Shar‘i Distribution of Inheritance and Clarification of Shares
📖 Source: Fatawa Rashidiyyah, Page 624
Question
It was asked regarding Haji Haml, who passed away leaving the following heirs:
◈ One wife, Wasandi
◈ One sister, Adan
◈ One maternal brother
◈ One cousin, Ismail
Additionally, Wasandi had personally received 14 large animals from her parents. The clarification is sought as to how the estate will be divided according to the Shari‘ah of Muhammad ﷺ.
Answer
Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!
The procedure of estate division is as follows:
① Funeral expenses are deducted first.
② Then, any outstanding debts of the deceased must be paid.
③ Any valid will is executed, but only up to one-third of the estate.
④ After these, the remainder of the estate (movable or immovable) is distributed among the heirs.
Distribution of Inheritance
Total estate of Haji Haml = 1 rupee
◈ Wife (Wasandi): 4 annas (¼ share)
◈ Sister (Adan): 8 annas (½ share)
◈ Maternal brother: 2 annas 8 paisa (⅙ share)
◈ Cousin (Ismail): 1 anna 4 paisa (residuary)
Note on Wasandi’s 14 Animals
The 14 large animals received by Wasandi from her parents are her personal property. No one else has any claim over them.
Important: If the case is exactly as mentioned in the question, this answer is valid. However, if the question was misrepresented, the ruling will change accordingly.
Modern Decimal Calculation (Total = 100%)
| Heir | Share (fraction) | Share (%) |
|---|---|---|
| Wife (Wasandi) | ¼ | 25% |
| Sister (Adan) | ½ | 50% |
| Maternal brother | 1/6 | 16.66% |
| Cousin (Ismail) | Residuary | 8.34% |
Conclusion
According to the Shari‘ah of Muhammad ﷺ:
- The wife inherits 25%.
- The sister inherits 50%.
- The maternal brother inherits 16.66%.
- The cousin (Ismail), as residuary, receives 8.34%.
- The 14 animals gifted to Wasandi by her parents remain her personal property, independent of the inheritance.
ھذا ما عندی، واللہ أعلم بالصواب
