Question Summary:
Estate Distribution Question Detail:
As-salaamu alaykum,
Answer :
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
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 Shariah Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, which should not be extravagant nor miserly.
Thereafter all debts (including legal costs) and bequests (if any) made to non-heirs - which will not exceed one-third (1/3) of the Estate should be paid.
Thereafter, all assets form part of the Net Estate and will be distributed according to the Islamic Law of Succession and Inheritance.
(1) If a man passed away and is survived by:
In principle, if one’s parents pass away before the child, the parents do not inherit from the child’s estate.
Accordingly, in the above example, the estate will be divided in the ratio 2:1 between the brother and Two Sisters.
BENEFECIARIES
SHARES
PERCENTAGE
Brother
1/2
50%
Elder Sister
1/4
25%
Younger Sister
1/4
25%
TOTAL
100%
The three nieces will not inherit
(2) If a man passed away and is survived by:
The Mother will inherit 1/6th of the estate and the Father will inherit the residue 5/6th.
The two sisters and brother will not inherit.
BENEFECIARIES
SHARES
PERCENTAGE
Mother
1/6
16.67%
Father
5/6
83.33% (Residue)
Brother
NIL
NIL
Elder Sister
NIL
NIL
Younger Sister
NIL
NIL
TOTAL
100%
(3) If a man passed away and is survived by:
The father will inherit the entire estate.
BENEFECIARIES
PERCENTAGE
Father
100%
Brother
NIL
Elder Sister
NIL
Younger Sister
NIL
TOTAL
100%
(4) If a man passed away and is survived by:
The Mother will inherit 1/6th of the estate. The remainder will be distributed amongst the brother and Two Sisters in the ratio 2:1
BENEFECIARIES
PERCENTAGE
Mother
16.67%
Brother
41.67%
Elder Sister
20.84%
Younger Sister
20.84%
TOTAL
100%
And Allah Ta’āla Knows Best
Muhammad I.V Patel
Student Darul Iftaa
Lusaka, Zambia
Checked and Approved by,
Mufti Ebrahim Desai.
| 
