Inheritance- Do the brother and sister inherit?
| Fatwa #200 | Category: Inheritance | Country: Zambia | Date: 15th June 2019 |
| Fatwa #200 | Date: 15th June 2019 |
| Category: Inheritance | |
| Country: Zambia | |
Question
As salamu alaykum
If a man passes away.
He left behind
-A Wife
-3 Daughters
-1 Brother
-1 Sister
Will the brother and sister inherit? If yes, how much?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
According to the Shariah Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, which should not be extravagant nor miserly.
Thereafter all debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third (1/3) of the Estate should be paid.
Thereafter, all assets form part of the Net Estate and will be distributed according to the Islamic Law of Succession and Inheritance.
We have been advised that a man passes away and is survived by:
- Wife
- Three Daughters
- Brother
- Sister
According to the Shariah laws of Inheritance and Succession, if there are no other heirs besides the above, then the estate will be divided into 72 equal shares as follows:
|
BENEFICIARIES |
SHARES |
PERCENTAGE |
|
WIFE |
9 |
12.5% |
|
DAUGHTER 1 |
16 |
22.22% |
|
DAUGHTER 2 |
16 |
22.22% |
|
DAUGHTER 3 |
16 |
22.22% |
|
BROTHER |
10 |
13.8% |
|
SISTER |
5 |
6.94% |
|
TOTALS |
72 |
100% |
The wife will inherit 9 shares.
Each daughter will inherit 16 shares each.
Brother will inherit 10 shares.
Sister will inherit 5 shares.
And Allah Ta’āla Knows Best
Checked and Approved by
Mufti Nabeel Valli.
Darul Iftaa Mahmudiyyah
Lusaka, Zambia