# Questions and Answers

We received a number of questions via email from those who visited this website or downloaded and read the free e-book INHERITANCE IN ISLAM. We thought it wise to reproduce the emails so that others may benefit as well. As always, we welcome suggestions, criticisms and of course, more questions!

### Question

A man dies leaving one of the wives pregnant, a child is then born (male or female) & after a few days, weeks or months (before the deceased estate is shared) the baby dies. What is the position of the child? Will he or she have a share? To whom will the share go?

### Answer

The child will have his/her share. Thereafter, the heirs of the child like mother and siblings will then share the child’s portion.

### Question

Salam alaikum, how is a property with a single document managed? Who keeps the document? How is maintenance done on such property left behind for two wives, eight sons and five daughters?

### Answer

Assalamu ‘alaikum.

Thank you for visiting my site and taking the time to contact me. I appreciate the three questions. But I will start answering the last one.

A man is survived by 2 wives, 8 sons and 5 daughters. I assume that both his parents and grandparents are no more. Both wives are to equally share 1/8. The children are to share the remaining 7/8 such that each male gets the share of two females. Using Rule Q from my website, the base number is 48. https://inheritance.sadtayyfoundation.org/level-two-part-2/

Wives:

1/8 x 48 = 6.

Each wife gets 3 portions.

Children:

7/8 x 48 = 42

or

48 – 6 = 42.

Number of heads of children = 21 (each son has “2 heads” while each daughter has “1 head”).

So, Remaining estate/number of heads of children = 42/21 = 2.

Therefore, each son has 2 x 2 heads = 4 portions; and each daughter has 2 x 1 head = 2 portions.

Check: Total share of wives (6 portions) + total share of sons (32 portions) + total share of daughters (10 portions) = 48 (the base number).

Management of property.

Two options:

1) Sell off the property and share the proceeds among the heirs based on their portions. For example, if the property is worth \$1million,

Each wife: 3/48 x 1,000,000 = \$62,500

Each son: 4/48 x 1,000,000 = \$83,333.33

Each daughter: 2/48 x 1,000,000 = \$41,666.67

2) Lease the property and share the proceeds among the heirs based on their portions after all maintenance/running costs have been settled. If the property were to be a house, whenever the tenant pays his rental, necessary costs like repairs, taxes, estate agent’s commission, security, e.t.c. are deducted. (Note that these costs vary from country to country. Also, it depends on the agreement signed by the tenant.) The balance is distributed among the heirs based on their portions.

In a situation whereby one of the heirs is occupying the building, he is to pay the rental, then necessary costs are deducted and the balance is shared. This tenant who is also an heir is entitled to his portion of inheritance.

Who keeps the documents?

I do not know of any explicit rule in Shari’ah regarding custody of documents. But generally, if the property is sold, the buyer owns and keeps the documents. And if it were to be leased, the heirs are to entrust the documents with whomsoever they wish; either one of them or someone else. This person has to be trusted by all the heirs such that he will not sell off the property without their knowledge or use the documents as collateral to collect loan from a bank.

Allah knows best.

### Question

I am confused. I have only one child -(daughter) , one wife,one full brother and three full sisters. Lets assume I have total assets worth £100.000 and I like to leave 1/3 of my assets to my non heirs. That leaves me with £666,666. How should this money be distributed and where does the residual (left over amount go. I shall truly appreciate your help at your very earliest. Jazak Allah.

### Answer

Assalamu alaikum,

Thank you for your question. And Jazakal Lahu khairan for considering giving out 1/3 of your asset (which I prefer to call estate) to non-heirs. Only few people these days do that.

