Shar‘i Ruling on Distribution of Inheritance Among Heirs
Source: Fatawa Rashidiyyah, Page 623Question
It was asked regarding Muhammad Ismail who passed away, leaving the following heirs:
◈ One stepbrother
◈ One full brother: Muhammad Qasim
◈ Three maternal brothers: Ishaq, Jummo, Hussain
◈ One maternal sister: Amnat
◈ One wife: Mai Aast
The deceased left behind shops, houses, livestock, jewelry, and cash. How will his estate be distributed according to the Shari‘ah of Muhammad ﷺ?
Answer
Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!
Before dividing the estate, the following must be taken care of:
① Funeral expenses are to be deducted first.
② Then, any debts of the deceased must be paid.
③ After that, if a valid will exists, it can only be executed up to one-third of the estate.
Once these steps are completed, the remaining estate (movable and immovable) is distributed among the heirs according to Shar‘i principles.
Distribution of Muhammad Ismail’s Estate
Total estate = 1 rupee
◈ Stepbrother: Excluded (محروم)
◈ Full brother (Muhammad Qasim): 8 paisa 6 annas (as residuary/عصبہ)
◈ Three maternal brothers (Ishaq, Jummo, Hussain) and one maternal sister (Amnat): 4 paisa 5 annas (to be divided equally among the four)
◈ Wife (Mai Aast): 4 annas (⅛ share)
Modern Decimal Calculation (Total = 100%)
| Heir | Share (fraction) | Share (%) |
|---|---|---|
| Stepbrother | Excluded | 0% |
| Full brother (Muhammad Qasim) | Residuary | 41.67% |
| 3 Maternal brothers + 1 Maternal sister (4 total) | Equal shares | 33.33% (8.33% each) |
| Wife (Mai Aast) | 1/4 | 25% |
Conclusion
According to the Shari‘ah of Muhammad ﷺ:
- The wife receives 25%.
- The full brother (Muhammad Qasim) receives 41.67% as residuary.
- The three maternal brothers and one maternal sister together receive 33.33%, divided equally among them.
- The stepbrother is excluded from inheritance.
ھذا ما عندی، واللہ أعلم بالصواب
