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Islamic Inheritance: Division Among Wife, Sons and Daughters

Inheritance Distribution: Estate Among Wife, Three Daughters, and Four Sons​


Source: Fatāwā Rāshidiyyah, Page: 602


❖ Question​


What do the esteemed scholars say regarding the case where a man named Haji Allah Bakhsh passed away, leaving the following heirs:


◄ One wife
◄ 3 daughters
◄ 4 sons: Muhammad Bachal, Shafi Muhammad, Ali Muhammad, Wali Muhammad


Please clarify, according to the Shariah of Muhammad ﷺ, how much each heir will receive.


❖ Answer​


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


First, it should be known that when a person passes away, the estate (property) is processed through the following stages:


➊ The expenses of shrouding and burial are deducted.
➋ If the deceased had any debt, it is to be repaid.
➌ If the deceased made a valid bequest, it shall be fulfilled from up to one-third of the wealth.
➍ After these stages, the remaining amount and property are considered as one rupee for distribution.


Method of Distribution​


Deceased: Haji Allah Bakhsh
Estate: 1 Rupee


Heirs and Shares:


HeirPaisaAnna
Wife0002
Daughter0301
Daughter0301
Daughter0301
Son (Bachal)0602
Shafi Muhammad0602
Ali Muhammad0602
Wali Muhammad0602

The remaining 3 paisas will be divided into 11 parts:
◄ Each son receives 2 parts
◄ Each daughter receives 1 part


Qur’anic Evidences​


Allah, the Exalted, says:
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾


And He also says:
﴿لِلذَّكَرِ‌ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾


Modern Decimal Distribution​


Total Estate: 100


◄ Wife = 12.5 (1/8)
◄ 4 sons (ʿaṣabah) = 63.63015.909 each
◄ 3 daughters (ʿaṣabah) = 23.6837.954 each


ھذا ما عندی واللہ اعلم بالصواب
 
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