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:

Assalaam-alai-kum Brother,

I have a very specific question to ask regarding the inheritance in islam. What is the proportion of share/s received by the sons ,daughters in mother`s property. Mother has made a will before she died and hence will her husband also receive a share? If so, how much? How much do the sons and daughters get? Please help.

May Allah guide all of us.

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Answer:

Inheritance when mother dies

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 no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) 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 4 Surah Nisaa verses 11-13:

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 Apostle will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

In light of the guidance of the Quran and the Sunnah, Islamic Law permits the believers to make a will for a maximum of 1/3rd of their wealth to be distributed after their death; and it is absolutely prohibited in Shariah for a believer to bequeath any wealth in the will to those members who are his legal heirs. Thus the Shariah Court will not recognize any clause in the will which bequeaths more than 1/3rd of the wealth, nor will it recognize or honor the clause in the will of the deceased if the will allocates or bequeaths any wealth to any of the legal heirs of the deceased.

Your Question: What is the proportion of share/s received by the sons ,daughters in mother`s property. Mother has made a will before she died and hence will her husband also receive a share? If so, how much? How much do the sons and daughters get?

If the deceased has made a will, and in the will has bequeathed any share to her husband; that particular clause will not be honored as the husband is already a legal heir of his deceased wife; and it is not permissible in Shariah to make a will bequeathing any amount to one who already has a legal share in the inheritance of the deceased.

Case 1: The parents of the deceased died before her, and she is survived by her husband, 2 sons and 2 daughters.

According to Shariah Law, after the fulfillment of her debts and will (if any), the husband will receive 1/4^th, and the balance amount will be divided into 6 parts, whereby the sons would receive twice the amount of the daughters.

For example if the balance amount after the payment of debts and fulfillment of the will of the deceased (if any) was $10,000.00:

Then the husband would receive 1/4^th or $2,500.00

The balance $7,500.00 would be divided into six parts of $1,250.00.

The two sons would receive twice the share of the daughters, ie. $2,500.00 each.

The two daughters would receive $1,250.00 each.

Case 2: The deceased is survived by her husband, 1 son, 1 daughter, and her mother and her father.

According to Shariah Law, after the fulfillment of her debts and will (if any), the husband will receive 1/4^th, the mother will receive 1/6^th, the father will receive 1/6^th, and the balance amount will be divided into three parts, where the son would receive twice the share of the daughter.

For example if the balance amount after the payment of debts and fulfillment of the will of the deceased (if any) was $10,000.00, the distribution will be as follows:

The husband of the deceased will receive 1/4^th or $2,500.00

The mother of the deceased will receive 1/6^th or $1,666.66

The father of the deceased will receive 1/6^th or $1,666.66

The balance amount of $4,166.68 will be divided into three parts of $1,388.89.

The son would receive twice the share of the daughter, ie. $2,777.78

The daughter would receive $1,388.89.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan