Fatwa #572623 May 2002South Africa
How my shares are to be distributed to my family members upon my death. Based on the scenarios below :-My death ie. Husband. I have a father, wife, son and two daughters. Also brothers and sisters.
Question
Scenario 1 - My death ie. Husband. I have a father, wife, son and two daughters. Also brothers and sisters. Scenario 2 - Death of my wife. She has no parents. Other family non Muslims. Husband, son and two daughters. Scenario 3 - On the death of husband and wife for above two cases. Family left would be husbands father, son and two daughters.
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%0AScenario 1: The estate will be divided into 96 equal shares and distributed%0D%0Aas follows: Wife receives 12 shares, Son receives 34 shares, Each daughter%0D%0Areceives 17 shares and Father receives 16 shares. Brothers and sisters do%0D%0Anot inherit.%0D%0A%0D%0AScenario 2: The estate will be divided into 16 equal shares and distributed%0D%0Aas follows: Husband receives 1 share, Son receives 2 shares and Each%0D%0ADaughter receives 1 share.%0D%0A%0D%0AScenario 3: The estate will be divided into 4 equal shares and distributed%0D%0Aas follows: Son receives 2 shares and each daughter receives 1 share.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai