Source: Fatāwā Rāshidiyyah, Page 644
❖ Question
Respected scholars are asked:
A man named ʿAlī Bakhsh passed away, leaving behind:
- One wife
- One son: Ḥamzah
- Three daughters: Nūr Khātūn, Maryam, Raḥmat
After this, the wife of ʿAlī Bakhsh also passed away. Her heirs were:
- One full brother: Ḥamzah Khān
- One half-brother (from mother’s side): Ṣāliḥ
- One full sister: Nūr Khātūn
Please explain, in the light of Sharīʿah, how the shares will be distributed.
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must first be remembered that from the estate of any deceased:
① The funeral and burial expenses are taken out.
② Debts are then repaid.
③ If a valid bequest exists, it is executed from up to one-third (⅓) of the estate.
④ The remaining estate, whether movable or immovable, is distributed among the heirs.
First Distribution: Estate of ʿAlī Bakhsh
Total Estate = 1 Rupee
- Wife = 2 āna
- Son Ḥamzah = 5 āna, 1/5 pāī
- Three daughters (Nūr Khātūn, Maryam, Raḥmat) = 2 āna, 9/3/5 pāī each
Second Distribution: Estate of ʿAlī Bakhsh’s Wife
Total Estate = 1 Rupee
- Son Ḥamzah = 5 āna, 4 pāī
- Half-brother Ṣāliḥ = 5 āna, 4 pāī
- Daughter Raḥmat = 2 āna, 8 pāī
- Daughter Nūr Khātūn = 2 āna, 8 pāī
Third Distribution: Estate of Raḥmat
Total Estate = 1 Rupee
- Full brother = 10 āna, 8 pāī
- Half-brother = Excluded
- Full sister = 5 āna, 4 pāī
Modern Decimal (Percentage) Distribution
Deceased: ʿAlī Bakhsh
Total Estate = 100%
- Wife = 12.5% (1/8)
- Son Ḥamzah = 35% (ʿAṣabah)
- Three daughters (ʿAṣabah) = 52.5% total → 17.5% each
Deceased: Wife of ʿAlī Bakhsh
Total Estate = 12.5% (her share from husband)
Divided among her heirs as listed above.
Conclusion
This is the proper distribution in accordance with the Sharīʿah of Muḥammad ﷺ.
ھذا ما عندی واللہ اعلم بالصواب
