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Inheritance general

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:

Assalamualaikum Wa Rahmatullah,


I would like to know about the Property Distribution or Money Distribution of parents among their Sons and Daughters in light of The Holy Quran.


I would like to know the exact percentage of the Sons and Daughters according to The Holy Quran.

Eagerly waiting for your Answer


Thanks in Advance.

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Inheritance general

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.

 

The basic Law regarding the shares of inheritance are Decreed by Allah Subhanah and derived from the following Aayahs of the Noble Quran:

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-14:


11 Allah (thus) directs you as regards your chldren'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.

 

Who amongst the legal heirs receive what percentage of the inheritance depends upon who amongst the heirs survive the deceased.

 

Under normal situations, the legal heirs whose shares of inheritance are prescribed in Shariah Law are:

  1. The father of the deceased
  2. The mother of the deceased
  3. The spouse of the deceased
  4. The sons and daughters of the deceased.

 

Thus for example a person dies and is survived by his father, his mother, his wife, two sons, and three daughters.and the value of the property he has left behind is 100,000, the shares according to Shariah would be as follows:

  1. The father of the deceased would receive 1/6th or 16.67% or 16,666.67
  2. The mother of the deceased would receive 1/6th or 16.67% or 16,666.67
  3. The widow of the deceased would receive 1/8th or 12.50% or 12,500.00
  4. The balance (100,000 (16,666.67, 16,666.67, 12,500)) 54,166.66 would be divided amongst the offspring in such a way that the sons get twice the share of the daughters. Thus in this particular example, the balance would be divided into seven equal parts (54,166.66/7) of 7,738.09 and each of the three daughters would receive 7,738.09 and each of the two sons would receive 15,476.18.

 

If you could kindly clarify who exactly amongst the legal heirs survives the deceased, we would be in a better position to guide you regarding the exact share of their inheritance in light of the Guidance of the Glorious Quran, Insha Allah.

 

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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