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My family had eleven members which includes my father, mother , five daughters and four sons. My father and my eldest brother have died.

Mu' meneen Brothers and Sisters,

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

 

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My family had eleven members which includes my father, mother , five daughters and four sons. My father and my eldest brother have died. My eldest brother has a wife and two children. My father has left behind a property which is to be inherited by the family members. I want to know as what will be the shares according to the Isdlamic Shariah.

 

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Answer:

 

Inheritance distribution

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Statement: My family had eleven members which includes my father, mother , five daughters and four sons. My father and my eldest brother have died.

Shariah Law dictates that only the legal heirs who survive the deceased are entitled to receive a share in the wealth left behind by the deceased.

 

If your eldest brother died before the death of your father, your deceased brothers wife or his children will have absolutely no share in the inheritance of your father.

But if your eldest brother was alive at the time of the death of your father, he indeed would be entitled to receive a share from the wealth left behind by your father as inheritance.

 

My father has left behind a property which is to be inherited by the family members. I want to know as what will be the shares according to the Isdlamic Shariah.


Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 11-14:

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 Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

14 But those who disobey Allah and His Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment.

 

The father and the mother of the deceased (your paternal grandparents), if alive at the time of the death of their child (your father) are also entitled to receive a share of the wealth as inheritance.

 

Thus assuming that both parents of your father (your paternal grandparents) died before the death of your father, and assuming that your eldest brother was alive at the time of the death of your father.the surviving legal heirs of your deceased father in Shariah would be his wife (your mother), five daughters and four sons. Assuming that the property left behind by your father was worth 100,000.00 the shares of each legal heir according to Shariah would be as follows:

  • The wife of the deceased would receive 1/8th or 12.50% or 12,500.00.
  • The balance 87,500 (100,000-12,500) will be divided into 13 equal parts of 6,730.76, with the sons receiving twice the share of the daughters. Thus each amongst the five daughters will receive 6,730.76 and each of the four sons will receive 13,461.53 (6,730.76 x 2).

 

If your grandparents and your eldest brother died before the death of your father, then the surviving legal heirs of your deceased father would be his wife (your mother), five daughters and only three sons. In such a scenario, the distribution of each of the legal heirs according to Shariah will be as follows:

  • The wife of the deceased would receive 1.8th or 12.50% or 12,500.00.
  • The balance 87,500 (100,000-12,500) will be divided into 11 equal parts of 7,954.54, with the sons receiving twice the share of the daughters. Thus each amongst the five daughters would receive 8,954.54 and each of the three sons would receive 15,909.09 (7,954.54 x 2).

 

Your Statement: My eldest brother has a wife and two children.

Your eldest brothers wife and his children are legal heirs of your brother, and they would inherit their prescribed shares from the wealth left behind by your deceased brother.

 

Daughters-in-law or grandchildren are not considered legal heirs in Shariah, thus if your eldest brother died before the death of your father, your brothers wife or his children will have absolutely no share from the wealth left behind by your deceased father.

 

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

 

Your brother and well wisher in Islam,

 

 

Burhan

 


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