So how much should Each brother get and how much should the Sister in Law Get if they sell a property say worth $10000
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:
So how much should Each brother get and how
much should the Sister in Law Get if they sell a property say worth $10000
Please reply ASAP
I am sorry to bug you but I hope you can
answer me in a simple Terms
We are
2 Brothers both Married
1 Sister in Law who is widow and remarried.
both parents have passed away
We want to know if we had $10000 from our
parents fortune how would it be devided agains us in Islamic ways.
Please assign amounts for each brothers and
for sister in law if she qualifies for any
(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 sister
in law
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 Chatper 4 Surah
Nisaa verses 11-12:
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.
Shariah Law guides that the ‘ashaab-ul-faraiz’ or direct
heirs which have a lawful proportioned share in the inheritance of any deceased
are as follows:
- Father
of the deceased.
- Mother
of the deceased.
- Wife/
Husband of the deceased.
- Sons/Daughters
of the deceased.
The wife of the son is a legal heir of her deceased
husband, but she is not a legal heir of the deceased father of her husband.
Beloved brother, if your brother died before
the demise of your father, the widow of your deceased brother will not receive
any inheritance from the wealth of your father; for the wife of a son is not
considered one of the legal heirs of her husband’s father in Shariah Law.
But if your brother died after the demise of
your father, it is your brother who is entitled to a share from his father’s
inheritance, and the widow of your deceased brother will then inherit only from
the wealth left by her husband depending on whether they had any children or
not. If they had children, she would
receive 1/8th of her deceased husband’s wealth as inheritance, and
if they had no children she would receive a 1/4th.
Thus to be absolutely precise we need the following
information to guide you regarding the exact distribution of inheritance
according to Shariah:
- Who
amongst the surviving heirs of your father were alive at the time of his
death? His father? His mother? His wife? And exactly how many sons and how
many daughters?
- Who
died first, the father or the son?
- Did
your deceased brother have any children or not? If yes, how many sons and
how many daughters were alive at the time of his death?
The marriage of the sons of the deceased father, or the
remarriage of the widow of the deceased brother have absolutely no relevance to
the distribution of inheritance.
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
Wister