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:
My one friend married a woman she had a house and farming land. My friend left his house and stayed at his wife house and looking after her farming. He do not have any property, he depend on his wife property. He do not have any income. After some time he got only one daughter. Then after 20 year his wife has dead and daughter get married. My friend also get second maaried and get one son. His daughter stay with her husband. My friend control all property and income of the farming land. Now please advice how the house and farming land will be divided according to islamic law.
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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 4 Surah Nisaa 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.
At the death of the wife, the wealth which she left behind would be distributed amongst her legal heirs (her father, her mother, her husband, her children, etc.)
Because you have not provided us with all the relevant details, we will have to make some assumptions:
- We will assume that both the parents of the woman in question died before her.
- We will assume that the total value of the house/lands/properties/cash/jewelry, etc. left behind by the woman at the time of her death was 100,000.00.
Thus, assuming the above, the woman in question was survived by her husband and one daughter at the time of her death. Thus the wealth she left behind will be distributed as follows according to Shariah Law:
- Her husband would receive 1/4th or 25% or (in this assumption) 25,000.00
- Her daughter would receive or 50% or 50,000.00.
- The balance (100,000 25,000 -50,000) 25,000.00 will be distributed amongst her other legal heirs, ie brothers and sisters; if no brothers/sisters survived her, then the children of her brothers and sisters; or if she had no brothers/sisters, then to her uncles/aunts who survived her, etc.
The new wife of your friend, or the son resulting from that new marriage are not legal heirs of the woman who died; thereby they would not receive anything.
The marital status of the daughter of the woman who died will not effect her share of the inheritance left behind by her mother in any way whatsoever.
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,