First and foremost, from your question, if your estate is worth one hundred thousand pounds (£100,000), 2/3 of it cannot be six hundred and sixty six thousand, six hundred and sixty six pounds (£666,666). I believe you wanted to type one million pounds (£1,000,000). Therefore, to answer your question, I will assume that:

1) Total value of estate = £1,000,000
2) 1/3 given to non heirs = £333,333
3) Remaining 2/3 to be shared among heirs = £666,666

The distribution will be as follows:

Daughter gets 1/2 of £666,666 = £333,333

Wife receives 1/8 of £666,666 = £83,333.25

Full brother and 3 full sisters then share the residue such that full brother gets twice what each full sister is given. So we assume that the full brother has “2 heads” and each full sister has “1 head”. That’s a total of “5 heads”. Hence we divide the residue £249,999.75 by 5. That gives £49,999.95. As a result,

Full brother = £49,999.95 x 2 = £99,999.90

Each full sister = £49,999.95

If we check for accuracy, adding up all the shares will give us £666,666 i.e

Daughter + wife + full brother + (3 x full sister) = £666,666

£333,333 + £83,333.25 + £99,999.90 + (3 x £49,999.95) = £666,666.

I hope its clear.

Ma assalam.

### Question

السلام عليكم ورحمة الله وبركاته

My name is Waasief. I am currently an Imam in Cape Town. I recently downloaded your inheritance file and am using it as a basis in one of my English classes.

I would appreciate it if you could please elucidate a bit more about your source reference. Great work.

### Answer

وعليكم السلام و رحمة الله وبركاته

Thank you for your email. I am elated to learn that people as far as South Africa are making good use of my humble effort.

Answering your question, the book is not a direct translation of any single book. A number of books and online sources were used as references. I am sure, I listed them on the last page. However, the “skeleton” of the book is based on a chapter, كتاب الميراث of a book called

إرشاد السالك الى اشرف المساك

popularly known as “Askar” derived from the author’s name

عبد الرحمان بن محمد بن عسكر المالكي البغدادي

But due to the high level of grammar used in the book, a number of students make use of its commentaries for easier understanding. Two well known commentaries of عسكر are:

فتح الجواد في شرح الإرشاد

published in Nigeria, and

اسهل المدارك

published by Darul Fikr, Beirut. Almost all the examples in my book are from these two commentaries.

Nonetheless, in “adding flesh to the skeleton,” I deviated a bit from the original book by:

1) Adding concepts like LCM, HCF, prime numbers, etc.

2) Rearranging the flow of the rules and giving them specific names such as Rule A, Rule B, etc.

3) Discussing contemporary issues like in-vitro fertilization which were not in vogue at the time عسكر was written.

4) Including the rulings of other Schools of Jurisprudence, given that the original book is strictly based on Maliki rules.

### Question

I have just downloaded your work INHERITANCE IN ISLAM and thank you very much for it.

Please help me answer this question; is a wife that has made an unsuccessful and unequivocal attempt to kill her husband still eligible to inherit?

Do please revert: you are the only author on the subject of INHERITANCE IN ISLAM whose contact email I have been able to get.

Maassalam.

### Answer

Thank you for downloading my write-up and your question.

Let’s say a person enters a bar, orders an alcoholic drink, but was arrested before taking it. Will he be given 80 strokes of the cane? No. Why? He did not actually drink it.

Note that he bought the drink with the intention of drinking but was not able to do so, hence he is not to be punished as someone who has taken alcohol because BUYING is not the same as DRINKING. And 80 strokes of the cane is meant for DRINKING not BUYING even though we know that one who buys has the intention of drinking.

To answer your question, it is clear that an heir who intentionally murders someone he/she is to inherit from is not entitled to any share of the deceased’s estate. Now, an ATTEMPTED MURDER is not the same as ACTUAL MURDER. Therefore, to the best of my knowledge, the wife will inherit from her husband provided she is not the direct cause of his death.

Wal Lahu a’alam.

Assalamu ‘Alaikum.

### Question

As-Salaamu `alaykum

Brother, can you tell me what the solution is to the following inheritance scenario?

A man dies leaving behind ONLY the following three relatives:

(1) The Haqeeqi paternal aunt of his father

(2) The Akhyaafi maternal uncle of his father

(3) The Akhyaafi maternal aunt of his father

How will the estate be divided?

Any ideas?

JazaakAllah for any help.

Wassalaam.

### Answer

Assalamu Alaikum.

Thank you for your question. First, before attempting to answer, let’s go over some basic issues about inheritance of ZawulArham i.e. Inheritance of non-heirs. This is a subject I didn’t cover in my book (Inheritance in Islam) since it’s a bit advanced and in essence, a rare occurrence.

