Islamic Rules of Inheritance for Sons, Daughters, Wife, and Nephews

Distribution of Inheritance: Sons, Daughters, Wife, and Nephews According to Sharīʿah

Source: Fatāwā Rāshidiyyah, p. 580

Question:

The scholars were asked regarding a man named Ḥakīm who passed away, leaving behind the following heirs:

• Two sons: Ḥājī Mitho and Ḥājī Meyod
• Two daughters: Bhurran and Bakhtāwar

After this, Ḥājī Mitho passed away, leaving the following heirs:

• Two sons: Ḥājī Ḥusain and a mute son
• Eight daughters

Later, Ḥājī Meyod also passed away, and his heirs were:

• One wife
• Two nephews (i.e., sons of Ḥājī Mitho)

According to the principles of Islamic inheritance (ʿilm al-farāʾiḍ) and the Sunnah of the Prophet ﷺ, how will the shares be divided?

Answer:

Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿammā baʿd!

Before the distribution of the deceased’s estate, the following must first be fulfilled:

① Funeral and burial expenses are paid from the estate.
② Any debts of the deceased are settled.
③ Any valid bequests (up to one-third of the estate) are executed.
④ The remainder is then distributed among the heirs.

Step 1: Distribution of Ḥakīm’s Estate

Heirs:

• Son: Ḥājī Mitho
• Son: Ḥājī Meyod
• Daughter: Bhurran
• Daughter: Bakhtāwar

Division (assuming estate = 1 rupee):

• Ḥājī Mitho: 5 āna 4 pāī
• Ḥājī Meyod: 5 āna 4 pāī
• Bhurran: 2 āna 8 pāī
• Bakhtāwar: 2 āna 8 pāī

Step 2: Distribution of Ḥājī Mitho’s Estate

Heirs:

• Two sons: (Ḥājī Ḥusain and mute son)
• Eight daughters

Division (estate = 1 rupee):

• Each son: 2 āna 8 pāī
• Eight daughters (collectively): 10 āna (to be shared equally)

Step 3: Distribution of Ḥājī Meyod’s Estate

Heirs:

• Wife
• Two nephews (ʿaṣabah, since he left no children)

Division (estate = 1 rupee):

• Wife: 4 āna
• Two nephews (jointly 12 āna → 6 āna each)

Final Distribution in Decimal (Modern) Percentages

Deceased: ʿAbd al-Ḥakīm – Total Estate = 100%

Deceased: Ḥājī Mitho – Estate = 33.33%

Deceased: Ḥājī Meyod – Estate = 33.33%