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:
Please consider my question 24214 submitted for clarifications.
The question is as follows
What is the share of
in the property of a decaesed person .?
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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.
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 legal heirs of a deceased believer whose shares are prescribed in Shariah are:
- The father of the deceased
- The mother of the deceased
- The wife/wives of the deceased
- The son/s of the deceased
- The daughter/s of the deceased.
Only in cases where the deceased is not survived either by its father or by its son/sons, the brothers and sisters of the deceased will receive any share in the property of the deceased. If the deceased is survived either by its father or by its son/sons, the brothers and sisters will receive absolutely no share from the property of the deceased in Shariah.
Your Question: What is the share of
in the property of a decaesed person .?
Firstly, there is no specific share for zakah in the property left behind by the deceased; the fulfillment of the obligatory annual zakah dues is the responsibility of each individual before their death.
Thus assuming that the deceased left behind property worth 100,000.00 and is survived by his father, his mother, one wife, two sons, and two daughters, the inheritance distribution of the property of the deceased according to Shariah Law will be as follows:
- The father of the deceased will receive 1/6th or 16.67% or 16,666.67
- The mother of the deceased will receive 1/6th or 16.67% or 16,666.67
- The wife of the deceased will receive 1/8th or 12.50% or 12,500.00
- Because the legal heirs of the deceased include two sons and two daughters, in this particular situation the balance (100,000 16,666.67 -16,666.67 -12,500) or 54,166.66 will be divided into six equal parts of 9,027.77.thus the two daughters will each receive 9,027.77 and the two sons will each receive twice that amount or 18,055.55.
- Because the deceased is survived by its father and/or its son, the brothers, sisters, uncles, aunts, etc. would receive absolutely no share from the property of the deceased.
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,