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  • Inheritance Distribution By Mother In Her Lifetime With 6 Brothers And 1 Sister

    Posted by Imran Ahmed on August 21, 2023 at 6:11 am

    Assalamualaikum,

    What would be the right way of dividing/distributing inheritance amongst the family members according to Quran & Sunna in the following situation:

    1 (a). A Family House is the total inheritance that needs to be divided/distributed amongst Mother and her 7 children (6 brothers & 1 sister.

    1 (b). Father passed away many years ago, the aforesaid property is on Mother’s name currently. Mother is in her 80s and wish to divide this property in her life.

    Kindly advise from mother’s perspective as to how she should divide this property justly among her off spring according to Quran & Sunnah. Moreover, what different possibilities/ways there exist that she can use to divide the aforesaid property? For example, can she give her individual share to her daughter? Similarly any other possible right she might exercise permissible according to Quran n Sunnah such giving away part of the inheritance amount to one particular child for his/her services as the daughter took all the care of her mother all her life and one of the son supported financially and in care giving.

    Note that most of the siblings ard not in favor of the method of division described in the paragraph above.

    Looking forward to your detail response with good advice as to how should this matter be handled and settled in. Kindly do provide references from Quran/sharia laws.

    Jazakallah.

    Regards,

    Imran Ahmed

    Umer replied 11 months ago 3 Members · 2 Replies
  • 2 Replies
  • Inheritance Distribution By Mother In Her Lifetime With 6 Brothers And 1 Sister

    Umer updated 11 months ago 3 Members · 2 Replies
  • Dr. Irfan Shahzad

    Scholar August 23, 2023 at 12:07 am

    It is now the mother’s property. She has the authority to distribute according to her priorities but with a full sense of justice in her life. If she does not make a will, the property will be distributed according to the law of inheritance. According to this, each son will get double the share of a daughter. 2:1.

    The law of inheritance comes to play after the death of the person and it is applicable only to the estate about which no will is made. So your mother in the light of the needs and circumstances of her children can decide how to distribute the property with justice. She is not obliged to distribute it according to the law of inheritance. However, if she wants to distribute her estate according to the law of inheritance in her life to avoid any conflict, then the property should be divided by 14 (7×2=14). Each son will get two shares and the daughter will get one. For example, if the single share is worth Rs. 200,00. Each son will get 400.000 and the daughter will get 200,00.

    Also refer to the video

    https://www.youtube.com/watch?v=-5kNUs1myy8

  • Umer

    Moderator August 23, 2023 at 12:12 am

    If you are seeking resolution of any personal inheritance matter, its distribution and seeking an official fatwa, then please refer to the follwing link and fill out the Fatwa Form and our team will get back to you:

    https://www.ghamidi.org/fatwa/

    And for understanding of Islamic Inheritance Law, please see the response below.

    _____

    As far as the islamic law of inheritance is concerned, following points must be kept in mind first:

    One can give his property to anyone during his lifetime the way he deems fit. The only advice that we can give is that the owner of the property should try to be as Just as possible. (Please see for details: Discussion 80202)

    The islamic law of inheritance comes into play after the death of the person and in that law, will (wasiyat) is given priority. Since the Almighty Himself has made a will in favor the heirs of a deceased. So no Muslim can dare make a will in this regard. Thus, on the basis of familial relationship, no will can be made in their favor; however, a will can certainly be made in favor of these very heirs because of some need they may have or because of some service they may have rendered for the deceased or because of any similar matter. Thus if one of the children of a person is school going and as such is not earning while others are, or if one of the children has served his parents more than the others, or if a person fears that after his demise there will be no one to look after and provide for his wife, then a will can be made in favor of each of these. Just as a will can be made in favor of friends or for the purpose of charity, it can similarly be made in favor of these heirs. There is nothing in the shariah which hinders it.

    (Please see for details: Discussion 32372 AND Discussion 2587 • Reply 2615)

    After considering the above points, now the distribution will happen in accordance with the law of Inheritance in Quran. The wealth of every Muslim must necessarily be distributed after his death among his heirs in the following manner:

    o. If the deceased has outstanding debts to his name, then first of all they should be paid off from the wealth he has left behind. After this, any will he may have bequeathed should be paid. The distribution of his inheritance should then follow.

    o. No will can be made in favour of an heir ordained by the Almighty except if his circumstances, or the services rendered by him or his needs in certain situations call for it. Similarly, a person who has severed the foundations of kinship with a person through his words and deeds cannot be his heir.

    o. After giving the parents and the spouses their shares, the children are the heirs of the remaining inheritance. If the deceased does not have any male offspring and there are only two or more girls among the children, then they shall receive two-thirds of the inheritance left over, and if there is only one girl, then her share is one-half. If the deceased has only male children, then all his wealth shall be distributed among them. If he leaves behind both boys and girls, then the share of each boy shall be equal to the share of two girls and, in this case also, all his wealth shall be distributed among them.

    o. In the absence of children, the deceased’s brothers and sisters shall take their place. After giving the parents and spouses their shares, the brothers and sisters shall be his heirs. The proportion of their shares and the mode of distribution shall be the same as that of the children stated above.

    o. If the deceased has children or if he does not have children and has brothers and sisters, then the parents shall receive a sixth each. If he does not even have brothers and sisters and the parents are the sole heirs, then one-third of his wealth shall be given to the mother and two-thirds to the father.

    o. If the deceased is a man and he has children, then his wife shall receive one-eighth of what he leaves, and if he does not have any children, then his wife’s share shall be one-fourth. If the deceased is a woman and does not have any children, then her husband shall receive one-half of what she leaves and if she has children, then the husband’s share is one-fourth.

    o. In the absence of these heirs, the deceased can make someone an heir. If the person who is made an heir is a relative and has one brother or one sister, then they shall be given a sixth of his share and he himself shall receive the remaining five-sixth. However, if he has more than one brother or sister, then they shall be given a third of his share and he himself shall receive the remaining two-thirds.

    (Please see for complete law in detail with references from Quran: Discussion 10380)

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