Fatwa #542722 April 2002Pakistan
Distribution of wealth
Question
dear mufti sahib,please guide me in distributing the inheritance under the following circumstance. there are four brothers with their mother alive.the eldest and the youngest are equal partners in the business with the other two have nothing to do with their business.now the eldest brother dies leaving behind him a mother , a wife,two sons and two daughters.the sons aged 16&7yrs and the daughters 19&12yrs respectively.now mufti sahib please guide us how to evaluate it all.
Answer
At the outset, it must be pointed out that the heirs of an Estate may only%0D%0Abe determined upon one's demise.%0D%0A%0D%0AAccording to the Islamic Law of Succession and Inheritance, distribution of%0D%0Aan Estate will only commence after funeral expenses, debts and bequests (if%0D%0Aany) made to non-heirs - which will not exceed one-third (1%2F3) of the Estate%0D%0Aafter debts and funeral expenses - have been settled. Thereafter, all assets%0D%0Aform part of the Net Estate and will have to be distributed according to the%0D%0AIslamic Law of Succession and Inheritance.%0D%0A%0D%0AThe nett estate will be divided into one hundred and forty-four (144) equal%0D%0Ashares and distributed as follows: Wife receives 18 shares, Each son%0D%0Areceives 34 shares, each daughter receives 17 shares and mother receives 24%0D%0Ashares.%0D%0A%0D%0A50% of the business in partnership will form part of the estate and all the%0D%0Aheirs of the deceased brothers will be partners in the business according to%0D%0Atheir share from the estate. The youngest brother may mutually agree with%0D%0Athe eldest brother to purchase their shares from the business.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai