1.A widower had four daughters and two sons. All the daughters married and have male female childs. Two of the daughters died. Widower has one house. What will be the division of inheritance.
Question
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1.A widower had four daughters and two sons. All the daughters married and have male female childs. Two of the daughters died. Widower has one house. What will be the division of inheritance.
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.
In order for us for us to issue a ruling, kindly explain whether the daughters predeceased the father or not. Also, specify the exact number and gender of the deceased's daughter's children.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
- Answered by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/5860
Fatawa SA: https://fatawa.co.za/fatwa/askimam-5860
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