Complete Method of Islamic Inheritance Distribution after Jan Muhammad’s Death
Source: Fatāwā Rāshidiyyah, Page 568
❖ Question
The scholars were asked the following:
Jan Muhammad’s son, Dhani Bakhsh, passed away during his father’s lifetime. Later, Jan Muhammad also passed away. His heirs include:
◈ One wife
◈ One daughter
◈ Five grandsons (sons of the deceased son, Dhani Bakhsh)
◈ Two granddaughters (daughters of the deceased son, Dhani Bakhsh)
From the perspective of Islamic law, how should the estate of Jan Muhammad be distributed according to the Shariah of Muhammad ﷺ?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
It must be understood that the distribution of inheritance follows specific Sharʿī steps:
➊ Funeral and Burial Expenses: These will first be deducted from the estate.
➋ Debt Repayment: If the deceased had any outstanding debts, these must be paid.
➌ Execution of Will: If there is a valid will, it will be fulfilled within one-third (⅓) of the estate.
➍ Division of the Remaining Estate: After these steps, the remaining wealth becomes the actual inheritance, to be distributed according to Sharʿī principles.
▣ Distribution of Inheritance (Based on 1 Rupee Example)
Heir | Share (Ānā) | Details |
---|---|---|
Wife | 2 ānā | One-eighth (1/8) |
Daughter | 8 ānā | One-half (1/2) |
5 Grandsons | 5 ānā | One ānā each |
2 Granddaughters (combined) | 1 ānā | Half ānā each |
❖ Evidence
The Messenger of Allah ﷺ said:
"الحقوا الفرائض بأهلها، فما بقي فلأولى رجل ذكر.”
(Ṣaḥīḥ al-Bukhārī, Kitāb al-Farāʾiḍ, Ḥadīth: 6735; Ṣaḥīḥ Muslim, Kitāb al-Farāʾiḍ, Ḥadīth: 4141)
Translation:
"Give the prescribed shares to those entitled to them, and what remains should go to the nearest male heir."
▣ Distribution in the Modern Decimal System (%)
If the estate is assumed to be 100%, then:
Heir | Share (%) | Details |
---|---|---|
Wife | 12.5% | 1/8 share |
Daughter | 50% | 1/2 share |
5 Grandsons | 31.25% | 6.25% each |
2 Granddaughters | 6.25% | 3.125% each |
ھذا ما عندی واللہ أعلم بالصواب