Inheritance of mother.
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:
Assalam-u-Alikum,
Mera masla jaidad ki taqseem ke baray main hai.
Kya maan kay naam jaidaad wrasat main taqseem ho gi ya nahin?aur hogi to
kaise?uski Islam ki roo se kis tarha taqseem hogi?
Thankyou.
(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 of
mother
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 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.
Your Question: Kya maan kay naam jaidaad wrasat main taqseem ho gi ya nahin?
(Translation: Is the wealth in the name of a deceased ‘mother’ eligible for
distribution amongst her heirs?)
Beloved Brother, indeed the wealth left behind by any
deceased believer, whether the deceased be a male or a female, a child or an
adult, etc. will be liable for distribution amongst their surviving believing heirs
according to the shares prescribed in Shariah.
Your Question: aur
hogi to kaise?uski Islam ki roo se kis tarha taqseem hogi? (Translation: …and
if yes how? What is the guidance in Islam regarding its distribution?)
The normal legal
heirs of the woman (or a mother in this instance) are her father, her mother,
her husband, her son/s, and her daughter/s.
Thus the exact shares in the inheritance will be determined by the type
and number of the legal heirs which survive their mother.
For example, lets say a deceased mother left behind
$10,000.00 and is survived by her father, her mother, her husband, one son and
two daughters. In such a scenario the
distribution of the inheritance of the deceased ‘mother’ according to Shariah will
be as follows:
Her father will receive 1/6th or $1,666.67
Her mother will receive 1/6th or $1,666.67
Her husband will receive 1/4th or $2,500.00
The balance $4,166.67 will be divided into four equal
parts, with the son getting twice the share of the daughters; thus the son will
receive $2,083.33 and the two daughters will receive $1,041.66 each.
Thus depending on the exact type and number of legal heirs
who survived the deceased woman, each will be eligible to receive their
prescribed share according to the Laws of Shariah.
Thus if you could kindly let us know who amongst her legal
heirs are survived the deceased woman (mother in this instance), we would be
better able to guide you regarding the exact shares of the heirs according to
Shariah Law.
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