Rule: A Zawul Rahim (non-heir relative of a deceased) in the absence of all heirs moves into the shoe of the closest real heir and inherits as the substantive heir. The gender of the real heir is taken into consideration, not the gender of the non-heir who is inheriting.

For example: a deceased leaves behind grandson through a daughter (son of a daughter), daughter of granddaughter through a son (daughter of daughter of a son), maternal grandfather (father of mother) and Full (haqeeqi/shaqeeqi) paternal aunt. How will the estate be shared?

The son of daughter steps into the shoe of his mother and inherits as a daughter, even though he is male. So he receives 1/2 of the estate. The daughter of daughter of a son inherits as daughter of a son and is given 1/6; whereas father of mother assumes the position of mother and is entitled to 1/6. Also, the full paternal aunt steps into the shoe of the closest real heir to her i.e. her brother who is the father of the deceased and gets 1/6 of the estate.

As a general rule, paternal uncles and aunts of whatever level, whether full (haqeeqi/shaqeeqi), consanguine (allaati/li-abb) and uterine (akhyafi/li-umm) all assume the position of the FATHER. So they receive the whole estate, 1/6 of the estate or 1/6 plus residue depending on the situation. Similarly, maternal uncles and aunts move into the shoes of the MOTHER and are given 1/3 or 1/6 of the estate as the case may be.

Now, in a situation whereby a full (haqeeqi) paternal uncle/aunt is inheriting along a consanguine (allaati) paternal uncle/aunt, the former takes 1/2 of the share of father and the latter is given 1/6 of the share of father. If a uterine (akhyafi) paternal uncle/aunt is also present, he/she receives 1/6 of father’s share. The same applies to the maternal uncles and aunts.

Answering your question, the closest heir to full (haqeeqi/shaqeeqi) paternal aunt of father is her brother, i.e. grandfather of the deceased. And the closest real heir to both uterine (akhyafi/li-umm) maternal uncle and maternal aunt of father is their sister, i.e. grandmother of the deceased.

So, this is a case whereby grandfather is inheriting along with grandmother or simplifying it further, a case whereby father and mother are the only surviving heirs. Thus, grandfather/father receives 2/3 and grandmother/mother gets 1/3. But then, the maternal uncle and maternal aunt in question will share the 1/3 equally since they are both uterine (akhyafi).

Therefore, haqeeqi paternal aunt of father = 2/3 = 4/6 of whole estate

Akhyafi maternal uncle of father = 1/2 of remaining 1/3 = 1/6 of whole estate

Akhyafi maternal aunt of father = 1/2 of remaining 1/3 = 1/6 of whole estate.

Check:  4/6 + 1/6 + 1/6 = 1.

Wabil Lahi tawfiq.

### Question

As-salaamu `alaykum

I was wondering if you could help me with something, insha’Allah

Based on what I’ve read, there are three types of grandparents that are zaawil arhaam:

1. Maternal Grandfather
2. Maternal grandfathers mother
3. Paternal grandmothers father

Based on this, I made a 5-generation ascendants tree (attached in PDF form).

M —-> Grandmother

F —–> Grandfather

The M and F immediately above the mayyit are the Mother and Father. They are not included in this discussion.

The grandparents crossed out with the red lines are zaawil arhaam, the rest are zaawil furoodh.

Can you look over the the diagram and let me know if its correct? Are their any I’ve left out that should be crossed out?

Wassalaam.

### Answer

Wa’alaikum Salam.

Sorry for the late reply.

I have edited your pdf to create an image file to answer your question. It’s attached. I circled the non heirs (those who are not suppose to inherit) which you left out. Note that at level 1, there are only 2 grandmothers. Then from level 2 upwards, there are only 3 eligible grandmothers. More explanation here https://inheritance.sadtayyfoundation.org/inheritance-of-grandparents/

Ma’ ssalam.

### Question

JazaakAllah for your reply.

According to a Hanafi `aalim I showed the diagram to, he says the only zaawil arhaam I left out are the mothers of the zaawil arhaam paternal grandfathers. He sent me the revised diagram which I have attached to this e-mail.

But you have also circled other grandmothers in addition to those . Are you sure you are correct?

