Distribution Of Estate

QUESTION:

Please clarify the distribution of a Marhoom’s estate. He is survived by his wife, one son, and four daughters. Can the mother be instructed to pay the shares of the children while she is still alive?

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 estate.

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:

WIFE: 6 shares (12.5%)

SON : 14 shares (29.17%)

DAUGHTER 1: 7 shares (14.58%)

DAUGHTER 2: 7 shares (14.58%)

DAUGHTER 3: 7 shares (14.58%)

DAUGHTER 4: 7 shares (14.58%)

TOTAL: 48 shares (99.99%)

N.B. Due to the difficulty of rounding off, there is a remainder of 0.01%. This amount may be given in charity with the consent of all the heirs, or re-distributed according to the above percentages.

2. After the demise of the father, the estate should be wound up and all the heirs must be given their rightful dues. The mother does not have the right to hold back any share as it didn’t belong to her.

تتعلق بتركة الميت حقوق اربعة مرتبة الاول يبدأ بتكفينه وتجهيزه من غير تبذير ولا تقتير ثم تقضى ديونه من جميع مابقى من ماله ثم تنفذ وصاياه من تلك ما بقى بعد الدين ثم يقسم الباقي بين ورثته بالكتاب والسنة واجماع الامة (سراجی ص ٥)

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Mufti Abdul Kader Fazlani

Date: 05 Shawwaal 1447 / 25 March 2026

CHECKED AND APPROVED BY:

Mufti Yacoob Vally Saheb