AssalamoAlaikum
Dear Mufti Sahib,
I seek your guidance regarding the Islamic distribution of my late father's estate.
My late father left following assets:
• A property currently valued at USD 535,000.
• A business in which there are four partners, each holding a 25% share. My late father's 25% share in the business has a capital value of approximately USD 535,000.
Heirs are as follows:
• My mother
• Two sons (including myself)
• One daughter
Kindly advise how the estate should be distributed according to Sharī'ah. Specifically, I would like to know the monetary share that each heir would receive based on the above details.
Regards,
C/o Haji ۔۔۔۔۔Karachi
بسم الله الرحمن الرحيم
الجواب وبالله التوفيق
After the payment of the deceased's funeral expenses, any outstanding debts, and the execution of any valid bequest (waṣiyyah) within one-third of the estate (if applicable), the remaining estate shall be distributed among the legal heirs according to the injunctions of the Sharī‘ah.
In the case presented, the estate will be divided into 40 shares as follows:
Widow: 5 shares (1/8) (12.5%)
Son 1: 14 shares (35%)
Son 2: 14 shares (35%)
Daughter: 7 shares (17.5%)
The distribution of Amount (USD) will be as follows:
Widow - 66,875 $ (12.5%)
Son 1 - 187,250 $ (35%)
Son 2 - 187,250 $ (35%)
Daughter - 93,625 $ (17.5%)
Allah Most High says:
﴿يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾
"Allah commands you concerning your children: for the male is a share equal to that of two females." (Surah al-Nisā’ 4:11)
Allah Almighty also says:
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ﴾
"If you have children, then for your wives is one-eighth of what you leave behind." (Surah al-Nisā’ 4:12)
So, in the left property widow acquired 1/8 (12.5%) while remaining will be distributed between children with sons getting twice than the daughter.
والله تعالى أعلم بالصواب
کتبہ
Mufti Abdul Rehman Qadri
Limbe Jaame Masjid Malawi 🇲🇼
18 Moharram 1448ھ