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Islamic Inheritance: Property Shares of Wife, Daughter & Brother

Inheritance Distribution: Shares of Wife, Daughter, Brother, and Cousin​


Reference: Fatāwā Rāshidiyyah, Page 598


❖ Question​


Respected scholars are asked about the following case:


A man named Manthar passed away, leaving behind:


◄ One wife
◄ One daughter
◄ One brother (Ahmad)
◄ One paternal cousin (brother)


Afterwards, Ahmad also passed away, leaving behind:


◄ One wife
◄ One daughter
◄ One niece (brother’s daughter)
◄ One paternal cousin (brother)
◄ Two paternal cousin (sisters)


Later, Ahmad’s wife also passed away, leaving behind:


◄ One daughter
◄ One brother
◄ Two sisters


What is the division according to the Shariah of Muhammad ﷺ?


❖ Answer​


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


Before the distribution of inheritance, the following steps are obligatory:


➊ Funeral and burial expenses must be paid.
➋ Any debts of the deceased must be repaid.
➌ If a valid will exists, it may be executed from up to one-third of the estate.
➍ After these deductions, the remaining estate is taken as 1 Rupee and divided according to the Shariah.


① Estate of Manthar​


Total Estate: 1 Rupee


◄ Wife = 2 annas
◄ Daughter = 8 annas
◄ Brother Ahmad = 6 annas
◄ Paternal cousin = Deprived


Hadith Evidence:
((الحقوا الفرائض باهلها فما بقي فلأولى رجل ذكر))
[Sahih al-Bukhari, Kitāb al-Farāʾiḍ, 6735; Sahih Muslim, Kitāb al-Farāʾiḍ, 4141]


② Estate of Ahmad​


Total Estate: 1 Rupee


◄ Wife = 2 annas
◄ Daughter = 8 annas
◄ Paternal cousin (brother) = 6 annas
◄ Niece = Deprived
◄ Two paternal cousin sisters = Deprived


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


③ Estate of Ahmad’s Wife​


Total Estate: 1 Rupee


◄ Daughter = 8 annas
◄ Brother = 4 annas
◄ Two sisters = 4 annas (shared equally)


Qur’an Evidence:
﴿وَإِن كانَت وٰحِدَةً فَلَهَا النِّصفُ﴾ (Al-Nisāʾ: 11)


④ Decimal System Distribution​


Deceased: Manthar (Total = 100)
◄ Wife (1/8) = 12.5%
◄ Daughter (1/2) = 50%
◄ Brother Ahmad (ʿaṣabah) = 37.5%
◄ Paternal cousin = Deprived


Deceased: Ahmad (Total = 100)
◄ Wife (1/8) = 12.5%
◄ Daughter (1/2) = 50%
◄ Paternal cousin (ʿaṣabah) = 37.5%
◄ Niece = Deprived
◄ Two paternal cousin sisters = Deprived


Deceased: Ahmad’s Wife (Total = 100)
◄ Daughter (1/2) = 50%
◄ Brother (ʿaṣabah) = 25%
◄ Two sisters (ʿaṣabah) = 25% (each 12.5%)


ھذا ما عندی واللہ أعلم بالصواب
 
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