Wassalaam.

### Answer

Assalamu ‘Alaikum

Laws of Shari’ah including inheritance are guided by proof not assumptions. So, we know by proof that

1. Maternal grandmother and her ascendants are Zawil furoodh
2. Paternal grandmother and her ascendants are Zawil furoodh
3. Paternal grandfather’s mother and her ascendants are Zawil furoodh.

These are clear. No contradictions.

In your research, have you come across where Paternal greatgrandfather’s mother is also a Zawil furoodh? The fact that Paternal grandfather’s mother is a Zawil furoodh does not automatically mean that Paternal greatgrandfather’s mother is also a Zawil furoodh unless we have proof.

Let’s consider this. You have a son and a daughter. The children of your son can inherit from you. But the children of your daughter can not inherit from you. Why? Are they not your grandchildren? But that is what Shari’ah stipulates. Though I am not Hanafi, you may ask the ‘aalim to show you the evidence in Hanafi fiqh where Paternal greatgrandfather’s mother is a Zawil furoodh. If he does, Alhamduli Lah. I have also learnt something new.

However, according to Maliki jurisprudence, only 2 levels of grandparents  (i.e. Maternal grandmother and her mother; paternal grandmother and her mother; paternal grandfather and his mother; then paternal greatgrandfather) are Zawil furoodh. Every other grandparent is Zawil Arhaam.

Finally, even if Paternal greatgrandfather’s mother is a Zawil furoodh, what difference does it make? How many people lived to see their Paternal greatgrandfathers? Talkless of his mother. And what is the probability that Paternal greatgrandfather’s mother will still be alive to inherit from the mayyit? Remember, she is entitled to a share of the mayyit’s estate in the absence of Mother, maternal grandmother, maternal greatgrandmother, paternal grandmother, paternal greatgrandmother and paternal grandfather’s mother. So, practically, how feasible is this?

Therefore, answering your question directly, Yes I am correct based on Maliki jurisprudence. So, in the diagram, (1) Paternal greatgrandfather’s mother (2) Paternal greatgrandfather’s maternal grandmother (3) Paternal greatgrandfather’s paternal grandmother are Zawil Arhaam.

Ma’assalam.

### Question

Assalamoalaikum

Following are the 3 cases. I have produced a solution for their inheritance distribution but I am not sure if my solution is correct or not.

Case # 1:
If a deceased left behind
One Mother
One Grandfather
One Full Sister
One Paternal Sister

Case # 2:
If a deceased left behind
One Wife
One Grandfather
One Full Sister
One Paternal Sister

Case # 3:
If a deceased left behind
One Wife
One Grandfather
One Full Sister
Four Paternal Sisters

Can you kindly provide me the solution to these cases. Your solution might help me clear my doubts.

May Allah reward you for your time and support.

Best Regards

### Answer

Assalamu ‘Alaikum.

Please find attached the solutions to the questions, Wal Lahu a’Alam.

Feel free to contact me should you have further questions.

Best Wishes.

Answers to inheritance of Grandfather questions

### Question

Assalamu ‘Alaikum

I emailed you a few years ago for some difficult situations. Jazakallah for the assistance.

I now am busy with an estate and require assistance please. The deceased passed away in 2011 however, his estate was only registered this year, 2023.

May Almighty Allah grant all our deceased Jannatul-Firdaus, Ameen.

Notes:

• The deceased (male) passed away in 2011.
• The mother of the deceased was still alive at the time. She passed away in 2019.
• The deceased is survived by his 3 daughters, his wife and 2 biological sisters.
• The father of the deceased passed away in 2006
• The deceased had no brothers or sons.
• The deceased late father’s siblings have all passed away
• The deceased mother has 2 brothers that are still alive
• The deceased has 3 grandsons and 1 granddaughter all alive
• The deceased has 6 nieces and no nephews. They have children too, both male and female

I have 2 complex questions that I require assistance with please.

1. The deceased owned a property for which during his lifetime, was placed in the hands of a family member. The family member was instructed to give the rental from this property to the mother and wife of the deceased as subsistence.

From what I understand from WhatsApp communication between family members is that technically the property itself belonged to the mother and wife of the deceased.

