Source: Fatāwā Rāshidiyyah, Page 639
❖ Question
What do the scholars of Dīn state regarding this matter:
A person (Phuṭa) passed away, leaving behind the following heirs:
- One daughter
- Two nieces (brother’s daughters)
- The deceased’s father-in-law
Now, the father-in-law claims that the entire property belongs to him and has taken possession of the whole estate. Please explain, according to the Sharī‘ah of Muḥammad ﷺ, how the inheritance should be divided.
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ‘alā Rasūlillāh, ammā ba‘d!
Before the estate of the deceased is distributed, the following steps must first be completed:
① Funeral and burial expenses are deducted.
② Any debts of the deceased are paid.
③ If the deceased left a valid bequest, it will be fulfilled from up to one-third (⅓) of the estate.
④ Whatever remains after these deductions is then divided among the heirs.
Distribution of the Estate
Deceased: Phuṭa
Total Estate: 1 Rupee (movable or immovable)
Shares of the heirs:
- Daughter → 8 āna
- Wife → 2 āna
- Two sisters → 6 āna (as ʿAṣabah ma‘a al-ghayr)
- Father-in-law → Excluded (no share)
Modern Decimal (Percentage) System of Distribution
Total Estate = 100%
- Wife → 1/8 = 12.5%
- Daughter → 1/2 = 50%
- Two sisters (ʿAṣabah ma‘a al-ghayr) → 37.5% (each = 18.75%)
- Father-in-law → Excluded
Conclusion
This is the correct division according to the Sharī‘ah of Muḥammad ﷺ.
ھذا ما عندی واللہ اعلم بالصواب
