Source: Fatāwā Rāshidiyyah, Page 640
❖ Question
What do the scholars of Dīn state regarding this issue:
A man named Shaukat passed away, leaving the following heirs:
- One mother
- One wife
- Three sisters
- One paternal uncle
According to the Sharī‘ah of Muḥammad ﷺ, how will the inheritance be distributed among them?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ‘alā Rasūlillāh, ammā ba‘d!
When a person passes away, the estate is dealt with in the following order:
① The expenses of funeral and burial are covered.
② Any debts of the deceased are repaid.
③ If the deceased left a valid bequest, it is executed from up to one-third of the estate.
After these rights are fulfilled, whatever remains—whether movable or immovable—is divided among the heirs. For convenience, the estate is assumed as 1 Rupee.
Distribution of Inheritance
- Wife’s share: 3 parts
- Mother’s share: 2 parts
- Three sisters’ collective share: 8 parts
Note:
The total estate (1 Rupee) will be divided into 13 parts:
- 3 parts go to the wife.
- 2 parts go to the mother.
- 8 parts go to the three sisters, equally shared among them.
Qur’anic Evidences
Allah ﷻ says:
﴿وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ﴾ (an-Nisā’)
(And they [the wives] shall have a fourth of what you leave…)
﴿وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ﴾ (an-Nisā’)
(And for each of his parents, a sixth of what he leaves…)
﴿فَإِن كَانَتَا ٱثْنَتَيْنِ فَلَهُمَا ٱلثُّلُثَانِ مِمَّا تَرَكَ﴾ (an-Nisā’)
(If there are two [daughters/sisters], they shall receive two-thirds of what he leaves…)
Clarification
- The paternal uncle is excluded from inheritance because of the presence of the sisters.
Modern Decimal (Percentage) System
Total Estate = 100%
- Mother: 1/6 = 15.38%
- Wife: 1/4 = 23.08%
- Sisters (collectively): 2/3 = 61.54%
- Paternal uncle: Excluded (no share)
Conclusion
This is the proper distribution according to the Sharī‘ah of Muḥammad ﷺ.
ھذا ما عندی واللہ اعلم بالصواب
