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:
According to Shariah how a property is divided on death of father in the family of four. Father - Mother - daughter & Son. Movable and Immovable.
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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.
Brother if a man dies leaving his wife, a daughter and a son only as his surviving legal heirs then the property is to be distributed as follow:-
First of all, all the debts, funeral expenses of the deceased is to be met before any distributions can be made. Then:-
12.5% of the total wealth will be given to the wife.
Then the balance amount is to be divided into 3 equal parts, AND
1 part is to be given to the daughter, &
2 parts is to be given to the son.
The above equation is if the deceased is not survived with either of his parents. In one or both his parents are alive then the shares will change.
The above equation should be used with movable and immovable assets. Every asset is to be given a value and then divided as per the above formula.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is only ones. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,
Members of Islamhelpline