Shar‘i Inheritance: Distribution for Sons, Daughters, Wife, and Nephews

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Inheritance Distribution According to Shar‘i Principles

📖 Source: Fatawa Rashidiyyah, Page 626

Question

Rab Dano passed away, leaving the following heirs:

◈ Two sons: Abdullah and Haji Faqir Muhammad
◈ One daughter

Later events:

◈ Abdullah also passed away, leaving:

  • Two sons (Rab Dano and Farooq)
  • Two daughters

◈ Haji Faqir Muhammad also passed away, leaving:

  • One sister
  • One wife
  • Two nephews
  • Two nieces

What is the Shar‘i ruling for the distribution of shares among all heirs?

Answer

Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!

The Shar‘i method requires:

① Funeral expenses are deducted first.
② Debts of the deceased must be repaid.
③ Any valid will is executed from up to one-third of the estate.
④ The remainder is distributed among the heirs according to Shari‘ah.

Distribution of Rab Dano’s Estate

Total estate = 1 rupee (100 paisa)

  • Son (Abdullah): 40 paisa
  • Son (Faqir Muhammad): 40 paisa
  • Daughter: 20 paisa

Distribution of Abdullah’s Estate

Total estate = 40 paisa

  • Son (Rab Dano): 13⅓ paisa
  • Son (Farooq): 13⅓ paisa
  • Daughter: 6⅔ paisa
  • Daughter: 6⅔ paisa

Distribution of Faqir Muhammad’s Estate

Total estate = 40 paisa

  • Wife: 10 paisa (¼ share)
  • Sister: 20 paisa (½ share)
  • 2 Nephews (as residuaries/عصبہ): 10 paisa jointly (5 paisa each)
  • 2 Nieces: Excluded (محروم)

Qur’anic Evidence

﴿إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ وَلَهُنَّ ٱلرُّبُعُ﴾ [al-Nisa]
“If they (wives) have no children, then for them is one-fourth.”

Hadith Evidence

((ألحقوا الفرائض بأهلها فما بقى فلأولى رجل ذكر))
“Give the prescribed shares to those entitled, and what remains is for the closest male relative.”
[Sahih al-Bukhari, Sahih Muslim]

Modern Decimal Calculation

Rab Dano’s Estate (100%)

  • 2 Sons (as residuaries): 80% (40% each)
  • 1 Daughter (as residuary): 20%

Abdullah’s Estate (40%)

  • 2 Sons: 26.666% (13.333% each)
  • 2 Daughters: 13.333% (6.666% each)

Faqir Muhammad’s Estate (40%)

  • Wife: 10% (¼)
  • Sister: 20% (½)
  • 2 Nephews: 10% jointly (5% each)
  • 2 Nieces: 0% (excluded)

Conclusion

  • From Rab Dano’s estate: Sons get 40% each, daughter 20%.
  • From Abdullah’s estate: Each son gets 13.333%, each daughter 6.666%.
  • From Faqir Muhammad’s estate: Wife gets 10%, sister 20%, nephews share 10% equally, nieces are excluded.

ھذا ما عندی، واللہ أعلم بالصواب