Inheritance Distribution in Detail According to Shariah
Reference: Fatāwā Rāshidiyyah, Page 605
❖ Question
What do the esteemed scholars say about the following case:
Muhammad Umar passed away, leaving behind:
◄ Two wives
◄ One daughter
◄ One brother, Muhammad Usman
◄ One paternal cousin’s son
Afterwards, Muhammad Usman also passed away. He left behind:
◄ Two wives
◄ One daughter
◄ Seven paternal cousin’s sons:
✿ ʿAbd al-Raḥmān son of Amīr Bakhsh
✿ ʿAbd al-Razzāq
✿ ʿAbd al-Jabbār
✿ ʿAbd al-Rashīd
✿ ʿAbd al-Sattār
✿ ʿAbd al-Raʾūf
✿ Muhammad Ṣiddīq son of Muhammad Murād
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 estate of the deceased:
➊ Funeral and burial expenses are deducted.
➋ If there are any debts, they are paid.
➌ If a valid will exists, it may be executed from up to one-third of the estate.
➍ The remainder becomes inheritance and is distributed among the heirs.
① First Deceased: Muhammad Umar
Total Estate: 1 Rupee (equal to 91 acres)
Heirs and Shares:
◄ Two wives = 2 annas = 11 acres, 15 biswah
◄ Daughter = 8 annas = 45 acres, 20 biswah
◄ Brother (Muhammad Usman) = 6 annas = 34 acres, 5 biswah
◄ Paternal cousin’s son = Deprived
② Second Deceased: Muhammad Usman
Muhammad Usman received 34 acres, 5 biswah from his brother Muhammad Umar’s share, in addition to his own 91 acres.
Total Estate = 125 acres, 5 biswah
Heirs and Shares:
◄ Two wives = 15 acres, 26 biswah
◄ Daughter = 62 acres, 26 biswah
◄ Paternal cousin’s sons:
- Muhammad Ṣiddīq = 6 acres, 28 ghantah
- ʿAbd al-Razzāq = 6 acres, 28 ghantah
- ʿAbd al-Raḥmān = 16 acres, 28 ghantah
- ʿAbd al-Sattār = 6 acres, 28 ghantah
- ʿAbd al-Raʾūf = 6 acres, 28 ghantah
- ʿAbd al-Rashīd = 6 acres, 28 ghantah
- ʿAbd al-Jabbār = 6 acres, 28 ghantah
③ Decimal Percentage Distribution
Muhammad Umar (Total = 100):
◄ Two wives → 1/8 = 12.5% (each 6.25%)
◄ Daughter → 1/2 = 50%
◄ Brother (Usman) → Residuary = 37.5%
◄ Paternal cousin’s son → Deprived
Muhammad Usman (Total = 100):
◄ Two wives → 1/8 = 12.5% (each 6.25%)
◄ Daughter → 1/2 = 50%
◄ Seven paternal cousin’s sons → Residuary = 37.5% (each 5.357%)
◄ Paternal cousin’s son → Deprived
ھذا ما عندی واللہ أعلم بالصواب
