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Shar‘i Distribution of Inheritance: Wife, Daughters, Sister, and Nephew

Source: Fatāwā Rāshidiyyah, Page 639


❖ Question​


What do the scholars of Dīn say regarding this issue:
Muḥammad Ya‘qūb passed away leaving the following heirs — a wife, two daughters, a nephew, and a sister. According to the Sharī‘ah of Muḥammad ﷺ, how much will each heir receive?


❖ Answer​


Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ‘alā Rasūlillāh, ammā ba‘d!


It is necessary to first understand the Sharī‘ah method of distributing inheritance:


① Funeral and burial expenses are taken from the deceased’s estate.
② Any debts owed are paid from it.
③ If the deceased made a valid bequest, it will be fulfilled from up to one-third of the estate.
④ Whatever remains thereafter, whether movable or immovable, will be considered the estate and divided among the heirs. For convenience, it is assumed as 1 Rupee.


Inheritance Distribution​


Deceased: Muḥammad Ya‘qūb
Total Estate: 1 Rupee


Shares of the heirs:
✿ Wife: 2 āna
✿ Two Daughters: 10 āna 8 pāī
✿ Sister: 3 āna 4 pāī
✿ Nephew: Excluded (receives no share)


Modern Decimal Percentage System​


Total Estate = 100%


  • Wife: 1/8 = 12.5%
  • Two Daughters: 2/3 = 66.66% (each daughter = 33.33%)
  • Sister (ʿAṣabah ma‘a al-ghayr): 20.84%
  • Nephew: Excluded (no share)

Conclusion​


This is the correct distribution according to the Sharī‘ah of Muḥammad ﷺ.


ھذا ما عندی واللہ اعلم بالصواب
 
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