Fatwa ID: 07411
Answered by: Alimah Saleha Bukhari Islam
Question:
Sir I have a question regarding inheritance.
We are 6 brothers and one sister. Our father passed away. Now we have a home owned by my father and a shop which was run by my father as it was a joint family.
Now we want to distribute the assets as we are separating. We have one house which is clear that it will be shared among all family members including our mother after it’s dissolution. But our shop wasn’t owned by my father, It was rented and after the passing of my father it was run by my brothers for 4 years.
Now if we leave the shop to one brother by accommodating the rest, is my sister entitled to get her share from it because it isn’t by my father’s name.. it’s not my father’s property like our home.. so is she (my sister) entitled to it according to shariah
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Allah ﷻ has fixed the shares of inheritance for relatives in the Quran. Nobody has the right to enforce an alternative opinion or to increase or decrease the stipulations. The rightful inheritors are the children of the deceased and their parents (if alive) as they are the nearest in relation, and thereafter the spouse(s) and siblings, if alive. Allah ﷻ commands us:
“Allah commands you regarding your children: the share of the male will be twice that of the female.1 If you leave only two ˹or more˺ females, their share is two-thirds of the estate. But if there is only one female, her share will be one-half. Each parent is entitled to one-sixth if you leave offspring.2 But if you are childless and your parents are the only heirs, then your mother will receive one-third.3 But if you leave siblings, then your mother will receive one-sixth4—after the fulfilment of bequests and debts.5 ˹Be fair to˺ your parents and children, as you do not ˹fully˺ know who is more beneficial to you.6 ˹This is˺ an obligation from Allah. Surely Allah is All-Knowing, All-Wise.” 1
“You will inherit half of what your wives leave if they are childless. But if they have children, then ˹your share is˺ one-fourth of the estate—after the fulfilment of bequests and debts. And your wives will inherit one-fourth of what you leave if you are childless. But if you have children, then your wives will receive one-eighth of your estate—after the fulfilment of bequests and debts. And if a man or a woman leaves neither parents nor children but only a brother or a sister ˹from their mother’s side˺, they will each inherit one-sixth, but if they are more than one, they ˹all˺ will share one-third of the estate1—after the fulfilment of bequests and debts without harm ˹to the heirs˺.2 ˹This is˺ a commandment from Allah. And Allah is All-Knowing, Most Forbearing.” 2
If the rightful inheritors wish to waive or pass on their rights to others, then this can be agreed upon. Furthermore, a bequeath of up to a 1/3 of a person’s wealth is permitted for those other than the rightful inheritors but to bequeath more than this amount requires the permission of the rightful inheritors.
[Ma’ariful Quran p.340-p.347 v.1]
Disputes regarding the inheritance of wealth and property are a common occurrence in families, especially when discussions, arrangements and agreements have not been documented and witnessed properly. The laws of inheritance are divine, and their importance can be understood from the fact that Allah Almighty has outlined them in the Quran, detailing the shares heirs are entitled to. Therefore, adhering to the divine laws will ensure fairness in distribution and prevent further disputes.
You have mentioned that your father used to run his business as a joint family venture, but he rented the premises for his business. This is typical of a business arrangement when often a property is leased to run a business from. Therefore, the rental qualifies as one of the expenses of the business, but this does not mean that the business will not be included as part of the inheritance. If the business was initiated and run by your father, then this will also be included as inheritance in the form of shares of the company. Thus, the profit produced from the business will be inherited by all inheritors accordingly. The brothers who have worked in the business would have received a salary or an agreed share for their service and that would be sufficient.
Your mother will be entitled to 1/8th of the total amount of the property and the business. Once her share is extracted then the shares of the offspring can be calculated and distributed. Since your father has left behind six sons and one daughter, according to Shariah laws, any remaining wealth (from the property, business and any other assets) will be split in 13 shares because each male gets twice the share of a female. From these shares, 1 / 13th will be given to your sister and 2 / 13th will be given to you and each brother, equalling to 13/13 shares. Therefore, the house and the money/shares invested in the business will be split between all members of the family according to Shariah.
1 يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَـٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءًۭ فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةًۭ فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌۭ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌۭ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌۭ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًۭا ۚ فَرِيضَةًۭ مِّنَ ٱللَّهِ ۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا ١١
2 ۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌۭ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌۭ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِينَ بِهَآ أَوْ دَيْنٍۢ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌۭ ۚ فَإِن كَانَ لَكُمْ وَلَدٌۭ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍۢ تُوصُونَ بِهَآ أَوْ دَيْنٍۢ ۗ وَإِن كَانَ رَجُلٌۭ يُورَثُ كَلَـٰلَةً أَوِ ٱمْرَأَةٌۭ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌۭ فَلِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّۢ ۚ وَصِيَّةًۭ مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌۭ ١٢
Only Allah (عز و جل) knows best.
Written by Alimah Saleha Bukhari Islam
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
