Inheritance Distribution: Legal Shares of Mother, Sisters, Brother, and Wives in Islamic Law
Source: Fatawa Rashidiyyah, Page No. 572
What do the esteemed scholars say regarding the following issue:
A person named Hajin passed away, leaving behind the following heirs:
According to the Shari‘ah of Muhammad ﷺ, what is the rightful share of each of these heirs?
Later, a woman named Rani passed away, to whom all the aforementioned heirs had gifted their shares, and she had long been in possession of the entire estate.
Upon Rani’s death, she was survived by:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd:
It is essential to always remember the following principles when distributing inheritance:
① First, expenses for shrouding and burial must be paid from the deceased’s estate.
② Second, if the deceased had any outstanding debts, they must be cleared.
③ Third, if there was a will (wasiyyah), it may be executed up to one-third of the estate, provided it is not in favor of an heir.
④ Finally, the remaining estate, whether movable or immovable property, will be distributed among the rightful heirs.
Let us assume the total inheritance is 1 Rupee (0-1). The shares will be as follows:
◈ Mother: 2 ānā and 8 paisā
◈ Two Wives (combined): 4 ānā
◈ Two Sisters (combined): 4 ānā and 8 paisā
◈ One Brother: 4 ānā and 8 paisā
Since all the heirs gifted their respective shares to Ms. Rani, and she had long possessed the estate, she is now considered the sole owner of the entire property.
Hence, upon Ms. Rani’s death, her entire estate will be redistributed, again assuming the estate equals 1 Rupee (0-1).
◈ Husband (Hajin Jaman): 4 ānā
◈ Three Daughters (combined): 10 ānā and 16 paisā
◈ Mother: 1/6 = 16.666 Rupees
◈ Two Sisters (as ʿaṣabah): 29.17 Rupees
◈ One Brother (as ʿaṣabah): 29.17 Rupees
◈ Two Wives: 1/4 = 25 Rupees
◈ Husband: 1/4 = 25 Rupees
◈ Three Daughters: 2/3 = 75 Rupees
هٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Source: Fatawa Rashidiyyah, Page No. 572
❖ Question:
What do the esteemed scholars say regarding the following issue:
A person named Hajin passed away, leaving behind the following heirs:
- One mother
- Two sisters
- One brother
- Two wives
According to the Shari‘ah of Muhammad ﷺ, what is the rightful share of each of these heirs?
Later, a woman named Rani passed away, to whom all the aforementioned heirs had gifted their shares, and she had long been in possession of the entire estate.
Upon Rani’s death, she was survived by:
- Three daughters
- One husband
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd:
It is essential to always remember the following principles when distributing inheritance:
Steps Prior to Distribution of Inheritance:
① First, expenses for shrouding and burial must be paid from the deceased’s estate.
② Second, if the deceased had any outstanding debts, they must be cleared.
③ Third, if there was a will (wasiyyah), it may be executed up to one-third of the estate, provided it is not in favor of an heir.
④ Finally, the remaining estate, whether movable or immovable property, will be distributed among the rightful heirs.
❖ Inheritance Distribution of the Deceased Hajin
Let us assume the total inheritance is 1 Rupee (0-1). The shares will be as follows:
◈ Mother: 2 ānā and 8 paisā
◈ Two Wives (combined): 4 ānā
◈ Two Sisters (combined): 4 ānā and 8 paisā
◈ One Brother: 4 ānā and 8 paisā
Note:
Since all the heirs gifted their respective shares to Ms. Rani, and she had long possessed the estate, she is now considered the sole owner of the entire property.
Hence, upon Ms. Rani’s death, her entire estate will be redistributed, again assuming the estate equals 1 Rupee (0-1).
❖ Inheritance Distribution of Ms. Rani
◈ Husband (Hajin Jaman): 4 ānā
◈ Three Daughters (combined): 10 ānā and 16 paisā
❖ Division According to Decimal System (100 Rupees Assumed)
Estate of the Deceased Hajin:
◈ Mother: 1/6 = 16.666 Rupees
◈ Two Sisters (as ʿaṣabah): 29.17 Rupees
◈ One Brother (as ʿaṣabah): 29.17 Rupees
◈ Two Wives: 1/4 = 25 Rupees
Estate of the Deceased Ms. Rani:
◈ Husband: 1/4 = 25 Rupees
◈ Three Daughters: 2/3 = 75 Rupees
هٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
