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%

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

ANSWERED BY:

Mufti Abdul Kader Fazlani

Date: 27 Rabi-ul-Aakhir 1447 / 20 October 2025

CHECKED AND APPROVED BY:

Mufti Yacoob Vally Saheb