Wednesday, February 8, 2023
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Mirath query

Fatwaa ID: 452

Question:

Salam, My father is working out his well. Can you kindly advise how the estate should be distributed Islamically?

The following family members are alive:

1 wife

3 sons

4 daughters

1 father

1 sister (who is married and has children)

1 brother

1 grandchild from daughter

Note: A few uncles and aunts and first cousins (I do not know the exact amount but I can find out if needed)

Note: At the moment these are the only relatives I considered. If I should consider any other relatives, please let me know 

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.

We have been advised that the deceased is survived by his father, one wife, three sons, four daughters, one brother, one sister and one grandchild from his daughter. Accordingly, after funeral expenses, debts and bequests, the estate, which is inclusive of ALL of the deceased’s belongings irrespective of how insignificant such as clothing, beauty and hygiene products, etc., will be divided into 240 shares as follows:

BeneficiariesSharesPercentage
Father4016.67 %
Wife30  12.5 %
Son (1)3414.17 %
Son (2)3414.17 %
Son (3)3414.17 %
Daughter (1)177.08 %
Daughter (2)177.08 %
Daughter (3)177.08 %
Daughter (4)177.08 %
TOTAL240100  %

Notes:
-The brother and the sister of the deceased will not receive a stipulated share. Similarly, the grandchild will not receive anything. Likewise, the uncles, aunts and cousins will not receive anything.

-The above will be the shares if they are all alive at that time. If someone predeceases another, then the calculation will be different. This clause should be added to the will.

-Another clause that should be added is thar prior to distribution, the shares should be confirmed by a competent scholar.

-It should be noted that the above calculations are based on the information provided. If there are other heirs, then the above may not be applicable.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

07/02/1444 AH – 01/24/2023 CE

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

__________________
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