Inheritance

  • Dividing an Estate for Inheritance

    (1) In general, every heir, regardless of which household he/she belongs to, has a specific share of the total estate. The default is that each individual part of the estate (like each plot of land, for example) is divided among all heirs based on respective shares. However, if the heirs mutually agree, then the estate could be divided in a way such that one person or family has one entire plot while another one has another plot, as long as everyone still receives his/her respective share.
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  • Basic Principles

    You are not allowed to allocate your wealth to whomever you wish as estate division; rather, the Sacred Law prescribes inheritance laws that are obligatory.

    For a precise division of your estate, you would have to consult a scholar and provide details of which of your family members are alive. For example, you did not mention your mother. If she were alive, it would affect the estate division as the mother is entitled to either one-third or one-sixth, depending on the number of siblings or children of the deceased.

    For example your husband would get one-half of the estate, and your father would get the other half. Your brothers would receive nothing due to the presence of your father.

    If You Had Children…

    In ALL of the cases listed below, your husband would get one-fourth, and your father one-sixth. Now…

    –If you had only one daughter and no sons, she would get one-half of the estate, and that which remains would go to the father [in addition to his one-sixth mentioned above].

    –If you had two or more daughters and no sons, those daughters would equally share two-thirds of the estate.

    –If you had one son and no daughters, the son would receive the remaining amount.

    –If you had two or more sons and no daughters, those sons would equally share the remaining amount.

    –If you had one or more sons along with one or more daughters, then the remaining amount is shared among those children, each son receiving double of each daughter, as is explicitly stated by Allah Most High in the Qur’an, “And for the male is a portion equal to that of two females” (4:11).

    [Maydani, Lubab; Razi, Tuhfat al-Muluk]

    And Allah alone gives success.

  • Walaikum assalam,

    There are a few possibilities here:

    If the wealth of the other person is more than 50% haram, it is not permitted to transact with them or accept their gifts;

    If their wealth is less than 50% haram, it is permitted;

    If you know that the very item you received was acquired in a purely haram way (such as with 100% haram money), it would not be permitted to accept such an item;

    When in doubt, or uncertain, we assume that the other person’s wealth is mostly halal, even if they are non-Muslims, and we can deal with them. However, whenever there is genuine reasons to doubt, it would be more cautious to avoid dealing with the person. At the same time, it is obligatory for us to have a good opinion of all, even non-Muslims, and we cannot spy on others or assume the worst of them. [Based on texts from Ibn Abidin, the Fatawa al-Hindiyya, and Ahsan al-Fatawa.]

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