Inheritance Case Involving a Sister With the Grandfather

CategoriesInheritance [120]

Fatwa ID: 05838

 

Answered by: Shaykh Ahmed bin Mohamed Umarji

 

Question:

 

 

 

It says if you make the sister shareek with the grandfather (muqasamah), then the grandfather will get less than 1/6th (16%).

 

Now that is fine if you give the mother 1/3rd. But when there are two or more siblings, don’t you give the mother 1/6th?

 

We are pretending that the grandfather is a brother, so that means we have a brother and sister. So shouldn’t they reduce the mothers share from 1/3rd to 1/6th??

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

Based on the information provided in your question we understand that the deceased is survived by a grandfather, mother, and sister.

 

The Hanafi jurists are of the opinion that in the presence of the grandfather, brothers and sisters will not inherit.1

 

After settling all debts and expenses as determined by that Shari’ah, the estate will be divided into 3 shares and distributed as follows.

 

Heir Share
Mother 1/3
GrandFather 2/3

 

 

Only Allah knows best

Written by Shaykh Ahmed bin Mohamed Umaji

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

1 Siraji Fil-Mirath, Page 74, Maktabatul Bushra

 

 

 

 

 

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