Distribution Of Estate
Question
My aunt passed away 6 years ago. Her parents predeceased her and she had no children. She is survived by her husband, with children conceived by my aunt, and two sisters with children i.e. 3 boys and 1 girl. Her three brothers also predeceased her, survived by their children i.e. 6 boys and 7 girls.
My aunt’s estate is made up of property, a car and money. How should her estate be distributed?
Answer
According to the Islamic law of succession, the estate will be dissolved in the following manner:
a) The burial expenses will be paid by the husband.
b) Any debts incurred by the deceased which still remain outstanding will be settled.
c) Any bequests made by the deceased will be settled from 1/3 of the remainder. (i.e. the remainder after off–setting the debts and paying burial expenses).
d) The remainder will be distributed amongst the legal heirs according to the Quraan and Sunnah as calculated below:
HUSBAND: 42.86%
SISTER 1: 28.57%
SISTER 2: 28.57%
TOTAL: 100%
- Answered by
- Mufti Abdul Kader Fazlani
- Checked & approved by
- Mufti Yacoob Vally Saheb
Fatawa SA is an independent, read-only index of fatawa already published by Darul Ifta Ibn Masood. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.