Shari‘ah Ruling on Property Distribution and Inheritance After Death
Source: Fatawa Rashidiyyah, p. 660
Question:
A woman named Saidan received a share from her mother’s estate. During her lifetime, in full senses, she gifted this share to her two maternal uncles, Ali Khan and Jafar, through a documented deed with witnesses. However, the possession of the property has not yet been transferred to them and remains with other people.
Now, after Saidan’s death, her heirs are:
- one stepbrother,
- one stepsister,
- one stepmother,
- and her two maternal uncles (Ali Khan and Jafar).
Who is entitled to her estate according to Shari‘ah?
Shar‘i Guidelines for Distribution
Before dividing the inheritance, the following steps must be completed:
- Funeral and burial expenses.
- Repayment of debts, if any.
- Execution of any valid will (within one-third of the estate).
Distribution in This Case
- Saidan had bequeathed (hibah) a portion of 5 annas and 4 pies to her two uncles during her lifetime. Since it was documented with witnesses, this will be fulfilled first.
- After deducting this, the remaining 10 annas and 8 pies will be divided among her heirs.
- The mother (stepmother in this case, if legally proven as wife of Saidan’s father) receives 1/6 share from what remains.
- The rest is distributed to the other eligible heirs according to Shari‘ah.
Key Point:The gift (hibah) with proper documentation and witnesses is valid. The remainder of the estate is divided after fulfilling this, giving the mother her fixed share, and the rest to eligible heirs.
Conclusion:
The gifted share goes to Ali Khan and Jafar. The remainder is distributed among Saidan’s legitimate heirs, with the mother entitled to one-sixth, and the balance shared among the others as per Shari‘ah rules.
والله أعلم بالصواب
