Both my grandfathers have passed away recently, so did my father over a year ago. There is a lot of land, businesses, houses etc they have left. I have 2 brothers and 2 sisters of which 2 sisters and 1 brother are married. I am a female, unmarried do I have any rights upon this property, land, wealth of my grandfathers and my father?

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

Answer

It should be borne in mind that women are also among the lawful beneficiaries of the inheritance.

Allah (SWA) in the Holy Quran has said

‘From what is left by parents and those nearest related there is a share for women, whether the property be small or large, a determinate share’   (Surah Nisa v.6)

Saaiduna Jabir Ibn Abdullah Radiallahu Anhu narrates: ‘We went out with the Prophet of Allah Sallallahu Alahi Wasalam and came to a woman of the Ansar in Al-Aswaf.  The women brought her two daughters and said “O’ Prophet of Allah! These are the daughters of Thabit Ibn Qays who was killed as a martyr when he was with you at the Battle of Uhud.  Their paternal uncle has taken all their property and inheritance and he has not left anything for them.  What O’ Prophet of Allah do you think?  They cannot be married unless they have some property.”  The Prophet of Allah Sallallahu Alahi Wasalam said “Allah will decide regarding the matter.”

Then the verse of Surah Nisa was revealed: “Allah directs you as regards your children’s (inheritance).”  The Prophet of Allah Sallallahu Alahi Wasalam said “Call to me the woman and her husband’s brother.”  He then said to their paternal uncle “Give them two-thirds and their mother an eighth, and what remains is yours.”   (Sunan Abi Dawud p.44 v.2)

The scenario posed by in the question is known as Munasakah. Munasakah is a concept of inheritance where a person has passed away and his wealth has not been disturbed. Then during the intervening period some of the heirs of the deceased also passes away.

With regards to your question, it is necessary to find out after the death of your grandfather how many heirs were alive. Then the share entitled to your father will be disturbed between the two brothers and sisters.

If we assume that your grandfather passed away and he only left one son (youre father) then the total wealth will be distributed in the following way:

Grandfather    (1)

Son     (1)

1 Father                      (6)

(2) 2 Daughters                     (4) 2 Sons

2                                                                      4         

1 each                                                                        2 each

The two brothers will receive 2 shares each of the inheritance whilst each of the 2 sisters will receive 1 share.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham