissible. The estate will have to be distributed in accordance to the law of shariah. The law of shariah is that the son will receive double share of the…”
Mufti Online · 59 fatawa from 7 Darul Iftas on this
What the Darul Iftas say