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Home Answers General Inheritance (Meeraath) Inheritance Distribution as per Islam

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Inheritance Distribution as per Islam

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inheritanceAnswered by Mufti Muhammad Zakariyya Panchbhaya

Question:

Assalaamu-Alaikum. My late father passed away leaving my mother, 4 males and 4 females. One of my younger sisters lived with her family in the house and they have now migrated to the USA. She asked my younger brother and his family who lived in the village to move in the house. This brother of mine recently migrated to the USA and I discussed with all my siblings including my mother that we should resolve the property through the 'Islamic Inheritance Laws'. The costs to up-keep this property cannot be shared by all due to financial constraints.

Please outline the rulings in the divisions of this only inheritance i.e. house and land valued at approximately 15K USD. There are legal problems as my late father did not leave a will and the land is still registered in his name. The legal costs to change can be very high and the majority of my siblings agreed to sell this property to one or two of the sons to keep it in the family.

Once again there are 4 sons and 4 daughters. All 8 children and our Mom are alive and living overseas. This property is located in Guyana, South America and the value is 3 million GD or 15000 USD.

Answer:

As-Salaamu 'Alaikum Wa Rahmatullaahi Wa Barakaatuhu

We acknowledge receipt of your query regarding the distribution of your late father’s wealth. We pray that Allah Ta’aala grant him Jannatul Firdous and the loftiest of positions in paradise. Ameen. Our answer is as follows:

We applaud you on your effort to convince your family members regarding the wealth of your late father to be distributed according to the Islamic laws of inheritance. Based on the premise that the given information is correct and accurate and after settlement of the primary dues of the deceased such as burial expenses and debts, from 1/3 of the residue, implementation of bequests of the deceased (in the form of wasiyyah, fidyah for missed Salaah and performance of Hajj etc.), the estate will be divided as illustrated in the table below:

Heirs

Share portfolio

Share percentage

Wife

12

% 12.5

1 Son

14

% 14.5833

2 Son

14

% 14.5833

3 Son

14

% 14.5833

4 Son

14

% 14.5833

1 Daughter

7

% 7.2916

2 Daughter

7

% 7.2916

3 Daughter

7

% 7.2916

4 Daughter

7

% 7.2916

Total

96/96

99.99

As you may have noticed, there is a remainder of 0.01 % in the above table. This is due to the difficulty of rounding off percentages. This amount may be given to one of the sons or daughters with the consent of the remaining heirs or given in charity. Otherwise, if possible, it may be redistributed according to the aforementioned shares/percentages.

You mentioned that your father did not leave a will behind and due to this, there are legal complications involved.

The lesson we learn here is the importance of writing out a will in advance. Rasulullah sallallahu alaihi wasallam is reported to have said, "It is the duty of a Muslim who has anything to bequest, not to let two nights pass without writing a will regarding it." (Sahih al-Bukhari)

Never the less, seeing that your father didnot leave a will behind, the legal costs will be executed from the estate of the deceased. Whatever remains, should be distributed according to the shares designated in the table above.

And Allah Knows Best