Question:
How to distribute the inheritance of:
1- A man who dies and leaves behind a father, mother, wife and a son?
2- A woman who dies and leaves behind a father, mother, husband and a son?
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
According to the Sharia Laws of Inheritance and Succession, distribution of an estate will only commence after settling of funeral & burial expenses, debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third (⅓) of the estate that remains after settling of debts and funeral expenses. Thereafter, all assets form part of the Net Estate and will be distributed as follows:
1– In the first scenario where a deceased man leaves behind a father, mother, wife and a son, the estate will be apportioned into 24 parts to be distributed as mentioned below:
HEIRS | SHARES | PERCENTAGE |
Father | 4/24 (⅙) | 16.67 % |
Mother | 4/24 (⅙) | 16.67 % |
Wife | 4/24 (⅛) | 12.5 % |
Son | 13/24 | 54.17 % |
2– In the second scenario where a deceased woman leaves behind a father, mother, husband and a son, the estate will be apportioned into 12 parts to be distributed as mentioned below:
HEIRS | SHARES | PERCENTAGE |
Father | 2/12 (⅙) | 16.67 % |
Mother | 2/12 (⅙) | 16.67 % |
Husband | 3/12 (¼) | 25 % |
Son | 5/12 | 41.67 % |
And Allah Ta’āla Knows Best
Mufti Khaleel Ali
Darul Iftaa, Jaamia Madinatul Uloom (Trinidad)
www.fatwa-tt.com /www.jaamia.net