Inheritance Query
| Fatwa #1374 | Category: Inheritance | Country: Zambia | Date: 3rd February 2025 |
| Fatwa #1374 | Date: 3rd February 2025 |
| Category: Inheritance | |
| Country: Zambia | |
Question
Assalamualaikum..
Hope you are good.. This massage is regarding on the meeting we had last week on Thursday.
My Father passed away last year and now we would like to separate our business. When we started this business we had no conditions to how we will share the business. We are four brothers shoiab, sajid, imran nd suhel. The elder brother has been staying in UK for long time. My mother is still alive. Can you please advise us how we can share the business.
At first my father and we were working. Then we decided to started our own business.
Jazakallah.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
| DISCLAIMER |
| • The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
• Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused. • This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa |
According to the Shar’i Laws of Inheritance and Succession, 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 net estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.
The entire estate of the deceased father will be divided into 32 shares and distributed as follows:
| Heir | Share | Percentage |
| Wife | 4 | 12.5% |
| Son 1 | 7 | 21.875% |
| Son 2 | 7 | 21.875% |
| Son 3 | 7 | 21.875% |
| Son 4 | 7 | 21.875% |
| Total | 32 | 100% |
If the business was started by the late father with his capital, and the sons only began working there and the father did not give the business to them, then the business is to be distributed amongst the heirs as shown above.
If the business was started and funded by a few brothers, then the business belongs to them specifically. The other heirs cannot make a claim against them.
In either case, if the business is to be split, then the entire business must be evaluated, (cash in hand plus stock at cost value less any pending liabilities), and each partner will receive a percentage share of everything. If the partners cannot agree on values, then they must sell off all the stock and thereafter distribute the cash. Alternatively, partners can also take their share of actual goods instead of selling it off.
And Allah Ta’āla Knows Best
Mufti Bilal Pandor
Concurred by
Mufti Muhammad IV Patel
Darul Iftaa Mahmudiyyah
Lusaka, Zambia