Inheritance of a woman who is not living with her husband and is not divorced. Her husband remarried. How is her wealth to be distributed with respect to Islamic Law
Question
My aunt passed away a few months back. She was married but was not living with her husband due to her own personal will, for over 20 years. She has 3 living daughters who are married and have children of their own. She has a living mother and 3 brothers with whom she resided and was dependent financially on during her separation from her husband. Her husband remarried and has 2 children from his second wife. How is her wealth to be distributed with respect to Islamic Law
Answer
According to the Islamic Law of Succession and Inheritance, distribution of an Estate will only commence after funeral expenses, debts 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.
If your aunt was still married and her husband did not divorce her, her estate will be distributed into 39 equal shares and distributed as follows: Mother receives 6 shares, Each daughter receives 8 shares, Husband receives 9 shares.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
- Answered by
- Mufti Ebrahim Desai
Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Mahmudiyyah (AskImam). It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.