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I just wanted to know what is the correct way to distribut a persons wealth or belonging among the family once he is dead

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

As salam alaykum

I just wanted to know what is the correct way to distribut a persons wealth or belonging among the family once he is dead. Be it a father or Mother or son

 

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Answer:

 

Way to distribute inheritance

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-13:

11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.


12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13 Those are limits set by Allah: those who obey Allah and His Apostle will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

 

Your Question: I just wanted to know what is the correct way to distribut a persons wealth or belonging among the family once he is dead. Be it a father or Mother or son

Dear and Beloved Brother in Islam, Allah Subhanah has Decreed the exact portion or share of each legal surviving heir of the deceased from the wealth he leaves behind at his death.

 

Depending on the number and nature of the surviving heirs, the inheritance will be divided according to Decreed share of each legal heir. Because there are many variables in the surviving legal heirs, like one is survived only by a wife and a son, or one is survived only by one daughter, or one is survived by his father and three sons, etc., it would be almost impossible for us to give you the exact distribution unless and until it is known who exactly has survived the deceased.

 

If your question meant to ask that the deceased is survived by his father, his mother, and one son and assuming that the wife and the daughters (if any) of the deceased died before his death, after the payment of debts and the fulfillment of the will of the deceased (if any), the distribution according to Shariah would be as follows:

 

The father would receive 1/6th

The mother would receive 1/6th

And the son would receive the balance.

 

Thus, for example, if the balance amount after the payment of debts and fulfillment of the will of the deceased (if any) were $100,000.00 then the distribution would be:

 

The father would get 1/6th of $100,000.00 or $16,666.67

The mother would get 1/6th of $100,000.00 or $16,666.67

And the full balance of $66,666.66 would go to the son.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your Brother in Islam,

 

 

Burhan

 


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