Distribution of Inheritance: Sons, Daughters, Wife, and Nephews According to Sharīʿah
Source: Fatāwā Rāshidiyyah, p. 580
Question:
The scholars were asked regarding a man named Ḥakīm who passed away, leaving behind the following heirs:
- Two sons: Ḥājī Mitho and Ḥājī Meyod
- Two daughters: Bhurran and Bakhtāwar
After this, Ḥājī Mitho passed away, leaving the following heirs:
- Two sons: Ḥājī Ḥusain and a mute son
- Eight daughters
Later, Ḥājī Meyod also passed away, and his heirs were:
- One wife
- Two nephews (i.e., sons of Ḥājī Mitho)
According to the principles of Islamic inheritance (ʿilm al-farāʾiḍ) and the Sunnah of the Prophet ﷺ, how will the shares be divided?
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿammā baʿd!
Before the distribution of the deceased’s estate, the following must first be fulfilled:
① Funeral and burial expenses are paid from the estate.
② Any debts of the deceased are settled.
③ Any valid bequests (up to one-third of the estate) are executed.
④ The remainder is then distributed among the heirs.
Step 1: Distribution of Ḥakīm’s Estate
Heirs:
- Son: Ḥājī Mitho
- Son: Ḥājī Meyod
- Daughter: Bhurran
- Daughter: Bakhtāwar
Division (assuming estate = 1 rupee):
- Ḥājī Mitho: 5 āna 4 pāī
- Ḥājī Meyod: 5 āna 4 pāī
- Bhurran: 2 āna 8 pāī
- Bakhtāwar: 2 āna 8 pāī
Step 2: Distribution of Ḥājī Mitho’s Estate
Heirs:
- Two sons: (Ḥājī Ḥusain and mute son)
- Eight daughters
Division (estate = 1 rupee):
- Each son: 2 āna 8 pāī
- Eight daughters (collectively): 10 āna (to be shared equally)
Step 3: Distribution of Ḥājī Meyod’s Estate
Heirs:
- Wife
- Two nephews (ʿaṣabah, since he left no children)
Division (estate = 1 rupee):
- Wife: 4 āna
- Two nephews (jointly 12 āna → 6 āna each)
Final Distribution in Decimal (Modern) Percentages
Deceased: ʿAbd al-Ḥakīm – Total Estate = 100%
| Heirs | Total Share % | Individual Share % |
|---|---|---|
| 2 Sons | 66.66% | 33.33% each |
| 2 Daughters | 33.34% | 16.67% each |
Deceased: Ḥājī Mitho – Estate = 33.33%
| Heirs | Total Share % | Individual Share % |
|---|---|---|
| 2 Sons | 11.11% | 5.555% each |
| 8 Daughters | 22.22% | 2.777% each |
Deceased: Ḥājī Meyod – Estate = 33.33%
| Heirs | Share % | Individual Share % |
|---|---|---|
| Wife | 25% | 8.33% |
| 2 Nephews | 75% | 12.5% each |
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