Shari‘ah-Based Inheritance & Bequest Distribution of Ibrahim, Faiz Muhammad, and Isma‘il
Source: Fatāwā Rāshidiyyah, Page 559
❖ Question:
Respected scholars of Islam are requested to provide guidance on the following situation:
Ibrāhīm passed away, leaving behind the following heirs:
◈ His paternal cousins: Faiz Muhammad and Isma‘il.
Subsequently, Faiz Muhammad passed away, leaving:
✿ One wife: Jamil
✿ Three daughters: Kāblah, Singhār, and Raḥīmān
✿ One brother: Isma‘il
Later, Isma‘il also passed away. His heirs were:
✿ Five sons: ‘Uthmān, Qāsim, Allāh Dinnō, Amīn, Sā’īdto
✿ One daughter: Ṣafūrah
Additionally, it is mentioned that Ibrāhīm, during his lifetime, made a bequest for his entire property in favor of Qāsim, son of Isma‘il.
Now, the following questions arise:
➊ According to Islamic law, how should the inheritance be distributed among the mentioned heirs?
➋ How much should Qāsim receive based on Ibrāhīm’s bequest?
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ‘alā Rasūlillāh, ammā ba‘d!
✦ Step-by-Step Distribution Procedure for Ibrahim’s Estate:
According to Islamic law, the following sequence must be observed in the distribution of a deceased person’s estate:
➊ Expenses for burial and shrouding are to be paid first.
➋ If the deceased had any debts, they must be repaid.
➌ After that, any valid bequest (waṣiyyah) is to be executed — in this case, Ibrāhīm made a bequest in favor of Qāsim bin Isma‘il. This bequest will be fulfilled only from one-third (1/3) of the total estate.
✦ Distribution of Ibrahim’s Estate:
◈ Ibrāhīm left no direct heirs, only two paternal cousins: Faiz Muhammad and Isma‘il.
◈ The remaining two-thirds of the estate, after fulfilling the bequest, will be equally divided between them.
◈ Each cousin receives half of the remaining two-thirds, i.e., 8 ānas (50%) of the estate.
✦ Distribution of Faiz Muhammad’s Share (8 ānas):
◈ Total property: 8 ānas
Heirs & Shares:
✿ Wife Jamil = 1/8 share = 1 āna
✿ Three daughters = 2/3 share = 5 ānas, 4 pā’īs
✿ Brother Isma‘il (as ‘aṣabah) = Remaining share = 1 āna, 8 pā’īs
✦ Inheritance of Isma‘il:
◈ Isma‘il’s total share (received from both Ibrāhīm and Faiz Muhammad) = 9 ānas, 8 pā’īs
◈ His heirs are:
- Five sons
- One daughter
Division Method:
- The estate will be divided into 11 shares:
- Each son receives 2 shares
- The daughter receives 1 share
✦ Decimal-Based Modern Calculation Summary:
➤ Deceased: Ibrāhīm
- Total estate = 100
- Paternal cousin Faiz Muhammad = 50
- Paternal cousin Isma‘il = 50
➤ Deceased: Faiz Muhammad
- Total estate = 50
- Wife (1/8) = 6.25
- Three daughters (2/3) = 33.3 (≈11.1 each)
- Brother Isma‘il = 10.41
➤ Deceased: Isma‘il
- Total estate = 60.41
- Five sons = 54.91 (≈10.98 each)
- One daughter = 5.49
❖ Bequest in Favor of Qāsim:
◈ Ibrāhīm made a bequest of his entire estate in favor of Qāsim, the son of Isma‘il.
◈ According to Islamic law, a bequest can only be executed up to one-third (1/3) of the estate if it is in favor of a non-heir.
◈ Hence, Qāsim will receive one-third of Ibrāhīm’s estate, i.e., 33.33 out of 100, as per the waṣiyyah.
◈ The remaining two-thirds will be divided between Faiz Muhammad and Isma‘il as outlined above.
❖ Conclusion:
◈ The bequest (waṣiyyah) of Ibrāhīm in favor of Qāsim will be executed only up to one-third of the estate.
◈ The remaining estate will be distributed among the rightful heirs according to Islamic inheritance laws, as detailed above.
Allāh knows best and He alone is the source of correctness.
