Fatwaa ID: 213
Question:
assalamualaykum Mufti Sahab
I am ********* from India
I just want to know how to divide father’s property between 2 brothers and 3 sisters?
exp. I have 100,000 Rs. How to divide it to all?
JazakAllah Khairah
Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.
| DISCLAIMER |
| •The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question. •Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused. •This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa. |
According to the Shari’ah Laws of Inheritance and Succession, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third (1/3) of the estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the net estate and will have to be distributed according to the Islaamic Law of Succession and Inheritance.
We have been advised that the deceased is survived by,
- two brothers
- three sisters
Accordingly, the estate of the deceased will be divided into 7 shares as follows:
| Beneficiaries | Shares | Percentage |
| Brother 1 | 2 | 28.56 % |
| Brother 2 | 2 | 28.56 % |
| Sister 1 | 1 | 14.28 % |
| Sister 2 | 1 | 14.28 % |
| Sister 3 | 1 | 14.28 % |
| TOTAL | 7 | 99.96 % |
If the deceased was survived by a wife (mother), she too will inherit. In that instance, the above distribution will not apply.
Note: Due to the intricacies of rounding off each beneficiary’s percentage share to the nearest decimal point, there is a remainder of 0.04% in the percentage column. This could result in some minute amount of the estate being left over after distribution. Hence, in the event of any surplus left after distribution, that can either be given in charity on behalf of the deceased with the consent of all the heirs or it can be given to any of the heirs with the permission of the others; otherwise it will have to be redistributed according to the above percentages as far as possible.
In the example provided, 28.56% of Rs.100,000 is R28,560, and 14.28% of Rs.1000,00 is Rs.14,280. There will be a remainder of Rs.40 which can either be given in charity on behalf of the deceased with the consent of all the heirs or it can be given to any of the heirs with the permission of the others; otherwise it will have to be redistributed according to the above percentages as far as possible
And Allaah Ta’aala Knows Best.
Muajul I. Chowdhury
Student, Darul Iftaa
Astoria, New York, USA
Checked and Approved by,
Mufti Ebrahim Desai.
وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين
__________________
Disclaimer
Darul Iftaa New York answers questions on issues pertaining to Shari’ah. These questions and answers are placed for public view on askthemufti.us for educational purposes. The rulings given here are based on the questions posed and should be read in conjunction with the questions. Many answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation.
Darul Iftaa New York bears no responsibility with regard to its answers being used out of their intended contexts, nor with regard to any loss or damage that may be caused by acting on its answers or not doing so.
References and links to other websites should not be taken as an endorsement of all contents of those websites.
Answers may not be used as evidence in any court of law without prior written consent of Darul Iftaa New York.