Inheritance Distribution: Shares of Wife, Daughter, Brother, and Cousin
Reference: Fatāwā Rāshidiyyah, Page 598
❖ Question
Respected scholars are asked about the following case:
A man named Manthar passed away, leaving behind:
◄ One wife
◄ One daughter
◄ One brother (Ahmad)
◄ One paternal cousin (brother)
Afterwards, Ahmad also passed away, leaving behind:
◄ One wife
◄ One daughter
◄ One niece (brother’s daughter)
◄ One paternal cousin (brother)
◄ Two paternal cousin (sisters)
Later, Ahmad’s wife also passed away, leaving behind:
◄ One daughter
◄ One brother
◄ Two sisters
What is the division according to the Shariah of Muhammad ﷺ?
❖ Answer
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!
Before the distribution of inheritance, the following steps are obligatory:
➊ Funeral and burial expenses must be paid.
➋ Any debts of the deceased must be repaid.
➌ If a valid will exists, it may be executed from up to one-third of the estate.
➍ After these deductions, the remaining estate is taken as 1 Rupee and divided according to the Shariah.
① Estate of Manthar
Total Estate: 1 Rupee
◄ Wife = 2 annas
◄ Daughter = 8 annas
◄ Brother Ahmad = 6 annas
◄ Paternal cousin = Deprived
Hadith Evidence:
((الحقوا الفرائض باهلها فما بقي فلأولى رجل ذكر))
[Sahih al-Bukhari, Kitāb al-Farāʾiḍ, 6735; Sahih Muslim, Kitāb al-Farāʾiḍ, 4141]
② Estate of Ahmad
Total Estate: 1 Rupee
◄ Wife = 2 annas
◄ Daughter = 8 annas
◄ Paternal cousin (brother) = 6 annas
◄ Niece = Deprived
◄ Two paternal cousin sisters = Deprived
Qur’an Evidence:
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾
③ Estate of Ahmad’s Wife
Total Estate: 1 Rupee
◄ Daughter = 8 annas
◄ Brother = 4 annas
◄ Two sisters = 4 annas (shared equally)
Qur’an Evidence:
﴿وَإِن كانَت وٰحِدَةً فَلَهَا النِّصفُ﴾ (Al-Nisāʾ: 11)
④ Decimal System Distribution
Deceased: Manthar (Total = 100)
◄ Wife (1/8) = 12.5%
◄ Daughter (1/2) = 50%
◄ Brother Ahmad (ʿaṣabah) = 37.5%
◄ Paternal cousin = Deprived
Deceased: Ahmad (Total = 100)
◄ Wife (1/8) = 12.5%
◄ Daughter (1/2) = 50%
◄ Paternal cousin (ʿaṣabah) = 37.5%
◄ Niece = Deprived
◄ Two paternal cousin sisters = Deprived
Deceased: Ahmad’s Wife (Total = 100)
◄ Daughter (1/2) = 50%
◄ Brother (ʿaṣabah) = 25%
◄ Two sisters (ʿaṣabah) = 25% (each 12.5%)
ھذا ما عندی واللہ أعلم بالصواب
