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:

We are 5 sisters and two brothers. My mother owns an inherited property of 3600sq yards. She wants to divide this between her children based on Sharia laws.

Please let me know what will be the share of each of her children. 

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Answer:

Inheritance distribution

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.

As long as your mother is alive, she will remain the inherent owner of her property, and she is at liberty to gift a part or all of her property to whomsoever she wills and pleases. It is only after her death that her surviving legal heirs will have a right to her property.

Assuming that the property owned by your mother is worth say 100,000.00 and her surviving legal heirs are her father, her mother, her husband, two sons and five daughters. In such a situation the shares of each of the surviving legal heirs according to Shariah will be as follows:

1. Her father will receive 1/6^th or 16.67% or 16,666.67
2. Her mother will receive 1/6^th or 16.67% or 16,666.67
3. Her husband will receive 1/4^th or 25% or 25,000.00
4. The balance (100,000.00 – 16,666.67 -16,666.67 – 25,000.00) 41,666.66 will, in this situation, be divided into nine equal parts (4,629.62), and the sons will each receive twice the share of the daughters. Thus each of the five daughters will receive 4,629.62 and the two sons will receive (4,629.62 x 2) 9,259.25 each.

If the father, the mother, and the husband of your mother have all passed away and her only surviving legal heirs are her five daughters and two sons, the distribution of her wealth according to Shariah will be as follows:

Her 100,000 will be divided into nine equal parts (100,000.00 / 9) of 11,111.11; and the sons will receive twice the share of the daughters. Thus each of the five daughters will receive 11,111.11, and the two sons will receive 22,222.22 each.

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