Inheritance Question
Question
My mother passed away earlier this year. I would like to understand how her estate should have been distributed in compliance with Sharia. Her estate consisted of one asset, a property. Her husband (my father) was deceased in 1981. She has four sons, however, one of the sons passed away in 2003. She also has three daughters. Thus, she has three living sons and three living daughters. Me and one of my brothers were happy to waive our share in the inheritance. However, I believe my other brother may not be and I would like to ensure he receives his rightful share. If you take £100 as a baseline for asset value kindly advise correct percentage to apply for distribution. A side note, this brother was indebted to my mother. Should this loan be ignored or included in the calculation?
بسم الله الرحمن الرحیم
Answer
(1) The estate of the deceased will be distributed according to the following:
Each living son – 2/9th (22.22%)
Each living daughter – 1/9th (11.11%)
Each heir is entitled to their share from an Islamic perspective. It is therefore vital to ensure that every heir receives their share. The heirs can gift their share to other heirs if they wish to do so, however, there should be no pressure or compulsion.
(2) Any loans owed to the deceased belongs to the estate of the deceased and is subject to inheritance. Therefore, this is to be factored into the calculation.
Allah knows best
Yusuf Shabbir
19 Jumādā al-Ūlā 1443 / 24 December 2021
Approved by: Mufti Shabbir Ahmed and Mufti Muhammad Tahir
