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:

As Salaamu Alaikum,

Dear Brother in Islam,

I would like to ask you question related to Inheritance. Can you please reply in the light of Quran and Sahih Hadeeth of Prophet S.A.W.

My Father expired recently "May Allah Forgive him and Bless him with high rank in Paradise" Ameen. He left property and money and lot of Household items.

Alhamdullilah our Mother is Alive and we are 6 Brothers and 5 Sisters.

Can you please give us the workout/calculations as if to how to distribute the above mentioned things with reference to quran and hadith.

Jazakh Allah Khair

Your Brother in islam

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Answer:

Inheritance of father

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 no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) 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.

Beloved brother, you have not mentioned if the father and/or mother of the deceased is alive, for they too are what is known as ‘as-haab ul-faraiz’ in Islamic Jurisprudence, and if both or either of them were alive at the time of the death of the deceased, they too will have a share in the inheritance.

Scenario-1: If the parents of the deceased were alive at the time of the death, the distribution of the inheritance (for example if $100,000.00) according to the Commands of Allah and Shariah Law will be as follows:

The father of the deceased will receive 1/6^th or $ 16,666.66

The mother of the deceased will receive 1/6^th or $16,666.66

The wife of the deceased will receive 1/8^th or $12,500.00

Since the deceased is survived by 6 sons and 5 daughters, the balance amount ($54,166.58) will be divided into seventeen parts, whereby the sons will receive twice the amount of the daughters. Thus:

Each of the six sons will receive ($3,186.27 x 2) or $6,372.55

Each of the five daughters will receive $3,186.27.

If only one of the parents were alive at the time of the death of the deceased, then only that parent will receive the prescribed 1/6^th share of the inheritance, and the balance will be distributed amongst the 11 children, the sons share being twice that of the daughters.

Scenario-2: Assuming both the parents of the deceased died before him, and the deceased is survived only by his wife, six sons and five daughters; then the distribution of the inheritance (for example $100,000.00) according to the Commands of Allah and Shariah Law will be as follows:

The wife of the deceased will receive 1/8^th or $12,500.00

The balance ($87,500.00) will divided into seventeen equal parts, whereby the sons will receive twice the share of the daughters. Thus:

Each of the six sons will receive ($5,147.05 x 2) or $10,294.11

Each of the five daughters will receive $5,147.05.

In all cases, the inheritance will only be distributed amongst the heirs after the fulfillment of debts (if any) and the will (if any) of the deceased.

Whatever written of Truth and benefit is only due to Allah’s 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