Fatwa: # 18720
Category: Misc. Fiqh
Country: Pakistan
Date: 8th June 2010

Title

A person died, left 3 sons and 3 daughters and a wife. Out of these 6 children 2 sons and 1 daughter is from his first wife who died after giving birth to 3rd children. Thereafter he...

Question

A person died, left 3 sons and 3 daughters and a wife. Out of these 6 children 2 sons and 1 daughter is from his first wife who died after giving birth to 3rd children. Thereafter he again got married and got  2 daughters and a 1 son from his second wife.  how will his wealth be distributed? Kindly also support with Quranic Verses.

Secondly, his second marriage was with a divoced women who also had a daughter. Does she has any right to above distribution.

Answer

 

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

 

According to the Islamic law of inheritance, the distribution of the estate will only commence after the following three things have been settled from the estate of the deceased:

 

1)       Basic Funeral expenses (not including any extravagances)

2)       Debts (if any) including the legal costs

3)      Bequests (if any) made to non-heirs. This is not to exceed one third of the estate after the abovementioned two things have been settled.

 

Once the above have been taken care of, the remaining estate of the deceased will be divided into 72 equal shares and distributed as follows:

 

-          9 shares will be given to the wife

-          14 shares will be given to each of the three sons

-          7 shares will be given to each of the three daughters

 

The deceased man’s stepdaughter will not inherit from him.

And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum

 

Ml. Faizal Riza
Correspondence Iftā Student, Australia

Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā

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