Inheritance Distribution and the Shariah Ruling on Guardianship (Wilāyah)
Reference: Fatāwā Rāshidiyyah, Page 608
❖ Question
① A man named Muhammad Siddiq passed away. He left the following heirs:
◄ One wife
◄ One daughter
◄ Two nephews
◄ Three nieces
What is the distribution of inheritance according to Shariah?
② A man named Yusuf passed away, leaving both sons and daughters.
◄ Who will have the right of guardianship (wilāyah) over the daughters?
◄ Who will be the heirs of Yusuf?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
Before dividing the inheritance of the deceased, the following order is applied:
➊ Funeral and burial expenses are deducted.
➋ Any debts of the deceased are repaid.
➌ If there is a valid will, it is executed from up to one-third of the estate.
➍ Thereafter, the remaining estate (movable or immovable) is divided assuming 1 Rupee as the total value.
① Inheritance of Muhammad Siddiq
Total Estate = 1 Rupee
◈ Wife → 2 annas
◈ Daughter → 8 annas
◈ Nephew (1) → 3 annas
◈ Nephew (2) → 3 annas
◈ Nieces (3) → Deprived
Evidence:
((الحقوا الفرائض بأهلها فما بقي فلأولى رجل ذكر.))
— Sahih al-Bukhari, Kitāb al-Farāʾiḍ, 6735
— Sahih Muslim, Kitāb al-Farāʾiḍ, 4141
Qur’anic References:
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾
﴿وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ﴾
② Inheritance of Yusuf & Right of Guardianship
◈ After Yusuf’s death, his sons are the guardians (awliyāʾ) of his daughters, as guardianship belongs solely to male agnates (ʿaṣabah).
◈ Yusuf’s sons and daughters all share in his estate according to the Qur’anic rule: “For the male is the share of two females.”
◈ Furthermore, since Muhammad Siddiq had wrongfully sold a property that originally belonged to his brother Muhammad Yusuf, the value of that property must first be returned to Yusuf’s children from Siddiq’s estate. Only then will the remaining estate of Siddiq be distributed among his heirs.
Decimal Distribution (Total = 100)
◈ Wife → 12.5% (1/8)
◈ Daughter → 50% (1/2)
◈ Two nephews (ʿaṣabah) → 37.5% (each 18.75%)
◈ Three nieces → Excluded
ھذا ما عندی واللہ أعلم بالصواب
