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Islamic Inheritance: Division Among Son, Daughter and Wives

Inheritance Distribution According to Shariah Principles​


Reference: Fatāwā Rāshidiyyah, Page 607


❖ Question​


What do the esteemed scholars say regarding this case:


Muhammad Usman passed away, leaving behind:
◄ One son, Muhammad Siddiq
◄ One daughter


Afterwards, Muhammad Siddiq also passed away, leaving behind:
◄ Two wives: Sat Bai and Khairbano
◄ One son: Sikandar
◄ One sister


According to the Shariah of Muhammad ﷺ, how should the inheritance be distributed?


❖ Answer​


Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!


It must be known that from the deceased’s estate:


➊ The funeral and burial expenses are deducted.
➋ Any debts are repaid.
➌ A valid bequest is executed from up to one-third (⅓) of the estate.


After this, the remaining wealth is distributed among the heirs.


① First Division – Estate of Muhammad Usman​


Total Estate: 1 Rupee


◄ Son Muhammad Siddiq = 10 annas 8 paisas
◄ Daughter = 5 annas 4 paisas


Qur’anic Evidence:
﴿لِلذَّكَرِ‌ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾


② Second Division – Estate of Muhammad Siddiq​


Muhammad Siddiq received his share from his father (10 annas 8 paisas = 66.66%) and then passed away.


Heirs and Shares:
◄ Wife Sat Bai = 8 paisas
◄ Wife Khairbano = 8 paisas
◄ Son Sikandar = 9 annas 4 paisas
◄ Sister = Deprived


Qur’anic Evidence:
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾


③ Decimal Distribution​


Muhammad Usman’s Estate (100 parts):
◄ Son (Muhammad Siddiq, ʿaṣabah) = 66.66
◄ Daughter = 33.34


Muhammad Siddiq’s Estate (66.66 parts):
◄ Two wives (jointly 1/8) = 8.332 → each 4.166
◄ Son (Sikandar, ʿaṣabah) = 58.328
◄ Sister = Deprived


ھذا ما عندی واللہ أعلم بالصواب
 
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