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:

Dear Brother in Islam,

Assalam alaikum. Thank you for helping ignorant people like us by guiding us to the right path of Islam. May Allah Subhanah reward you for your work.

I would like to know about the share in property. I read somewhere that if a man has a son and a daughter than daughter gets one third or half and remaining the son gets. I also read if a person's father is alive then he too gets a share and so does his brothers and his wife too.

Can you please tell me giving an example like out of 100 rupees how much will a wife, son, daughter, father and brothers get. Also I would like to know if a man has step sister and half brother alongwith his own brothers than are they too eligible for the share in a man's property? If a man buys a house for his wife in her name does the man's parents or any other relatives has any share in it? Are the man's nephews and nieces eligible for a share in the man's property even though it is his own hard earned money and not inherited property?  If a man buys jewellery for his wife then who all is eligible for the share in the jewellery? If a wife owns property given to her by her parents then except husband and children who all is eligible for a share in it, like anyone from her in laws or her parent's side? If a man has hard earned money not a family property and if he doesnt wish to give anyone except his wife and children then is it right or wrong in Islam?

Dear brother if we know that our relatives wont give any share to our kids from our own hard earned property or anything after our death and we make a will stating that all the wealth or property should go only to children then is it haram? Who can be made guardian in this case? For example, if a man's parents or relatives dont intend to give anything to his children so who can be guardian for his minor children and his property except his wife? I heard even if a man makes a will to give everything to his children then according to Sharia his relatives still has share in the property, is it true?

Please enlighten me in this matter as soon as possible.

 
Jazakallah khair.

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Answer:

Inhertiance detailed clarification

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.

In Islamic Fiqh or Jurisprudence terminology, there are two types of legal heirs:

1. One, which are called ‘Ashabul Faraiz’ or those heirs whose inheritance percentage has been specifically declared by Allah Subhanah. They are:

1. The father of the deceased.
2. The mother of the deceased.
3. The spouse (husband/wife) of the deceased.
4. The offspring (sons/daughters) of the deceased.

2. And the other are the ‘warith’ or the other blood-related legal heirs of the deceased (brothers, sisters, uncles, aunts, cousins, etc.); who will only receive their inheritance after the shares of the ‘Ashabul Faraiz’ are allocated and there is a balance left in the inheritance.

Your Question: Can you please tell me giving an example like out of 100 rupees how much will a wife, son, daughter, father and brothers get.

Inheritance distribution depends entirely upon who amongst the legal heirs is alive at the time of the death of the deceased. Thus if a deceased is survived by one wife, one son, one daughter, father, mother, and two brothers, the wealth of the deceased will be distributed as follows, according to Shariah Law:

1. The father of the deceased will receive 1/6^th or 16.67%.
2. The mother of the deceased will receive 1/6^th or 16.67%.
3. The wife of the deceased will receive 1/8^th or 12.50%.
4. The balance (100-16.67-16.67-12.50) 54.16 will all be distributed between the off-spring of the deceased, the son getting twice the share of the daughter. Thus in this particular situation, the balance will be divided into three equal portions of 18.05, and the son will receive (18.05 x 2) 36.10% and the daughter will receive 18.05%.
5. Because the deceased left behind a son, other than the ‘as-haab ul faraiz’, no other ‘wariths’ will have any share. In such a situation the brothers, sisters, uncles, aunts, cousins, etc. will receive no share in the wealth of the deceased.

Your Question: I read somewhere that if a man has a son and a daughter than daughter gets one third or half and remaining the son gets.

If the deceased is survived by only one son and one daughter, and assuming that all the other ‘as-haab ul faraiz’ (mother, father, and wife) of the deceased died before him….the distribution of the wealth of the deceased according to Shariah Law will be as follows:

The son will receive twice the share of the daughter; thus in this particular situation the wealth will divided in three equal portions, and the daughter will thus receive 1/3^rd or 33.33% and the son 2/3^rd or 66.66%.

