Complete Shar‘i Distribution of Inheritance According to Islamic Principles
📖 Source: Fatawa Rashidiyyah, Page 616
Question
The scholars were asked about a woman who passed away, leaving behind the following heirs:
◈ Husband
◈ Father
◈ Mother
◈ 2 Sons
◈ 2 Daughters
Her estate consisted of:
◈ 12 acres of land
◈ 10 tolas of gold
◈ 5,000 rupees in cash
How should this estate be distributed according to the Shari‘ah of Muhammad ﷺ?
Answer
Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!
The distribution of inheritance will be carried out strictly according to the principles of Shari‘ah in the following manner:
Step 1: Payment of Expenses
Before dividing the estate, the following must be settled:
① Funeral Expenses: First, the burial expenses will be paid from the deceased’s estate.
② Debt Repayment: If the deceased owed any debts, they must be repaid.
③ Execution of Valid Will: If the deceased left a Shar‘i will, it will be fulfilled from up to one-third of the property, provided it conforms to Shari‘ah.
After these three steps, whatever remains will be divided among the heirs.
Step 2: Distribution of Inheritance
To simplify, the total estate (land, gold, and cash) is considered as 1 rupee (or 16 annas = 64 paisa).
1. Husband’s Share → 1/4
﴿فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ﴾ [al-Nisa]
“If they (wives) have a child, then for you (husbands) is one-fourth of what they leave behind.”
◈ Husband receives 4 annas (¼ of the estate).
2. Father’s and Mother’s Share → 1/6 each
﴿وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ﴾ [al-Nisa]
“And for each of the parents, one-sixth of what she leaves behind.”
◈ Father: 2 annas 8 paisa (1/6)
◈ Mother: 2 annas 8 paisa (1/6)
3. Children’s Share → As residuaries (عصبات)
The remainder (6 annas 8 paisa) will be distributed among the children.
﴿يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾ [al-Nisa]
“Allah instructs you concerning your children: for the male is the share of two females.”
◈ Each son = double the share of a daughter.
Detailed Breakdown (assuming 1 rupee = 16 annas = 64 paisa)
| Heir | Share | Explanation |
|---|---|---|
| Husband | 4 annas | ¼ share |
| Father | 2 annas 8 paisa | 1/6 share |
| Mother | 2 annas 8 paisa | 1/6 share |
| Son 1 | 2 annas 2 paisa | Residuary |
| Son 2 | 2 annas 2 paisa | Residuary |
| Daughter 1 | 1 anna 1 paisa | Residuary |
| Daughter 2 | 1 anna 1 paisa | Residuary |
(Note: Remaining 2 paisa were divided proportionally among the children as per the rule of 2:1 ratio for sons and daughters.)
Decimal System (Modern Percentage Distribution)
| Heir | Total Share (%) | Each Share (%) |
|---|---|---|
| Husband | 25% | – |
| Father | 16.66% | – |
| Mother | 16.66% | – |
| 2 Sons | 27.786% | 13.893% each |
| 2 Daughters | 13.893% | 6.946% each |
Conclusion
The inheritance of the deceased woman must be distributed as outlined above. The husband, parents, sons, and daughters all receive their specified Shar‘i shares.
ھذا ما عندی، واللہ أعلم بالصواب