Is it OK for me to leave 2/5 of my wealth to my mother and 3/5 to my sister?

Question

I am trying to devise a Shariah compliant will for myself.

I am a single male. I have never been married. I do not have any children. I have my mother and one full sister.

I do not have any contact with my father. I have not seen or spoken to him for over 20 years. I do not know where he lives and I do not have any contact details of his. In fact I do not even know if he is alive. I know I have one half-brother as my father was married to another woman but again I have no contact details for him. I do not know if I have any other half-brothers or half-sisters but it is likely that I have but again I do not have any contact details for them.

Accepted Answer

According to the Shari’ah laws of inheritance and succession, your father is entitled to 1/6 of your estate and the residue if there is a residue. In the presence of your father, your brothers and sisters will not inherit. They will inherit if your father is not alive.

It is, therefore, imperative that you make an all out effort to trace him and enquire whether he is alive or not. The same should be done regarding your brother. You cannot simply give 2/5 to your mother and 3/5 to your sister. If your father is not alive, your mother will be entitled to one sixth of your estate, your sister will be entitled to ½ and the remaining to your paternal brothers and sisters.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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