Fatwa ID: 07651

Answered by: Maulana Aabu Saeed Miah

Question

I paid for 60% of my house and my spouse paid for 40%. At the point of my death, is the monetary amount I contributed to the house split between my beneficiaries or is it based on the value of the house at that point, regardless of whether I intend to sell or not?

If the latter, how should any increase in value be split between us?

Does any money I have spent on house renovations get added to my % ownership of the house to be distributed to my beneficiaries?

Do cars form part of an Islamic inheritance? Should these be sold to provide beneficiaries with their share?

Does a private pension pot form part of an Islamic inheritance need to be divided between beneficiaries?

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

Answer

Wa Alaykum Assalam Wa Rahmatullah,

The estate which one leaves behind is distributed in four consecutive steps, firstly the funeral arrangements of the deceased. Secondly in fulfilment of any outstanding debts that the deceased may have left. Thirdly the ‘will’ is to be fulfilled from a third of which remains. Finally, the remaining estate will be distributed according to the verdict of the Shari’ah.

The estate of a person is that which they leave behind, in respect to ‘the house’, your final share of ‘the house’ will be the current total value of your entire investment (Initial + any other investments along the way), not just the amount which you spent initially. 

Alongside your house, your car, your private pension and other things of significant value is considered your estate and will be distributed as mentioned above.

Only Allah knows best.

Written  by: Maulana Aabu Saeed Miah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham