Fatwa: # 16146
Category: Inheritance (Irth)
Country: South Africa
Date: 1st February 2008

Title

How would the fathers estate be distributed?

Question

i would like to know if your father passes away and the following heirs are the wife the daughter and the son how would the estate be distribute?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

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 according to the Islamic Law of Succession and Inheritance.

The deceased’s estate will be divided into 24 shares as follows:

The wife will receive 3 shares, the son will receive 14 shares and the daughter will receive 7 shares.

And Allah knows best

Wassalam

Ml. Yusuf bin Yaqub,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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