How to distribute the inheritance where one daughter has left Islam?

 Fatwa ID: 02677

Answered by: Moulana Tahsin Alam

Question:

Assalamualaikum

My father died a long time ago. And my mother died recently.

She had four sons – 3 alive, (and one deceased leaving a wife, a son and a daughter, living on their own and well off)

She also had 5 daughters all alive but one has left Islam.

Can you advise in percentage how the cash should be divided up?

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

 

Answer:

 

The one who has left Islām in not entitled to any share in the inheritance.[1]

Therefore the total heirs of your mother’s wealth are her three sons, four daughters, one grandson and one granddaughter.

The shares will be as follows:

  1. Granddaughter will receive no shares.
  2. Grandson will receive no shares.
  3. Each son will receive a portion which is double the amount given to each daughter.
  4. The four daughters will each receive a portion which equals to half of what been given to each son.

For example: there are 11 shares of a property/asset. Each son will receive 2 shares and each daughter will receive 1 share.

 

Only Allah knows best

 

Written by Moulana Tahsin Alam

 

Checked and approved by Mufti Mohammed Tosir Miah

 

Darul Ifta Birmingham

 

 


[1]Ibn ʿĀbidīn, Ḥāshiyah Ibn ʿĀbidīn (MaktabatulAzhar: 2011) volume 10 pg. 540.

  

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