My father has to make his will can you please advise what is the share percentage he should allocate in the light of Shariah. His family are his wife and 3 children, elder one is daughter, 2nd eldest is son and youngest one is son. Both the eldest children are married and has one child each. Youngest son is still doing his university studies.

June 27, 2013 By

Question:

My father has to make his will can you please advise what is the share percentage he should allocate in the light of Shariah.

His family are his wife and 3 children, elder one is daughter, 2nd eldest is son and youngest one is son.

Both the eldest children are married and has one child each. Youngest son is still doing his university studies.

Jazak allah

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

According to the Islamic law of inheritance, the distribution of the estate will only commence after the following three things have been settled from the estate of the deceased:

1)      Funeral expenses (not including any extravagances)
2)      Debts (if any) including the legal costs
3)      Bequests (if any) made to non-heirs. This is not to exceed one third of the estate after the above mentioned two things have been settled.

Once the above have been taken care of, the remaining estate of the deceased will be distributed to the heirs in accordance with Islamic law.

Based on the information you have provided, your father’s estate will be divided into 40 equal shares and distributed as follows:

  • 5 shares will be given to his wife
  • 7 shares will be given to his daughter
  • 14 shares will be given to each of his two sons

Note: If your father has any other heirs (such as his parents etc.), then the abovementioned allocations may not be applicable.

And Allah knows best.

Mufti Faizal Riza
3/6/2012
Darul Ifta Australia
www.mufti-online.net

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Filed Under: Fatwa, Inheritance