I am not aware of any information directly from the deceased pertaining to whom the property belonged.

Now that the estate has been registered, the family member who managed the property will transfer the value of the property to the deceased estate late account.

My question now in 2023 is, the mother of the deceased passed away in 2019. She passed away about 8 years after the deceased and prior to her death was receiving rental as explained above. Is it only the wife that will inherit the value of the property or should other family members inherit too?

1. There are other funds that are coming in from investments, bank accounts, shares etc.

The deceased unfortunately did not leave a will.

He passed away intestate.

How do I manage such a situation?

Who is entitled to inherit the funds?

I have to ensure that the estate is correctly managed and according to Shariah law.

Your assistance in this regard will once again be very much appreciated.

Jazakallah Khair.

Executor of the estate.

### Answer

Wa’laikumu salaam.

I am happy to read from you again. I found your email in my spam folder yesterday. That is why I am replying late.

A general rule is that rental and proceeds of investment are to be shared among heirs as they are received; or they should be accumulated and shared among the heirs periodically e.g. monthly, quarterly, annually, etc. For your specific case,

1. The heirs of the deceased are: Wife, 3 Daughters, 2 Sisters and Mother. Mother is included because she passed away after him. So, she will still inherit from him.
2. “The family member was instructed to give the rental from this property to the mother and wife of the deceased as sustenance.” This does not transfer ownership of the property to them. The deceased is still the legal owner of the property as there is no evidence that proves otherwise.
3. The registered property as well as all funds coming from investments, bank accounts, shares, etc. are to be distributed among the heirs of the deceased mentioned in (1) above using the standard inheritance formula/procedure. This will be a continuous exercise as rental/funds are received or are accumulated from time to time.
4. Given that the mother is no more alive; her heirs will inherit her share. These are: 2 sisters of the deceased (her daughters) and her 2 brothers.
5. The 3 grandsons and 1 granddaughter of the deceased are non-heirs because they are children of daughters who will inherit through their father’s line only.
6. The deceased’s estate (registered property and other funds) will be shared as follows
 Heirs Wife 3 Daughters Mother 2 Sisters Shares 1/8 2/3 1/6 Residue Base number 48 Portions 6 32 8 2 New base number 48 x 3 (heads of daughters who cannot share their portion) = 144 New portions 18 96 24 6 Final portions 18 Each daughter = 32 24 Each sister = 3
1. The mother’s portion will be distributed as follows:
 Heirs 2 Daughters 2 Brothers Shares 2/3 Residue Base number 3 Portions 2 1 New base number 3 x 2 (heads of brothers) = 6 Portions 4 2 Final portions Each daughter = 2 Each brother = 1

This implies that each sister of the deceased will end up having 5 portions (3 portions from the deceased and 2 portions from her late mother).

1. If any of the deceased’s heirs mentioned in (1) above passes on, her heirs will be entitled to her share of funds that are periodically distributed. For instance, if the wife passes on, her 3 daughters and parents/siblings (if alive) will inherit her share.
2. I hope that I have answered your questions. I look forward to read from you again.

Assalamu Álaikum.

Muhammad Imran Muhammad

### Follow-up Question

Assalamu Alaikum

Jazakallah for your response.

I still require clarity please.

A few notes:
– the bank Accounts will be closed
– the shares will be sold
– the property will be sold

Basically it is only the estate with a lump sum of funds that will be left to distribute to the heirs.

The funds have only become available now in 2023. At the time of the deceased passing, he had been sequestered and therefore to the best of the family’s knowledge the deceased owned nothing.

It has over time come to their knowledge that these monies exist.

For ease of reference say for example the Estate worth R 100,000 is the lump sum that is to be distributed amongst the heirs. How would I as the executor distribute these funds amongst the heirs, given now that the deceased mother has also passed away and the funds have only now become available.

Jazakallah Khair.

