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
