Inheritance Distribution According to Shariah Principles
Reference: Fatāwā Rāshidiyyah, Page 610
❖ Question
What do the esteemed scholars say regarding this case:
Haji Muhammad Ramzan passed away, leaving behind:
◄ One son (Budho)
◄ Five daughters
◄ One wife
Afterwards, Budho Khan raised his nephew Wali Jan from childhood. When Wali Jan grew up, he contributed his earnings together with his uncle. Later, 40 acres of land were purchased with Wali Jan’s earnings while Muhammad Ramzan was still alive, and Wali Jan continued working alongside his uncle.
Later, Budho also passed away, leaving behind:
◄ Three wives
◄ Two daughters
◄ Mother
◄ Five paternal cousin sisters
Please explain, in light of Shariah, how the estate should be distributed among all heirs.
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must be known that before distribution of inheritance:
➊ Funeral and burial expenses are deducted.
➋ Any debts of the deceased are repaid.
➌ Any valid will is executed from up to one-third (⅓) of the estate.
➍ The remaining estate (movable or immovable) is taken as 1 Rupee and distributed among the heirs.
① Estate of Muhammad Ramzan
Total Estate: 1 Rupee
Heirs and Shares:
◄ Wife = 2 annas
◄ Son = 4 annas
◄ Five daughters = 2 annas each
② Case of 40 Acres of Land
◄ Out of the 40 acres purchased with joint earnings:
— 20 acres belong to Wali Jan, since they came from his efforts and he holds possession.
— 20 acres belong to Muhammad Ramzan, forming part of his estate.
③ Estate of Budho
Total Estate = 1 Rupee
Heirs and Shares:
◄ Three wives (jointly) = 2 annas
◄ Two daughters = 10 annas 8 paisas
◄ Mother = 2 annas 8 paisas
◄ Five paternal cousin sisters = 8 paisas
④ Decimal & Percentage System
Muhammad Ramzan’s Estate (Total = 100%)
◄ Wife = 12.5% (1/8)
◄ Son (ʿaṣabah) = 25%
◄ Five daughters = 62.5% (each 12.5%)
Budho’s Estate (Total = 100%)
◄ Three wives = 12.5% (each 4.166%)
◄ Two daughters = 66.66% (each 33.33%)
◄ Mother = 16.66% (1/6)
◄ Five paternal cousin sisters = 4.18% (each 0.836%)
ھذا ما عندی واللہ أعلم بالصواب
