Source: Fatāwā Rāshidiyyah, Page 637
❖ Question
A query is presented to the respected scholars:
If a person named ʿĪsā passes away, leaving behind as heirs a wife, three sons (Ghulām Rasūl, Ghulām Ḥusain, and Ḥājī Chhachho), and eight daughters, then according to the Sharī‘ah of Muḥammad ﷺ, how much share will each heir receive?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ‘alā Rasūlillāh, ammā ba‘d!
First, it must be understood that the estate of any deceased person is disposed of in the following order:
① Funeral and burial expenses are taken out from the deceased’s property.
② If the deceased owed any debts, they are paid from the estate.
③ If the deceased made a valid bequest, it is executed from up to one-third (⅓) of the estate.
④ After these steps, whatever remains of the estate—movable or immovable—will be distributed. For convenience, the estate is assumed as 1 Rupee.
Inheritance Distribution (Principle Table)
Deceased (ʿĪsā)’s estate = 1 Rupee
| Heir | Share (Āna/Pāī) | Explanation |
|---|---|---|
| Wife | 2 Āna | Her Qur’anic portion |
| Son: Ghulām Rasūl | 2 Āna | As ʿAṣabah |
| Son: Ghulām Ḥusain | 2 Āna | As ʿAṣabah |
| Son: Ḥājī Chhachho | 2 Āna | As ʿAṣabah |
| 8 Daughters | 8 Āna collectively | As ʿAṣabah |
Qur’anic Evidences
◈ Allah ﷻ says:
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾ (النساء)
(If you have children, then the wife will receive one-eighth.)
◈ And He ﷻ says:
﴿لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾ (النساء)
(For the male is the share of two females.)
Modern Decimal Percentage Distribution
- Total Estate = 100%
- Wife: 1/8 = 12.5%
- 3 Sons (ʿAṣabah): Total 37.5% → 12.5% each
- 8 Daughters (ʿAṣabah): Total 50% → 6.25% each
Conclusion
This is the division according to the Sharī‘ah of Muḥammad ﷺ.
ھذا ما عندی واللہ اعلم بالصواب