### Response

Assalamu Alaikum,

Supposing the total estate to be shared is worth R 100,000 the distribution will be as follows:

Base number = 144

R 100,000 ÷ 144 = R 694.44

Multiply the FINAL PORTION of each heir by R 694.44 to get her share of the R 100,000

Wife = 18 x R 694.44 = R 12,499.92
Daughter 1 = 32 x R 694.44 = R 22,222.08
Daughter 2 = 32 x R 694.44 = R 22,222.08
Daughter 3 = 32 x R 694.44 = R 22,222.08
Mother = 24 x R 694.44 = R 16,666.56
Sister 1 = 3 x R 694.44 = R 2,083.32
Sister 2 = 3 x R 694.44 = R 2,083.32

Check total = R 12,499.92 + R 22,222.08 + R 22,222.08 + R 22,222.08 + R 16,666.56 + R 2,083.32 + R 2,083.32 = R 99,999.36

The remaining R 0.64 did not appear due to approximation. Because from the initial stage, R 100,000/144 = R 694.4444444444444444444

But R 694.44 was used instead since we are dealing with money.

Next, the Mother’s portion is distributed among her heirs (2 daughters and 2 brothers).

Base number = 6

R 16,666.56 ÷ 6 = R 2,777.76

Daughter 1 = 2 x R 2,777.76 = R 5,555.52
Daughter 2 = 2 x R 2,777.76 = R 5,555.52
Brother 1 = 1 x R 2,777.76 = R 2,777.76
Brother 2 = 1 x R 2,777.76 = R 2,777.76

Check total = R 5,555.52 + R 5,555.52 + R 2,777.76 + R 2,777.76 = R 16,666.56

Note that the 2 daughters here are the same 2 sisters of the deceased.

Thus, the final distribution of the deceased’s estate valued at R 100,000 will be:

Wife = R 12,499.92
Daughter 1 = R 22,222.08
Daughter 2 = R 22,222.08
Daughter 3 = R 22,222.08
Sister 1 = R 2,083.32 + R 5,555.52 = R 7,638.84
Sister 2 = R 2,083.32 + R 5,555.52 = R 7,638.84
Mother’s Brother 1 = R 2,777.76
Mother’s Brother 2 = R 2,777.76

Check total = R 12,499.92 + R 22,222.08 + R 22,222.08 + R 22,222.08 + R 7,638.84 + R 7,638.84 + R 2,777.76 + R 2,777.76 = R 99,999.36

I hope this is clear. Please don’t hesitate to ask any more questions.

Ma’a salaam.
Muhammad Imran Muhammad

### Follow-up Question

Assalamu Alaikum

Something doesn’t feel right to me.

If a portion of the deceased mother’s inheritance is given to her 2 brothers, how far do we go as far as who a part of the inheritance is due to.

For example: The deceased late father’s late brothers’ children are still alive. Do they not inherit anything?
If the late mother’s brothers inherit – is that not taking it too far.

The other part I am concerned about is that I understand that the deceased sisters’ will inherit portions but why do they inherit their deceased mother’s portion if the funds only became available this year in 2023 and the mother is deceased.

I have to ensure that each person gets what is due to them, I do not want to have on my conscience if those who should inherit get left out.

What is the reason that the 2 sisters inherit? Is that because the deceased had no sons? Do the 3 daughters not exclude the deceased 2 sisters?

What happens in terms of missed salaah, unpaid zakat, missed fasts etc. I have no idea whatsoever what these numbers may be.

Another question I have is:

Who is responsible for managing the inheritance of the deceased mother to the daughters and brothers? Is it the executor of the deceased male or the daughters of the mother?

The estate of the mother has not been registered and in all probability will not be registered.

Please provide further clarity.

Jazakallah Khair
Wasalaam

### Response

Assalamu ‘Alaikum,

In my response to your previous questions, I skipped some details because I believe that you read my book on inheritance and you are familiar with a number of rules. This time around, I will answer the questions and provide references for your further reading.

1. The immediate heirs of the deceased are Wife, Mother and 3 Daughters. Wife takes 1/8, Mother is given 1/6 and 3 Daughters share 2/3 equally. There will still be a leftover of 1/24.

