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Inheritance (distribution Hierarchy And Second Marriage Of The Widow)
Asalamualikum
My question is regarding the distribution of inheritance.
Do we first give the share of parents, then wife, then kids.
If the deceased has only one daughter will the rest be then given to the brothers and sisters of the deceased.
I want to know the order of precedence.
Secondly if the wife of the deceased remarry, will she have the right in the inheritance
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8 Replies
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Inheritance (distribution Hierarchy And Second Marriage Of The Widow)
updated 2 years, 9 months ago
2 Members
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8
Replies
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The share of the parents and wife will be given from the whole assets and then the rest will be distributed among the children if they are boys and girls both.
If there is only one daughter, she will get one half of the inheritance the rest will go to the nearest of male member of the family: grandfather, paternal uncle, etc.
The widow is entitled to get her share from her deceased husband, her remarriage does not affect her right the her share.
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That means if the deceased has 100Rupees
Wife will get 1/8 of 100
Parents will get 1/6 of 100
If the deceased has a daughter she will get half of the remaining
The other half will go to male members only?
Why not her sisters?
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This is the Ijtihad of the prophet and disciplanary in nature. However, if one feels that in a particular case the rest should go to someone else, the authority (court etc) can decide otherwise.
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Is the distribution on 100 rupee to both wife and parents right?
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yes
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The deceased had one daughter and wife. The wife will get 1/8 from the whole, the daughter will get 1/2 of the remaining.
As u said, the rest will go to the close male relatives of the family.
In this regard i have a couple of queries:
Will the half go to the close male relative of the deceased or the daughter.
The deceased had 2 brothers and 2 sisters, of which the 2 brothers have died. Will the inheritance pass on to the sisters of the deceased.
Or it will go to the paternal cousins of the daughter whos father has passed away
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According to the set rule of Ijtihad, it is the closest to the deceased. if no such male is available, then maternal closest male can be chosen. In the above case, male cousins are entitled to get the remaining share.
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What about the sisters of the deceased?
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