Again, because the deceased was survived by a son, other than the ‘as-haab ul faraiz’ (son and daughter in this case), no other ‘wariths’ will have any share. Thus even the deceased is survived by brothers and sisters, aunts and uncles, cousins, etc….because the deceased was survived by his son, the other ‘wariths’ will not receive anything as inheritance.

Your Question: I also read if a person's father is alive then he too gets a share and so does his brothers and his wife too.

The father and wife are amongst the ‘as-haab ul faraiz’, and they will have a share in the wealth of the deceased, their exact share depending upon who else amongst the ‘as-haab ul faraiz’ survived the deceased.

Thus in a case where the deceased is survived only by his father and his wife, and assuming that the mother of the deceased died before his death, and the deceased is not survived by any of his off-spring (no sons and no daughters)…then the distribution of his wealth according to Shariah will be as follows:

1. The wife will receive 1/4^th or 25%.
2. All the rest (3/4^th or 75%) will go to the father.

Because the deceased was survived by his father, the other ‘wariths’ (brothers, sisters, uncles, aunts, etc.) will receive nothing.

Your Question: Also I would like to know if a man has step sister and half brother alongwith his own brothers than are they too eligible for the share in a man's property?

Firstly, if the deceased is survived by his father or his son/s, then the brothers and sisters of the deceased, regardless of whether they are full or half brothers/sisters, they will receive nothing from the inheritance of the deceased.

Only in the situation where one is not survived by his father or his son/s will the brothers and sisters receive a share in the inheritance of their deceased brother.

Half-brothers or half-sisters are of two types: one from a common mother, and one from a common father. According to Shariah Law, half-brothers/sisters from a common mother will receive a share similar to full brothers/sisters; but half-brothers/sisters from a common father will only receive the share if one has no full brothers/sisters…..but in all situations, the brothers and sisters, regardless of whether half or full, will only receive a share if the deceased is not survived by either his father or his son/s; for if the deceased is survived by either his father or his son/s, the brothers and the sisters will receive nothing.

Your Question: If a man buys a house for his wife in her name does the man's parents or any other relatives has any share in it?

If a husband chooses to gift some property unto his wife in his lifetime, then the wife will be considered the legal and sole owner of the property.

If the husband dies, the parents or the other relatives of the husband have obviously no right over the property which belongs to the wife.

This property of the wife will be distributed amongst her surviving legal heirs when she dies; ie. her father, her mother, her husband and her children according to their prescribed shares in Shariah.

Your Question: Are the man's nephews and nieces eligible for a share in the man's property even though it is his own hard earned money and not inherited property?  

Firstly, there is no difference or distinction between self-earned wealth or inherited wealth in Shariah.

Although nephews and nieces are amongst the ‘wariths’ or legal heirs, they will only receive the inheritance if the deceased is neither survived by his father, or his sons, or his brothers and sisters….then and only then will the nephews and nieces be eligible to receive their share of the inheritance.

• Thus if one dies and is survived by either his father or his son/s, the brothers, sisters, nephews, nieces, will all receive nothing.
• If one has neither father nor son/s, then the inheritance will be shared by the brothers and the sisters of the deceased; the nephews and nieces will receive nothing.
• If one is survived neither by one’s father, nor children, nor brothers, nor sisters….then and only then will the nephews and nieces be eligible to receive the inheritance.

Your Question: If a man buys jewellery for his wife then who all is eligible for the share in the jewellery?

If a husband chooses to buy or gift some jewelry unto his wife in his lifetime, then the wife will be considered the legal and sole owner of the jewelry.

This jewelry (or property) of the wife will be distributed amongst her surviving legal heirs when she dies; ie. her father, her mother, her husband and her children according to their prescribed shares in Shariah.

Your Question: If a wife owns property given to her by her parents then except husband and children who all is eligible for a share in it, like anyone from her in laws or her parent's side?

The source of how one became the owner of one’s property is absolutely irrelevant and immaterial when deciding its distribution at the time of inheritance. Thus regardless of whether the property was gifted to the wife by her parents, or by her husband, or by her friend, or she had bought this property with her own wealth….she will be considered the legal owner of the property.

