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Inheritance Distribution: Explanation of Shariah Shares

Reference: Fatāwā Rāshidiyyah, Page 591


❖ Question​


What do the respected scholars say regarding the following case:


A person named Bachal passed away, leaving behind the following heirs:


◄ One son: Ghulam Muhammad
◄ Two daughters: Beeban and Soni


Afterwards, Ghulam Muhammad also passed away.


During his lifetime, Ghulam Muhammad had transferred a piece of land to his son Sulaiman. However, Sulaiman passed away while his father Ghulam Muhammad was still alive. Sulaiman left behind the following heirs:


◄ Parents
◄ Two wives
◄ Four sisters
◄ Two paternal cousins


Later, Ghulam Muhammad passed away. He left behind:


◄ Four daughters: Fatimah, Rahiman, Mehno, Chhani
◄ One wife
◄ Two nephews: Allah Dinu and Khair Muhammad


After this, Ghulam Muhammad’s wife, Musammat Hawa, passed away. She left behind:


◄ Husband
◄ Four daughters


How should the wealth of each deceased be distributed according to Shariah?


❖ Answer​


Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!


Before the distribution of inheritance, it is necessary to note:


◄ First, funeral and burial expenses must be paid from the deceased’s wealth.
◄ Then, debts must be cleared.
◄ If a will (waṣiyyah) exists, it will be executed from up to one-third (⅓) of the estate.
◄ Thereafter, the remaining estate — movable and immovable — will be taken as one unit (1 rupee) for calculation and distribution.


① Distribution of Bachal’s Estate​


Total Estate: 1 Rupee


Heirs and Shares:

◄ Son Ghulam Muhammad → 8 annas
◄ Daughter Beeban → 4 annas
◄ Daughter Soni → 4 annas


② Distribution of Ghulam Muhammad’s Estate​


Total Estate: 8 annas


Heirs and Shares:

◄ Wife → 1 anna
◄ Four daughters (jointly) → 5 annas 4 paisas
◄ Nephew Khair Muhammad → 10 paisas
◄ Nephew Allah Dinu → 10 paisas


③ Distribution of Musammat Hawa’s Estate​


Total Estate: 1 Rupee


Heirs and Shares:

◄ Four daughters (jointly) → 10 annas 8 paisas
◄ Husband → 4 annas 4 paisas


④ Note on the Land Gifted to Sulaiman​


The land that Ghulam Muhammad had transferred to his son Sulaiman will, after Sulaiman’s death, be distributed among Sulaiman’s heirs.


⑤ Distribution of Sulaiman’s Estate​


Total Estate: 1 Rupee


Heirs and Shares:



HeirPaisaAnna
Father0809
Mother0802
Two wives (jointly)0004
Four sistersDeprivedDeprived
Two cousinsDeprivedDeprived

⑥ Decimal Percentage Distribution​


Deceased: Bachal (Total = 100%)
◄ Ghulam Muhammad (son, residuary) → 50%
◄ Beeban and Soni (two daughters, residuary) → 50% (25% each)


Deceased: Ghulam Muhammad (Total = 50%)
◄ Four daughters → ⅔ = 33.333% (each 8.333%)
◄ Two nephews (residuary) → 16.667% (each 8.333%)


Deceased: Hawa (Total = 100%)
◄ Husband → ¼ = 25%
◄ Four daughters → ¾ = 75% (each 18.75%)


ھذا ما عندی واللہ أعلم بالصواب
 
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