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 Salam Wa alaikum,

Dear brother thanks for your advice and your prompt reply.

Inshallah I will try to adhere with your advice.

Seeing your prompt reply I would like to ask some more questions.

Can you give the Division of my deceased father Miras. My father died in January this year, He had left around Indian Rupees 800,000. A house which in the name of my Mother. We are 3 children’s ( i.e. me, my sister and my small brother) with our mother now. Also my grandfather is still alive what his share is. My father has one brother and 4 sisters, do they also have a share in the Miras.

Please give the complete details of the division.

(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:

Distribution of inheritance

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.

1. Since the house was bought by your deceased father in the name of your mother, it would legally constitute a gift your father gave to your mother in his lifetime; thus that house would legally belong to your mother alone.
2. If the deceased is survived by his children, the brothers and the sisters of the deceased do not have any share in the inheritance.
3. If the deceased had left behind any will or debts, they have to be fulfilled first before the distribution of inheritance to the legal heirs.

Thus assuming that the deceased did not leave a will or have any debts, and the total wealth left behind was INR 800,000.00 the inheritance according to Shariah would be as follows:

1. The father of the deceased would receive 1/6^th of INR 800,000.00 or INR 133,333.33
2. The wife of the deceased would receive 1/8^th or INR 100,000.00
3. The balance (800,000.00 – (133,333.33+100,000.00)) of INR 566,666.67 would be divided into five equal parts of INR 113,333.33 and the two sons would each receive twice the share of the daughter. Thus the two sons each would receive INR 226.666.66 and the daughter would receive 113,333.33.

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