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Fatwa Answer

Question ID: 811 Category: Business Dealings
Distribution of Inheritance

As-salaam-alaikum.

 
I request your advise on the matter of inheritance, as below:
 
One of our friends has a problem of distribution of shares of inheritance of a deceased in Pakistan to the inheritors. The deceased's sons & daughters appear to be fighting over their respective shares implying that the daughters get more than the sons whereas, in Shariah, it is the opposite.
 
According to Islamic Shariah, in our opinion, the percentages for the family of the deceased whose numbers are as follows , would be as mentioned below, bearing in mind that there are no creditors :
 
Amount of inheritance               =  PRs. 13,500,000 
Sons 3 (three)            3x2 = 6
Daughters 5 (five)      5x1 = 5    (ie. 11 shares)
Widow 1 (one)
 
After giving 1/6% share to widow                    = PRs.       21,600
Remaining amount of inheritance                    = PRs.13,478,400
This amount be divided in 11 shares         PRs.  1,225,309
3 sons get PRs. 1,225,309 x 6                         = PRs. 7,351,854   {each son gets PRs. 2,450,618}
5 daughters get PRS. 1,225,309 x 5                = PRs. 6,126,545   {each daughter gets PRs. 1,225,309}
 
I shall be obliged if you will please confirm our above understanding OR let us have your advise  under Islamic Shariah. Thank you.
 
Jazakum Allahu khairan.
 
Your brother in Islam,

الجواب وبالله التوفيق      

As per the situation described in your question, 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 Net Estate and will have to be distributed according to the Islamic Law of Successionand Inheritance as per follows:

 

The net estate will be divided in 88 equal shares out of which 11 shares will be given to the mother, each brother will receive 14 shares and each sister will receive 7 shares. In that fashion the total of 135,000,00.00 will be divided as follows:

16,87,500.00

Widow (mother) will receive

21,47,727.27

Each son will receive

10,73,863.64

Each daughter will receive

 

 

 

 

 

 

 

 

The method used to calculate inheritance in your question is incorrect.

 واللہ اعلم  بالصواب