Source: Fatāwā Rāshidiyyah, Page 645
Respected scholars are asked:
A man named Ḥājī Muḥammad Jamālī passed away. Among his heirs, he left:
According to Sharīʿah, how will their shares be distributed?
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must first be understood that from the estate of the deceased:
◄ The funeral and burial expenses are taken out.
◄ Any debts are repaid.
◄ Any bequest (provided it does not exceed one-third of the estate) is executed.
After these rights are fulfilled, the remaining estate is divided.
Total Estate = 100%
This is the proper distribution according to the Sharīʿah of Muḥammad ﷺ.
ھذا ما عندی واللہ اعلم بالصواب
❖ Question
Respected scholars are asked:
A man named Ḥājī Muḥammad Jamālī passed away. Among his heirs, he left:
- Two sons (Bilāwal and ʿAbd al-Ḥayy)
- Two daughters (Khairān and Niʿmat)
- One wife (Jādū)
According to Sharīʿah, how will their shares be distributed?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must first be understood that from the estate of the deceased:
◄ The funeral and burial expenses are taken out.
◄ Any debts are repaid.
◄ Any bequest (provided it does not exceed one-third of the estate) is executed.
After these rights are fulfilled, the remaining estate is divided.
Principle of Division
- The wife receives one-eighth (1/8) of the total estate.
- The remainder is distributed among the children, with a son receiving twice the share of a daughter.
Practical Example (Assuming Estate = 1 Rupee)
- Wife: 2 āna
- Son (Bilāwal): 4 āna 8 pāī
- Son (ʿAbd al-Ḥayy): 4 āna 8 pāī
- Daughter (Khairān): 2 āna 4 pāī
- Daughter (Niʿmat): 2 āna 4 pāī
Modern Percentage (Decimal) Distribution
Total Estate = 100%
- Wife: 12.5% (1/8)
- Two Sons (ʿAṣabah): 58.33% total → 29.16% each
- Two Daughters (ʿAṣabah): 29.16% total → 14.58% each
Conclusion
This is the proper distribution according to the Sharīʿah of Muḥammad ﷺ.
ھذا ما عندی واللہ اعلم بالصواب
