Inheritance

Inheritance

In the name of Allah, the most Beneficent, the most Merciful.

Answer

Writing a will is very important ensuring that upon death ones wealth and asset are distributed according to Islamic law.

Saaiduna Abdullah Ibn Umar Radiallahu Anhu narrates that the Prophet of Allah Sallallahu Alahi Wasalam has said “It is not befitting for a Muslim who has something to make a Will of, to stay for two nights without having his last Will and Testament written and kept ready with him”.  (Sahih Bukhari)

Making a Will does not mean one is allowed to distribute his wealth during his life.  He should stipulate in the Will that “upon my death, my executors will distribute my wealth according to the Shariah” and this will be conducted by a Muslim Scholar or Mufti.

During ones lifetime one cannot distribute the portion of the inheritance for one is unaware who will be alive at the time of ones death.  Even the death of one person changes what each heir would have received.

The following should be stipulated in a Will:

  1. The payment of funeral and burial expenses
  2. Payment of all debts owed to other people
  3. Payment of any bequest (wasiyah) including unpaid Zakat or fidyah for missing salah or fasting.  However the condition is that it is only executed from one third of ones wealth.
  4. The distribution of the remaining wealth among the heirs according to the laws of the Shariah in consultation with a Muslim scholar or Mufti.
  5. Signing of the document by both the will maker and the relevant witnesses.

As mentioned above, one is not allowed to distribute the inheritance during the lifetime however; if you or you’re wife happened to die and left behind the heirs mentioned in the question then the total wealth will be distributed in the following way:

Faryals’ total wealth will be split up in to six parts.  Khizar will receive three parts whereas Ilyas (father) will receive two parts and Shireen (mother) will receive one part.  Tariq will not receive anything.

The father and the mother are primary heirs and they always inherit.  The father of a deceased is a primary heir and therefore he cannot be excluded from the inheritance under any circumstances.  The father is also an “Asabah” (residuary).  He will inherit what remains of an estate after shares have been given to the fixed sharers and if he exists alone they inherit the entire property.

Grandmother (Mehboob) is not a primary heir.  She is a substitute for the mother and is therefore entitled to inherit only in her absence.

The husband is a primary heir and therefore always inherits.  The husband gets a ½ share from the property of his deceased wife when there are no children or sons children however young.

Descendants of the father (real brother, real sister, consanguine brother and sister do not inherit in the presence of the father, son and grandson of the deceased.  They are also excluded by the grandfather, according to Imam Abu Hanifah (RA).

Khizars’ inheritance will be distributed into twelve parts.  Faryal will receive three parts of it. The wife, like the husband, is a primary heir and therefore always inherits.  She receives a ¼ share of the property in the absence of children.  As mentioned above, the fathers and mothers are primary heirs thus Zarin will inherit 6 shares whereas Shahwar will inherit 3 shares.

Only Allah Knows Best

Mohammed Tosir Miah

www.daruliftabirmingham

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