Check: 1/8 + 1/6 + 2/3 = 23/24

Who inherits this 1/24? This is where the 2 Sisters of the deceased come in. They serve as RESIDUARIES WITH ANOTHER. As a rule, when Full Sisters are inheriting as Residuaries, they act as Full Brothers and exclude whomsoever they exclude [Rules (3) and (4) under Full Sister].

https://inheritance.sadtayyfoundation.org/residuaries-asabah

Now, who are these people that Full Brother exclude? They are listed here

https://inheritance.sadtayyfoundation.org/exclusion/exclusion-part-3

Full Brother (and in our scenario, 2 Full Sisters inheriting as Residuaries) exclude late Father’s late Brother’s children (paternal uncle’s sons).

2. It is clear that Mother is a legitimate heir because she passed on after the deceased. Thus, she is entitled to her share of each and every property that belongs to him whether she is dead or alive no matter how many years it takes to confirm, discover or formalize the fact that such property belongs to the deceased.

Provided she is a legal heir, that right of inheritance given to her by Allah does not cease even after 100 years. It will be passed on to her own heirs. That is why when a father passes on, his son inherits from him. If he is absent, i.e. died before the father, his son (grandson) replaces him and inherits. If the grandson is absent i.e. died before the deceased, his son (great-grandson) replaces him. Literally, the great-grandson is inheriting from the deceased. But technically, he is taking the place of his father (grandson) who is taking the place of his father (son) who is the rightful heir of the deceased.

Based on this, who will take the share of the late Mother of the deceased since she is no more? Naturally, we consider her own heirs, which are her 2 Daughters (who are the 2 Sisters of the deceased) and her 2 Brothers.

By rule, Mother’s Brothers (Maternal Uncles) are non-heirs.

https://inheritance.sadtayyfoundation.org/non-heirs

However, they are not inheriting directly from the deceased. They are inheriting from the deceased’s Mother (their late Sister), which falls under the inheritance of siblings. A brother can inherit from his late sister and a sister can inherit from her late brother.

As for the 2 Sisters of the deceased, they will inherit from the deceased as Sisters, and then inherit from the deceased’s Mother (their Mother) as Daughters. For the reason that the deceased did not leave behind any son, the 2 Sisters cannot be excluded since his 3 Daughters are entitled to a maximum of 2/3 of the estate.

Just like the deceased’s Mother remains a legal heir even after her death, deceased’s sisters also remain legal heirs of their mother (deceased’s Mother) irrespective of the number of years. Any property due to the late Mother by inheritance is due to them.

Assuming one of the sisters (let’s call her Sister 1) is married with a daughter and she passes on, her own heirs (husband, daughter and SISTER 2) will inherit what is due to her from the deceased’s late Mother’s share. Therefore, Sister 2 will inherit DIRECTLY from the deceased; will inherit DIRECTLY from her late Mother and will also inherit DIRECTLY from late Sister 1.

But, if Sister 1 is survived by a son, Sister 2 will be excluded

As for late Sister 1’s husband, he will inherit from his late wife (deceased’s sister), who inherits from her mother (deceased’s Mother) who inherits from her son (deceased).

I have to ensure that each person gets what is due to them, I do not want to have on my conscience if those who should inherit get left out.

This can be achieved by doing a step-wise distribution of the estate. First, make it clear to the family that the legal heirs of the deceased are: Wife, Mother, 3 Daughters and 2 Sisters. Give each person her share. Next step, explain that since deceased’s Mother is no more, her heirs will inherit from her. Then proceed to distribute her share to the deceased’s sisters and late Mother’s brothers. It will be well understood that Mother’s brothers are inheriting from late deceased’s Mother NOT from the deceased.

What is the reason that the 2 sisters inherit? Is that because the deceased had no sons? Do the 3 daughters not exclude the deceased 2 sisters?

Because the deceased has no son(s) and the 3 daughters do not exclude them.

What happens in terms of missed salaah, unpaid zakat, missed fasts etc. I have no idea whatsoever what these numbers may be.

I will provide references for these.

https://nzf.org.uk/knowledge/zakat-on-property

Who is responsible for managing the inheritance of the deceased mother to the daughters and brothers? Is it the executor of the deceased male or the daughters of the mother? The estate of the mother has not been registered and in all probability will not be registered.

