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Fatwa #4817115 May 2022South Africa

Inheritance distribution for two wives and two sons

Question

Kindly issue a letter of inheritance for the above named deceased. The deceased left 2 (two) wifes and he had 2 sons from the first wife. Both wifes are alive and so are the sons. He has brothers and sisters. Please issue us with a certificate of distribution.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykumwa-rahmatullāhiwa-barakātuh. 

DISCLAIMER

• The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

• Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is 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 of the Darul Iftaa

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) have been paid out. Thereafter, ALL assets form part of the Net Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

We have been advised that the deceased is survived by:

  • Two wives
  • Two sons
  • Brothers
  • Sisters

According to the Islamic laws of succession and inheritance, the estate will be divided into 16 (sixteen) shares as follows:

BENEFICIARY

SHARES

PERCENTAGE

WIFE 1

1

6.25%

WIFE 2

1

6.25%

SON 1

7

43.75%

SON 2

7

43.75%

TOTAL

16

100%

The brothers and sisters will not inherit. 

This calculation is based on the heirs mentioned in the query. If the deceased is survived by any other heirs not mentioned in the query, then this ruling will not apply.

And Allah Ta’ala Knows Best

Ebrahim Ibn Ahmed Dadan

Student Darul Iftaa
Pietermaritzburg, South Africa

Checked and Approved by, 
Mufti Ebrahim Desai.

(15/06/2021) 

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