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Islamic Inheritance: Division Among Daughter, Brother & Wives

Inheritance Ruling: Shares of Daughter, Brother, and Wives​


Reference: Fatāwā Rāshidiyyah, Page 607


❖ Question​


What do the respected scholars say regarding this case:


Bachal Shah passed away, leaving behind:
◄ One daughter
◄ One brother
◄ Four wives


Afterwards, Ghulam Nabi Shah also passed away, leaving behind:
◄ Four wives
◄ One niece


What is the correct Shariah distribution of their estates?


❖ Answer​


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


Clarification Regarding Gift (Hibah)​


If the deceased had already transferred a house as a gift, it remains valid and binding. Similarly, if he had gifted certain belongings, and there is written proof or witnesses for it, that too is considered as a completed gift and will not be part of the inheritance.


General Method of Division​


From the estate of the deceased:


➊ Funeral and burial expenses are deducted.
➋ Any outstanding debts are repaid.
➌ A valid will is executed, but not exceeding one-third of the estate.
➍ The remaining wealth — movable or immovable — becomes the estate and is divided by assuming it as 1 Rupee.


① First Distribution: Bachal Shah’s Estate​


Total Estate: 1 Rupee


◈ Daughter = 8 annas
◈ Brother = 6 annas
◈ Four wives (jointly) = 2 annas


② Second Distribution: Ghulam Nabi Shah’s Estate​


Total Estate: 1 Rupee


◈ Four wives (jointly) = 4 annas
◈ Niece = 12 annas


③ Decimal System Distribution​


Deceased: Bachal Shah (Total = 100 parts)
◈ Daughter → 50 (½)
◈ Brother → 37.5 (as ʿaṣabah)
◈ Four wives (jointly) → 12.5 (⅛ shared)


Deceased: Ghulam Nabi Shah (Total = 100 parts)
◈ Four wives (jointly) → 12.5 (⅛ shared)
◈ Niece → 87.5 (as ḏhawī al-arḥām)


ھذا ما عندی واللہ أعلم بالصواب
 
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