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:

My sister in law who is 48 years old is divorced and has a son who is 21 years old.he lives with his mom since she was divorced when he was a one year old.my sister in law is a working lady.can the son demand his share in his father`s wealth and property?how much will he get? 

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Answer:

Inheritance of son of divorced 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.

The legal heirs of a deceased believer whose shares are prescribed in Shariah are:

1. The father of the deceased
2. The mother of the deceased
3. The wife/wives of the deceased
4. The son/s of the deceased
5. The daughter/s of the deceased.

Respected sister in Islam, absolutely regardless of whether his parents are married or divorced, and absolutely regardless of who holds the primary custody of the son…..a son born of one’s loin is and will remain a legal heir to his father’s property in Shariah Law.

Thus depending on who else amongst the legal heirs are alive at the time of his father’s death, the son will be accorded his share in the property and wealth left behind by his deceased father.

For example, if the deceased was survived by his father, his mother, one son and one daughter…..and assuming that the total value of the wealth left behind by the deceased was 100,000.00, the distribution of the deceased’s wealth amongst his surviving heirs according to Shariah will be as follows:

• The father of the deceased will receive 1/6^th or 16.67% or 16,666.67
• The mother of the deceased will receive 1/6^th or 16.67% or 16,666.67
• The balance (100,000 – 16,666.67 – 16,666.67) 66,666.00, in this particular case, will be divided in three equal parts of 22,222.22; and the son will receive twice the share of the daughter. Thus the daughter will receive 22,222.22 and the son will receive 44,444.44.

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