Fatwa ID: 05109

Answered by: Mufti Mohammed Tosir Miah

Question

I have the following question regarding inheritance. My mother passed away last year leaving the following,

1.  Cash

2. Two Properties, one in the UK and one in India (Jointly owned with husband)

3. Land in India (Jointly owned with husband)

4. Jewellery

She leaves behind the following relatives,

1. Husband

2. Four sons (one passed away whilst my mother was alive)

3. Three daughters.

Four months before my mother passed away, she gifted her daughter two bangles each. Will this count as inheritance or will it count as a gift? Please can you let me know how the above will be distributed according to Islamic Law?

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

Answer

In the aforementioned scenario, the cash and jewelry your mother possessed along with 50% of the value of the two properties and the land she jointly owned with your father will be calculated and distributed amongst the heirs in the following way:

4/ 36                                                                                                      9

Husband                    3 Sons          (9)                3 Daughters

9                                  18              27                       9

6 each                                 3 each

The total value of your mother’s inheritance will be distributed into 36 shares. The husband will receive 9 shares of the inheritance; the three sons will each receive 6 shares with each of the three daughters receiving 3 shares. The son who passed away whilst your mother was alive will not inherit anything.  The two bangles your mother gave to your sisters whilst she was alive would amount to a gift and there will be no inheritance on it.

Only Allah Knows Best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham