Inheritance
Question:
AA.
How should inheritance be distributed in case one has daughters only? Should the girls(s) get 1/2 or 2/3rd of the estate be from the total or after the spouse and parents portion is taken out? The difference can be substantial depending on which formula one uses. Also, what should be done with the balance? Should it be distributed to siblings (brothers and sisters) or can it be given to other deserving people?
Answer:
Assalamu Alaykum,
Please note three things before reading my answer:
1. This answer is based on the assumption that the ruling of inheritance as given in the Qur'an was meant to be a universal and everlasting rule and was not specific to the time and the location.
2. Please also note, to avoid possible confusions, I am answering this question specifically, meaning, I am not writing here the whole system of inheritance, but only those parts that apply to the situation described in the question.
The situation, as I understand from your question, is when the deceased has female children, spouse, parents and brothers and sisters and he has not appointed any of his relatives (i.e. other than the spouse, children and parents) as his/her heir. The portions can be different if the situation is different.
The law of inheritance applied to the situation that you described:
First any debts and any wills of the deceased should be given from his/her assets. What remains will be subjected to the rules of inheritance:
Parents (when the deceased has children or brothers/sisters) and spouses have a fixed proportion of inheritance. The rest of the dependents and relatives (plus those parents who do not have any children or brothers/sisters) get their proportion only based on what has been left after the above category gets the shares.
Accordingly, in the condition that you described, first the parents’ and the spouse’s portions need to be taken out. This is one-sixth for each of the parents and a quarter for the husband if the wife dies or one-eight for the wife if the husband dies.
After this, the daughters will have an equal share from two-third of the remaining assets. If there is only one daughter then she will get half of the assets.
As for the rest of the inheritance, it should be given out on the same basis that the law of inheritance in the Qur’an has been formulated, that is benefit of kinship, meaning who benefits the deceased more. This means the rest of the assets of the deceased should be given to the person (or distributed among the people) who benefit the deceased more. Since the Qur’an has not prescribed who they are this has been left to the judgement of those who are in charge of distributing the inheritance. If no particular relatives adequately fulfill the criteria of ‘benefit of kinship’ then the money can be given to charity.
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August 2013
July 2016
AA.
How should inheritance be distributed in case one has daughters only? Should the girls(s) get 1/2 or 2/3rd of the estate be from the total or after the spouse and parents portion is taken out? The difference can be substantial depending on which formula one uses. Also, what should be done with the balance? Should it be distributed to siblings (brothers and sisters) or can it be given to other deserving people?
Answer:
Assalamu Alaykum,
Please note three things before reading my answer:
1. This answer is based on the assumption that the ruling of inheritance as given in the Qur'an was meant to be a universal and everlasting rule and was not specific to the time and the location.
2. Please also note, to avoid possible confusions, I am answering this question specifically, meaning, I am not writing here the whole system of inheritance, but only those parts that apply to the situation described in the question.
The situation, as I understand from your question, is when the deceased has female children, spouse, parents and brothers and sisters and he has not appointed any of his relatives (i.e. other than the spouse, children and parents) as his/her heir. The portions can be different if the situation is different.
The law of inheritance applied to the situation that you described:
First any debts and any wills of the deceased should be given from his/her assets. What remains will be subjected to the rules of inheritance:
Parents (when the deceased has children or brothers/sisters) and spouses have a fixed proportion of inheritance. The rest of the dependents and relatives (plus those parents who do not have any children or brothers/sisters) get their proportion only based on what has been left after the above category gets the shares.
Accordingly, in the condition that you described, first the parents’ and the spouse’s portions need to be taken out. This is one-sixth for each of the parents and a quarter for the husband if the wife dies or one-eight for the wife if the husband dies.
After this, the daughters will have an equal share from two-third of the remaining assets. If there is only one daughter then she will get half of the assets.
As for the rest of the inheritance, it should be given out on the same basis that the law of inheritance in the Qur’an has been formulated, that is benefit of kinship, meaning who benefits the deceased more. This means the rest of the assets of the deceased should be given to the person (or distributed among the people) who benefit the deceased more. Since the Qur’an has not prescribed who they are this has been left to the judgement of those who are in charge of distributing the inheritance. If no particular relatives adequately fulfill the criteria of ‘benefit of kinship’ then the money can be given to charity.
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August 2013
July 2016