Detailed Shar‘i Ruling on Distribution of Inheritance
📖 Source: Fatawa Rashidiyyah, Page 633
Question
Jamaluddin passed away leaving the following heirs:
◈ One wife (Bano)
◈ Two maternal cousins
No other heirs were present.
Afterwards, Bano married another husband. Later, Bano also passed away, leaving:
◈ Two daughters
◈ Two brothers
◈ One sister
How should their shares be distributed according to the Shari‘ah of Muhammad ﷺ?
Answer
Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!
The principles of estate division are:
① Funeral expenses are first deducted.
② Any debts of the deceased are settled.
③ If there is a valid will, it is executed up to one-third of the estate.
④ The remainder is divided among the rightful heirs.
Distribution of Jamaluddin’s Estate
Total estate = 1 rupee
- Wife (Bano): 4 annas (¼ = 25%)
- Two maternal cousins (ذوي الأرحام): 12 annas (¾ = 75%)
Proof:
The Prophet ﷺ said:
((ألحقوا الفرائض بأهلها فما بقى فلأولى رجل ذكر.))
“Give the fixed shares to those entitled, and whatever remains is for the nearest male relative.”
Distribution of Bano’s Estate
Total estate = 1 rupee
- Two daughters: 10 annas 8 paisa (⅔ = 66.66%) jointly
- Remaining = 5 annas 4 paisa (⅓ = 33.34%)
This remainder is divided into 5 parts:
- Each brother gets 2 parts.
- The sister gets 1 part.
Modern Decimal Distribution
Jamaluddin’s Estate (100%)
- Wife (Bano): 25%
- Two maternal cousins: 75%
Bano’s Estate (100%)
- Two daughters: 66.66% (33.33% each)
- Two brothers: 26.672% (13.336% each)
- One sister: 6.668%
Conclusion
- From Jamaluddin’s estate: the wife (Bano) receives ¼, and the remainder goes to the two maternal cousins.
- From Bano’s estate: the daughters receive ⅔, and the remaining ⅓ is distributed among her two brothers and one sister, with the male receiving double the share of the female.
ھذا ما عندی، واللہ أعلم بالصواب
