Shar‘i Ruling on Inheritance of Dodo and Distribution Among Heirs
Source: Fatawa Rashidiyyah, Page 629Question
A man named Dodo eloped with a pregnant woman, Makhan, and married her. From this union, three sons (Nangar, Jan, Bachayo) and one daughter (Begum) were born. Later, Dodo’s legal wife, Amnat, eloped with Mitho. A daughter was born in Mitho’s home. After about 15 years, Amnat returned to Dodo’s home.
Subsequently, Dodo passed away leaving behind:
◈ His wife Amnat
◈ One brother Gilo
Now Nangar’s family claim that they are the rightful heirs of Dodo’s estate. Who are the actual heirs according to the Shari‘ah of Muhammad ﷺ?
Answer
Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!
According to the Shar‘i method:
① Funeral expenses are paid first.
② Any debts are settled.
③ If there is a valid will, it is executed from up to one-third of the estate.
④ The remainder is divided among the rightful heirs.
Distribution of Inheritance
Deceased: Dodo
Total estate = 1 rupee
Heirs:
- Wife (Amnat): 4 annas (¼ = 25%)
- Brother (Gilo): 12 annas (¾ = 75%) as residuary (عصبہ)
Qur’anic Evidence
﴿وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ﴾ [al-Nisa]
“And for them (wives) is one-fourth of what you leave, if you have no child.”
Clarification
- The children attributed to Makhan (Nangar, Jan, Bachayo, and Begum) cannot inherit from Dodo because their lineage is invalid.
- The daughter born in Mitho’s house also does not inherit, as no valid marriage existed.
Final Distribution
Total Estate = 100%
- Wife (Amnat): 25%
- Brother (Gilo): 75%
Conclusion
Only Dodo’s wife Amnat and brother Gilo are entitled to his estate. The claims of Nangar and others are invalid in the light of the Shari‘ah of Muhammad ﷺ.
ھذا ما عندی، واللہ أعلم بالصواب
