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:

Facts:
My sister in law is a widow and having 2 children in- the age of 13 (girl) and 8 (boy).

Husband had 4 properties: A house given- on rent, a shop given on rent, a house where they live and vehicle. And some cash left in the bank.

Mother-in-law, brother-in-law (a bank manager) and- two sisters-in-laws are living and well settled down

After her husband's- death, brother-in-law insisted to write 1/6th of all assets to mother-in-law and she did.

She is getting income from 2 rented properties which is hardly- manageable to meet children schooling and day to day requirement.

- Mother-in-law is not healthy need lot of assistance and brother-in-law insists that she should look after and spend for her needs.

Questions:
1. Does Shari'a says that the widow should look after, where as son and two daughters are well off?

2. Should the mother-in-law get 1/6th of the earnings from rented properties, where that is barely insufficient for her and children?

3. Should she be giving Zakath from her above mentioned earnings?

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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.

Your Question: ….My sister in law is a widow and having 2 children in- the age of 13 (girl) and 8 (boy).

Husband had 4 properties: A house given- on rent, a shop given on rent, a house where they live and vehicle. And some cash left in the bank.

Mother-in-law, brother-in-law (a bank manager) and- two sisters-in-laws are living and well settled down

After her husband's- death, brother-in-law insisted to write 1/6th of all assets to mother-in-law and she did.

Allow us to assign some values to the wealth left behind by the deceased to make the matter clearer:

1. ‘the house given on rent’ value: 50,000.00
2. ‘the shop given on rent’ value: 70,000.00
3. ‘the house where they live’ value: 100,000.00
4. ‘the vehicle’ value: 10,000.00
5. ‘the cash’ value: 20,000.00.

Total value of the wealth left behind by the deceased: (50,000 + 70,000 + 100,000 + 10,000 + 20,000) = 250,000.00.

Assuming that the surviving legal heirs of the deceased were his mother, his wife, one son and one daughter…..the wealth left behind by the deceased should be distributed amongst the surviving legal heirs according to Shariah Law as follows:

1. The mother of the deceased will receive 1/6^th or 16.67% of the total wealth left behind by her son; ie. 41,666.67.
2. The widow of the deceased will receive 1/8^th or 12.50%; ie. 31,250.00.
3. Because the deceased was survived by one son and one daughter, the balance (177,083.33) will be divided into three parts (59,027.77) and the son will receive twice the share of the daughter. Thus the daughter will receive 59,027.77 and the son will receive 118,055.55.

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.

Q-1: Does Shari'a says that the widow should look after, where as son and two daughters are well off?

The widow of the deceased has absolutely no legal obligations to take care or look after the mother of her deceased husband….that responsibility lies upon the son and the two daughters of her mother-in-law.

Q-2: Should the mother-in-law get 1/6th of the earnings from rented properties, where that is barely insufficient for her and children?

Allah Subhanah has prescribed that the mother of the deceased shall be entitled to 1/6^th or 16.67% of the total wealth left behind by her deceased son.

Q-3: Should she be giving Zakath from her above mentioned earnings?

The mother of the deceased is the owner of 1/6^th or 16.67% of the total wealth left behind by her deceased son; and she will be responsible to pay the zakah on her share of her excess assets.

The wife is the owner of 1/8^th or 12.50% of the wealth left behind by her deceased husband; and she will be responsible to pay the zakah on her share of her excess assets.

Similarly, the son and the daughter of the deceased will be responsible to pay the zakah on their excess assets.

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