Inheritance and Gift Distribution of Ghulam Sughra
Source: Fatawa Rashidiyyah, Page 617Question
Respected scholars were asked about the case of Ghulam Sughra, who passed away and left the following heirs:
◈ One full sister
◈ Some paternal half-sisters (same father, different mothers)
◈ The cousin of her father (Muhammad Ali)
Second Situation:
During her lifetime, Ghulam Sughra, in full sound mind and without coercion, gifted a portion of her property to her nephews. She stated that:
- The property would remain in her possession until her death.
- After her death, the gifted portion should be handed over to her nephews.
- The remaining property should be given to the Waqf Department.
How will this property be divided according to the Shari‘ah of Muhammad ﷺ?
Answer
Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!
As per Shar‘i rules, from the estate of the deceased:
① Funeral expenses will first be deducted.
② Debts of the deceased, if any, must be repaid.
③ Valid will shall be executed, but only up to one-third of the total estate.
After these stages, the remaining estate (movable and immovable) will be treated as one unit and divided according to Shari‘ah.
Reality of the Gift (Hibah)
- The hibah (gift) made by Ghulam Sughra is not valid as hibah since she kept possession until death.
- In Shar‘i terms, such a gift becomes a wasiyyah (will).
- A wasiyyah is valid only up to one-third of the total property.
Thus:
◈ The portion of land intended for nephews will only be executed up to one-third of the estate.
◈ The remaining two-thirds will be divided among the legal heirs.
Distribution of the Estate
Total estate: 100%
Step 1: Execution of Will (1/3)
- Nephews (as per the wasiyyah): 1/3 = 33.34%
Step 2: Remaining Estate (2/3 = 66.66%)
This will be distributed among the heirs:
◈ Full sister: ½ (50% of total estate)
◈ Paternal half-sisters: 1/6 (16.66% of total estate, shared among them)
◈ Father’s cousin (as residuary/عصبہ): Whatever remains = 33.34%
Qur’anic Evidence
﴿وَلَهُۥٓ أُخْتٌ فَلَهَا نِصْفُ﴾ [al-Nisa]
“And if there is only one sister, then she shall have half.”
Hadith Evidence
((ألحقوا الفرائض بأهلها، فما بقي فلأولى رجل ذكر))
“Give the prescribed shares to those entitled to them, and whatever remains goes to the closest male relative.”
[Sahih al-Bukhari: 6735; Sahih Muslim: 4141]
Final Percentage Distribution (Modern Decimal System)
| Heir | Share | Percentage |
|---|---|---|
| Nephews (wasiyyah) | 1/3 estate | 33.34% |
| Full sister | ½ estate | 50% |
| Paternal half-sisters | 1/6 estate | 16.66% |
| Father’s cousin (residuary) | Remainder | 33.34% |
Conclusion
- The gift to nephews counts as a wasiyyah and is valid only up to one-third of the estate.
- The remaining two-thirds must be distributed among the rightful heirs: full sister, paternal half-sisters, and the father’s cousin.
- Any attempt to deprive the rightful heirs is contrary to Shari‘ah and considered injustice.
ھذا ما عندی، واللہ أعلم بالصواب
