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.

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