Inheritance Distribution: Shariah Ruling on Shares of Son, Daughter, and Wife
Reference: Fatāwā Rāshidiyyah, Page 593
❖ Question
What do the respected scholars say regarding the following case:
A person named Jan Muhammad passed away. His heirs were:
◄ One son
◄ One daughter
◄ One wife
Afterwards, the son also passed away. His heirs were:
◄ Five sons
◄ One wife
◄ Two daughters
It was asked: According to the Shariah of Muhammad ﷺ, how should the estate be distributed among them?
❖ Answer
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!
It must be understood that the correct method of distribution of a deceased’s estate is as follows:
➊ First, funeral and burial expenses are taken out.
➋ Secondly, if the deceased had any debts, they must be repaid.
➌ Thirdly, if there is a valid will, it will be executed from up to one-third of the wealth.
➍ Thereafter, the remaining estate will be considered as “1 rupee” and divided according to the principles of Shariah.
① First Deceased: Jan Muhammad
Total Estate: 1 Rupee
◄ Wife = 2 annas
◄ Son = 9 annas 4 paisas
◄ Daughter = 4 annas 8 paisas
② Second Deceased: Dhani Bakhsh (Son of Jan Muhammad)
Total Estate: 1 Rupee
◄ Wife = 2 annas
◄ Five sons = each receives 2 annas 4 paisas
◄ Two daughters = each receives 1 anna 2 paisas
ھذا ما عندی واللہ أعلم بالصواب
