Fatwa ID: 08071

Answered by: Alimah Shireen Mangera-Badat

Question:

I have a question regarding distributing the gold inheritance of my mother who passed away 4 years ago. From the siblings, we are 2 brothers and 1 sister. Initially, we distributed it equally as we were unaware of the rulings but wanted to ask how it should be split. I have also heard our grandmother, who is alive, also gets a share. Please share some guidance on this.

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

The Quran has made the issues of inheritance quite simple to follow. Allah states in the Quran:

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 مِّمَّا 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

Translation:

Allah commands you regarding your children: the share of the male will be twice that of the female. 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, but if you are childless and your parents are the only heirs, then your mother will receive one-third. But if you leave siblings, then your mother will receive one-sixth—after the fulfillment of bequests and debts. ˹Be fair to˺ your parents and children, as you do not ˹fully˺ know who is more beneficial to you. ˹This is˺ an obligation from Allah. Surely Allah is All-Knowing, All-Wise. (Surah An-Nisa: 11)

You have stated that you have:

Two brothers (yourself and your brother)
One sister
Maternal grandmother
According to the Qur’an (Surah An-Nisa, 4:11-12), the shares are distributed as follows:

Maternal Grandmother’s Share:

If the deceased’s mother (your maternal grandmother) is alive, she is entitled to 1/6 of the total estate, as stated in the Qur’an:

“For parents, a sixth share of the inheritance to each if the deceased left children…” (Surah An-Nisa, 4:11).

This includes both property and gold, which must be divided accordingly.

Remaining Estate (After Grandmother’s Share):

After allocating 1/6 to the grandmother, the remainder is distributed among the children:

Sons receive twice the share of daughters as per Surah An-Nisa, 4:11:

“The male shall have the share of two females.”

For argument’s sake, let’s assume the gold is worth £2000 (if you haven’t had the gold valued yet, then I advise you to do that first, and there is no other debt to settle), the calculation would be:

Grandmother’s Share (1/6): £333.33
Remaining for Siblings: £1666.67
Each Brother’s Share (2 parts): £666.67
Sister’s Share (1 part): £333.33
Which has worked out:

The grandmother receives 1/6 of the estate.
The remaining 5/6 is distributed among the children, with each brother receiving twice the share of the sister.
This is on the condition that there are no more heirs, such as your father, etc. The calculation would then be different.

I hope that this answers the question.

Only Allah knows best.

Written by
Alimah Shireen Mangera-Badat
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham