Fatwa #31844 June 2001Singapore
A person has 3 daughters, 1 son, 1 brother and 4 sisters. How should the estate of the deceased be divided ?
Answer
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* The Shar'ee ruling herein given is specifically based on the question
posed and should be read in conjunction with the question.
* The Madrasah bears no responsibility to any party who may or may not act
on this answer. The Madrasah being hereby exempted from loss or damage
howsoever caused.
* This answer may not be used as evidence in any court of Law without prior
written consent from the Madrasah
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Respected Brother-in-Islam
Assalaamu Alaykum Wa Rahmatullaahi Wa Barakaatuhu
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 five (5) equal shares and distributed
as follows:
Son receives : 2 shares
Each daughter receives : 1 shares
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.