Good Deed: #139 Share inheritance correctly
Riddle: A woman get’s divorced and out of shock dies of a heart attack. Her only heir is 1 daughter. How many shares does her husband & daughter get?
4:7 (Y. Ali) From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large,-a determinate share.
4:8 (Y. Ali) But if at the time of division other relatives, or orphans or poor, are present, feed them out of the (property), and speak to them words of kindness and justice.
4:9 (Y. Ali) Let those (disposing of an estate) have the same fear in their minds as they would have for their own if they had left a helpless family behind: Let them fear Allah, and speak words of appropriate (comfort).
4:11 (Y. Ali) Allah (thus) directs you as regards your Children’s (Inheritance): to the male, a portion equal to that of two females; if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. The distribution in all cases (is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-knowing, All-wise
4:12 (Y. Ali) In what your wives leave, your share is a half, if they leave no child; but if they leave a child, ye get a fourth; after payment of legacies and debts. In what ye leave, their share is a fourth, if ye leave no child; but if ye leave a child, they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies and debts; so that no loss is caused (to any one). Thus is it ordained by Allah. and Allah is All-knowing, Most Forbearing.
4:33 (Y. Ali) To (benefit) every one, We have appointed shares and heirs to property left by parents and relatives. To those, also, to whom your right hand was pledged, give their due portion. For truly Allah is witness to all things.
4:176 (Y. Ali) They ask thee for a legal decision. Say: Allah directs (thus) about those who leave no descendants or ascendants as heirs. If it is a man that dies, leaving a sister but no child, she shall have half the inheritance: If (such a deceased was) a woman, who left no child, Her brother takes her inheritance: If there are two sisters, they shall have two-thirds of the inheritance (between them): if there are brothers and sisters, (they share), the male having twice the share of the female. Thus doth Allah make clear to you (His law), lest ye err. And Allah hath knowledge of all things.
Narrated Sa’d
I heard the Prophet saying, “Whoever claims to be the son of a person other than his father, and he knows that person is not his father, then Paradise will be forbidden for him.” I mentioned that to Abu Bakra, and he said, “My ears heard that and my heart memorized it fromAllah’s Apostle 008.080.758
Narrated Usama bin Zaid
the Prophet said, “A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim.”008.080.756
Narrated Abu Huraira
The Prophet said, ” If somebody dies (among the Muslims) leaving some property, the property will go to his heirs; and if he leaves a debt or dependants, we will take care of them.”008.080.755
Narrated Ibn ‘Abbas
The Prophet said, “Give the Fara’id (the shares of the inheritance that are prescribed in the Qur’an) to those who are entitled to receive it; and whatever is left should be given to the closest male relative of the deceased.”008.080.738
Islamic laws of inheritance – Dr Zakir Naik
Action Plan
The following link accesses a computer package which will instantly work out your heir’s entitlement – www.islamicsoftware.org/irth.html
There are 6 simple rules which if borne in mind will allow any adviser to calculate shares probably 90% of the cases that occur. The rules are as follows:-
1. Wife receives 1/8 or 1⁄4 of husband’s estate, with or without children respectively.
2. Husband receives 1⁄4 or 1/2 of wife’s estate, with or without children respectively.
3. Mother and father receive 1/6 each if client has children. If client has no children, then mother get 1/3
4. Sons get twice what daughters receive of the residual estate after fixed share inheritors receive their shares.
5. If 2 or more daughters exist, they receive 2/3 of the estate. One daughter alone receives 1⁄2 the estate.
other resources
- Bukhari inheritance laws
- Inheritance strategy
An example of Islamic inheritance
Possible 1000 Good Deed Dilemma solutions
Disclaimer: Please always contact a learned scholar in your area regarding your own personal riddles. These are suggested answers and may not be the correct ones. Allah knows best.
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