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Fatwa Answer
Question ID: 710 Category: Dealings and Transactions
Distribution of Inheritance
Assalamualaikum
We are an Indian family living in Saudi Arabia for over the past 40 years. My sister got married 3 years back. She was staying with her husband in Jeddah since then. Recently they had come to India for annual vacation and were staying in their newly setup flat. My sister's husband suddenly fell sick and passed away. His family consists of the following:
1) My sister as second and recent wife without any children
2) His ex-wife and 2 girls borne out of his first wedding which he had annulled and pronounced divorce
3) Father, 2 married sisters and a married elder brother
I would like to know how the assets of my sister's late husband are going to be divided as per Shariah ruling.
Jazak Allah Khair and hope to get a quick response.
الجواب وبالله التوفيق
According to the Islamic Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs - which will not exceed one-third(1/3) of the Estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the Nett Estate and will have to be distributed by making 24 equal shares and giving:
- 3 shares to your sister
- 8 shares to each of the two daughters from the deceased husband’s first wife
- 5 shares to the father of the deceased husband
The brother and two sisters of your deceased brother in law will not receive anything.
واللہ اعلم بالصواب