At the death of the wife, her ‘as-haab ul faraiz’ will inherit her property according to the Shares prescribed by Shariah. Thus (lets say) the wife is survived by her father, her mother, her husband, two sons, and three daughters…..their distribution according to Shariah will be as follows:

6. Her father will receive 1/6^th or 16.67%.
7. Her mother will receive 1/6^th or 16.67%.
8. Her husband will receive 1/4^th or 25.00%.
9. The balance (100-16.67-16.67-25.00) 41.66 will all be distributed between the off-springs of the deceased, the sons getting twice the share of the daughters. Thus in this particular situation, the balance will be divided into seven equal portions of 5.95%, and each of her two sons will receive (5.95 x 2) 11.90% and each of her three daughters will receive 5.95%.
10. Because the deceased was survived by her father/son, other than the ‘as-haab ul faraiz’, no other ‘wariths’ will have any share. In such a situation the brothers, sisters, uncles, aunts, cousins, etc. will receive no share from her wealth.

Your Question: If a man has hard earned money not a family property and if he doesnt wish to give anyone except his wife and children then is it right or wrong in Islam?

In his own lifetime, the man is at liberty to do what he wants with his wealth. If he wills he may give or gift a part or all of it to his wife, or to his children, or to his friends, or to whomsoever he wills and pleases.

At his death, it is only the properties which belonged to him which will be distributed amongst his legal heirs according to the exact shares prescribed by Allah Subhanah.

One is at liberty to do whatever one wills with one’s wealth during one’s own lifetime. But for one to make a will or bequeath that after his death, all his property be distributed only amongst his wife and his children, thus depriving the other ‘as-haab ul faraiz’ like his mother and his father would be absolutely unlawful, illegal, null and void in the Sight of Shariah Law and a grave sin in the Sight of Allah Subhanah.

Your Question: Dear brother if we know that our relatives wont give any share to our kids from our own hard earned property or anything after our death and we make a will stating that all the wealth or property should go only to children then is it haram?

There is allowance in Shariah for a believer to make a will, but it is not at all permissible in Shariah for one to make a will which would change, add, subtract, or alter in the least the percentage of the distribution which Allah Subhanah Himself has prescribed for each amongst his legal surviving heirs.

To make one’s children the sole heirs in their will, when Allah Subhanah has Himself prescribed shares for the father, the mother, and the wife in the wealth of the deceased believer would indeed be unlawful in the Sight of Shariah Law and of Allah Subhanah!

To make such a will would not only be ‘haraam’, prohibited, and an absolutely grave sin in the Sight of Allah Subhanah, but it will be deemed absolutely null and void if taken to a Shariah Court by the other legal heirs.

Your Question: Who can be made guardian in this case? For example, if a man's parents or relatives dont intend to give anything to his children so who can be guardian for his minor children and his property except his wife?

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-14:

11 Allah (thus) directs you as regards your children's (inheritance): …….. 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……..

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.

There are only a handful of sins more heinous or graver in the Sight of Allah Subhanah than the intentional misappropriation of the inheritance or wealth of orphans.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 2:

2 To orphans restore their property (when they reach their age), nor substitute (your) worthless things for (their) good ones; and devour not their substance (by mixing it up) with your own. For this is indeed a Great Sin.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 10:

10 Those who unjustly eat up the property of orphans eat up a fire into their own bodies: they will soon be enduring a blazing Fire!

Allah Says in the Holy Quran Chapter 17 Surah Israa verse 34:

34 Come not nigh to the orphan's property except to improve it.

After the death of the father, it is the responsibility of each heir that they fear Allah Subhanah and take and accept only what is their rightfully prescribed share of the inheritance. If anybody intentionally mis-appropriates the prescribed shares of the inheritance, they will be held severely accountable for their transgression in the Court of Allah Subhanah on that Inevitable Day of Judgment.

Thus it is not one person who is responsible, but everyone holds equal responsibility; and if one amongst the heirs feels that their share of inheritance has been compromised, they are well within their rights to approach a Shariah Court and seek their appropriate share of inheritance.

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws), one can be assured of never ever being misled; but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.

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