Division of Inheritance
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:
Brother Burhan, Assalam o alaikum;
I am a bohra married woman and I have a question regarding division of property or wealth after father`s death. How it is done if father dies , one /two sons and one /two daughters survived. According to Quran how it should be divided after his death. Do we have to follow father`s will if it is not appropriate or having disputes. Or should follow according to Islam only. What happens if property is not divided and mother dies. If brother does not give to sister(s) according to Islam what are the Allah`s punishments? , Is it true that daughter should get 1/3 of total wealth and properties including residence subtracting father`s debt and funeral expenses? If father`s will is disregarded then is there any punishments? Please explain which will help many muslim sons and daughters who have no knowledge or guidance. Please keep my name in strict confidence. Jazak allah.
Other question: Can someone blame a person for somebody`s death without a proof ?
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Division of Inheritance
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Firstly, please allow us to explain the fundamental laws regarding the distribution of inheritance:
The first thing that must be paid from the wealth of the deceased are his debts.
If anything remains after paying his debts, then the next thing that must be acted upon is the will of the deceased. In Shariah, the deceased has a right to will upto a maximum of 1/3 (one-third) of his wealth to be given to anyone of his choice after his death, except that he cannot will anything to any of his legal heirs.
After the fulfillment of the debts and the will of the deceased, the balance amount will be distributed amongst his legal heirs, exactly according to the distribution parameters of the laws of inheritance of Allah Subhanah, as stated in the Glorious Quran.
Your question: How it is done if father dies , one /two sons and one /two daughters survived. According to Quran how it should be divided after his death.
The number of heirs the father leaves behind, will determine the distribution of the inheritance. The legal heirs of the person are his parents, his wife, and his children.
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 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.
Option 1: If father dies and leaves behind one wife, one son, and one daughter.
After paying the debt and will of deceased, the wife of the deceased will get 1/8th of the wealth, and the balance wealth will be divided into three parts: two parts will be given to the son, and one part to the daughter.
Option 2: If father dies and leaves behind his father, his mother, his wife, one son, and one daughter.
After paying the debt and will of deceased, the father and mother will both get 1/6th each, the wife will get 1/8th, and the balance will be divided into three parts: two parts will be given to the son, and one part to the daughter.
Option 3: If father dies, and leaves behind only one son and one daughter.
After paying the debt and will, the wealth will be divided into three parts: two parts will be given to the son, and one part to the daughter.
Option 4: If father dies, and leaves behind two sons and two daughters
After paying the debt and will, the wealth will be divided into six parts: each son will get 1/3rd each, and each daughter will get 1/6th each. That is the sons will receive two parts each and the daughters will receive one part each.
Option 5: If father dies, and leaves behind one wife, two sons and two daughters.
After paying the debts and will, the wife will get 1/8th of the wealth, and the balance wealth will be divided into six parts: each son will get 1/3rd each and each daughter will get 1/6th each.
There are many other options, depending on the number of heirs the father leaves behind. If you can give us the exact number of heirs the father has left behind, only then can the exact distribution of inheritance be determined.
Your question: Do we have to follow father`s will if it is not appropriate or having disputes. Or should follow according to Islam only.
The father has a right to will upto a maximum of 1/3rd of his wealth to be given to anyone of his choice (except his legal heirs) after his death, if he wishes to make a will. After completion of payment of debts and will of the deceased, the balance wealth will be distributed exactly as per the laws of Islam to his legal heirs.
Your question: What happens if property is not divided and mother dies.
In such a situation, where the property of the deceased is not yet distributed, and subsequently his wife also dies; then first the wealth of the father will be distributed according to the laws of Islam, and thus 1/8th of his wealth will be allocated to his wife. Then the 1/8th share of the wife will be distributed among her legal heirs (her mother, her father, and her children).
Your question: If brother does not give to sister(s) according to Islam what are the Allah`s punishments?
Allah Says in the Holy Quran immediately after the Revelations of distribution of inheritance in Chapter 4 Surah Nisaa verses 13-14:
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.
If one does not distribute the inheritance according to the laws of Allah Subhanah, the punishment prescribed for them is that these criminals will be admitted to a Fire to abide therein for ever!
Your question: Is it true that daughter should get 1/3 of total wealth and properties including residence subtracting father`s debt and funeral expenses?
After payment of debts and the will, if the only heirs are one son and one daughter, then the daughter will get 1/3rd, and the son 2/3rd. But if the deceased has parents or wives, then they will be given their shares and then the balance will be divided in a ratio where the son gets twice the share of the daughter. All the wealth that belonged to the father at the time of his death, be it cash, jewelry, property, business, land, house, cars, etc. will be considered the wealth of the deceased, and will be distributed amongst his heirs.
Your question: If father`s will is disregarded then is there any punishments?
If the fathers will is legal and valid and according to the Shariah, it is a right and a duty that it be followed and fulfilled exactly as per the deceaseds will. If the fathers will is not followed and fulfilled by the heirs, then it will be a huge sin on the heirs or the person responsible for distributing it, who basically took away the wealth that was the right of someone else.
Your question: Can someone blame a person for somebody`s death without a proof ?
If one doubts that there was foul play or negligence which resulted in the death of the deceased, he/she has a right to approach the appropriate authorities and ask them to investigate the matter.
But if one accuses another party without any reason or proof whatsoever, then obviously it will be slander and false accusation, and thus will be considered a huge sin in Islam.
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,