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Inheritance Distribution: Husband, Two Daughters, and Brothers

Distribution of Inheritance: Husband, Two Daughters, and Brothers​


Source: Fatāwā Rāshidiyyah, Page 564


❖ Question​


What do the scholars of Islam say regarding the issue that a woman named Sohni has passed away. Among her heirs are her husband, two daughters, and two brothers. How will the inheritance of the deceased be distributed among the heirs?


❖ Answer​


Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!


It should be clear that in this case, first of all, the expenses of the funeral and burial will be taken out from the estate of the deceased. After this, if the deceased has any debts, they must be repaid. Once the debts are cleared, the remaining estate will be considered as a whole (for example, one rupee). Then this one rupee will be divided as follows:


◈ The husband will receive 4 ānā.
◈ Each daughter will receive 5 ānā and 4 pāi.
◈ Each brother will receive 8 pāi.


❖ Distribution in the Current Decimal System​


If the estate is assumed to be 100, then the division will be as follows:


Husband: 25
Two Daughters: 66.66 (i.e., each gets 33.33)
Two Brothers (ʿAṣabah): 8.34 (i.e., each gets 4.17)


ھذا ما عندی واللہ أعلم بالصواب
 
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