Fatwa #297022 May 2001United States of America
Will brothers of a man who has no sons inherit his property?
Question
If a man has 5 daughters, a wife but no sons, will his brothers be inheritors of his property if he was to pass away? If yes how much will everyone inherit?
Answer
At the outset, it must be pointed out that the heirs of an Estate may only
be determined upon one's demise.
According to the Islamic Law of Succession and Inheritance, distribution of
an Estate will only commence after funeral expenses, debts (including legal
costs) and bequests (if any) made to non-heirs - which will not exceed
one-third (1/3) of the Estate after debts and funeral expenses - have been
settled. Thereafter, all assets form part of the Nett Estate and will have
to be distributed according to the Islamic Law of Succession and
Inheritance.
The nett Estate will be divided into one hundred and twenty (120) equal
shares and distributed as follows:
Wife receives : 15 shares
Each daughter receives : 16 shares
Brother receives : 25 shares
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.