Source: Fatawa Rashidiyyah, Page 636❖ Question
The scholars of Islam are asked about the inheritance of a man named Misri, who passed away leaving behind the following heirs:
◄ Six sons: Sain Bakhsh, Jan Muhammad, Sanjar, Kamal, Rustam Ali, Adil
◄ Three daughters
Misri Khan's property was jointly owned and had been temporarily divided among the sons in small portions. Later, additional property came into existence, which remained under the supervision and control of Sain Bakhsh. This property was never distributed among the other brothers, and before its distribution, Sain Bakhsh passed away. Now, Sain Bakhsh's sons are refusing to hand over this property to their paternal uncles.
What is the ruling of Shari‘ah regarding this matter according to the teachings of Islam?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ‘alā Rasūlillāh, ʾAmma ba‘d!
First and foremost, it must be understood that before the distribution of any deceased’s estate, the following steps must be fulfilled:
➊ Funeral and burial expenses must be paid from the deceased’s wealth.
➋ Thereafter, any outstanding debts should be settled.
➌ Once the above is done, the remaining property — whether movable or immovable — is to be considered as a single unit (e.g., 1 rupee) and distributed among the rightful heirs according to Shar‘i principles.
◈ Inheritance Distribution of Misri Khan
Total Property of Misri Khan = 1 Rupee (as a unit of calculation)
Heirs:
- 6 Sons
- 3 Daughters
Total Shares = 15
◄ Each son receives 2 shares
◄ Each daughter receives 1 share
❖ Qur’anic Evidence
﴿ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ ﴾
Surah An-Nisa
❖ Modern Decimal-Based Distribution
Let’s assume total property = 100 shares for clarity:
◄ 6 Sons = 79.999 shares (each gets 13.333)
◄ 3 Daughters = 19.999 shares (each gets 6.666)
❖ Important Clarification
The property that remained under Sain Bakhsh’s control was not his exclusive ownership. It was part of Misri Khan’s estate and rightfully belonged to all heirs. Therefore, Sain Bakhsh’s sons have no Shar‘i right to withhold it from their paternal uncles. They must return their rightful shares according to Islamic inheritance laws.
ھٰذَا مَا عِندِی وَاللّٰہُ أَعْلَمُ بِالصَّوَاب
