Islamic Inheritance: Division Among Wife, Sons and Daughters

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Inheritance Distribution: Estate Among Wife, Three Daughters, and Four Sons

Source: Fatāwā Rāshidiyyah, Page: 602

❖ Question

What do the esteemed scholars say regarding the case where a man named Haji Allah Bakhsh passed away, leaving the following heirs:

◄ One wife
◄ 3 daughters
◄ 4 sons: Muhammad Bachal, Shafi Muhammad, Ali Muhammad, Wali Muhammad

Please clarify, according to the Shariah of Muhammad ﷺ, how much each heir will receive.

❖ Answer

Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!

First, it should be known that when a person passes away, the estate (property) is processed through the following stages:

➊ The expenses of shrouding and burial are deducted.
➋ If the deceased had any debt, it is to be repaid.
➌ If the deceased made a valid bequest, it shall be fulfilled from up to one-third of the wealth.
➍ After these stages, the remaining amount and property are considered as one rupee for distribution.

Method of Distribution

Deceased: Haji Allah Bakhsh
Estate: 1 Rupee

Heirs and Shares:

Heir Paisa Anna
Wife 00 02
Daughter 03 01
Daughter 03 01
Daughter 03 01
Son (Bachal) 06 02
Shafi Muhammad 06 02
Ali Muhammad 06 02
Wali Muhammad 06 02

The remaining 3 paisas will be divided into 11 parts:
◄ Each son receives 2 parts
◄ Each daughter receives 1 part

Qur’anic Evidences

Allah, the Exalted, says:
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾

And He also says:
﴿لِلذَّكَرِ‌ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾

Modern Decimal Distribution

Total Estate: 100

◄ Wife = 12.5 (1/8)
◄ 4 sons (ʿaṣabah) = 63.630 → 15.909 each
◄ 3 daughters (ʿaṣabah) = 23.683 → 7.954 each

ھذا ما عندی واللہ اعلم بالصواب