There is no strict ruling on who does that. This is at the discretion of the heirs. The most important thing is that each person should be given what he/she is entitled to. My mother passed on in April 2019 (May Allah forgive her shortcomings). I did the distribution without inviting anyone. Some people will choose to go to Shari’ah court (if available in your country) where a Judge will do the distribution for them.

I hope that I have cleared your doubts.

Expecting to hear from you again.

Best wishes,
Muhammad Imran Muhammad

### Feedback

Wa alaikumus salaam

Alhamdulillah this is very clear and well explained.

I feel comfortable that I will now do what is right.

Thank you so much for your time taken to explain everything to me.

InshaAllah we will be in contact again soon.

Jazakallah Khair

Wassalamu ‘alaikum.

### Follow-up question

Assalamu ‘Alaikum

InshaAllah this mail finds you well.

I have some questions that require answers please.

1.      One of the creditors will be paid from the proceeds of the estate however, he is unsure of the amount as it was such a long time ago and his records dating that far back have been disposed of. He has a figure but is reluctant to take the amount as he does not want a cent more than what is due to him. Please advise the way in which this must be managed. The Estate does not have an issue paying the full amount to the creditor.

2.      It is not known how many salaah the deceased missed. He performed Hajj in December 2007 and became extremely depressed immediately thereafter due to financial problems. He earned no income from then to the day he passed away on 1st July 2011. How should this be calculated?

3.      The same applies for fasts. It is preferred that more is paid to charity rather than less.

4.      Zakaah – the deceased had a huge debt at the time of his passing but it is not known if he paid Zakaah prior to his financial problems. Please advise how this should be managed.

Jazakallah Khair, your assistance is much appreciated.

### Response

Wa’alaikumu Salaam.

1. The creditor should be advised to mention an amount he is very certain and comfortable with. If the actual amount is more, he should consider the surplus to be Sadaqa for the deceased. On the other hand, if it is less, the heirs should give him the surplus as Sadaqa.

2. I notice your worry regarding the deceased’s missed Salaah, Fast and Zakaah from your first email. These are obligatory acts on individuals that are not transferrable. Qur’an 35:18 says “No one will bear the burden of another…” Therefore, every Muslim is expected to be steadfast and fulfil his duty.

3. Even though missed Salaah and Fast are not paid back, the heirs in their own discretion can give out charity with the hope that Allah forgives his oversight for missing the Salaah and Fast. In this regard, even if the number of missed Salaah and Fast are known, I do not know of any verse of the Qur’an or authentic Hadith that equates or recommends the amount of charity to be given for every missed Salaah or Fast. Therefore, the heirs should give a handsome amount of charity and continue to pray that Allah forgives him and have mercy on him. Also, I recommend that the charity be spent instituting or developing Sadaqatul Jariya (continuous charity) so that the reward should continue to flow for a long time.

4. In contrast, missed Zakaah and Hajj can be paid back if the deceased makes a will, that they should be done for him; or the heirs willingly wish to do them from his estate. Since Hajj is obligatory once only during a lifetime and he did that, we pray that Allah accepts it from him. As for missed Zakaah, the deceased did not leave behind a will, so it is not binding on the heirs to pay it. However, if they are willing to do so on his behalf, we need to determine the exact amount of wealth he had for each year before his financial problems started, then compute 2.5% for each year that should be paid as Zakaah. If this is difficult or impossible to do, then an appreciable amount of charity should be given out as in the case of missed Salaah and Fasts above. And the heirs should remember to include him in their du’a.

5. All debts must be settled immediately.

I hope I have answered your questions.

Expecting to hear from you again soon.

Muhammad Imran Muhammad

### Question

As-salaamu `alaykum

After having read your book on Inheritance, I went to more advanced topics, like munaasakha. My question is: Is there a way to solve munaasakha problem with only a single chart?

For example, take a look at this problem;

1st generation.

Shahid passes away leaving behind a wife (Raashida), son (Saajid), son (Ahmad) and daughter (Khadija) and 5000000 in property

2nd generation.

The inheritance was not yet distributed and the son Saajid passed away. He left his mother (Raashida), brother (Ahmad), sister (Khadija), a daughter (Maryam) and son (Abdur Raheem)

3rd generation.

The inheritance was not yet distributed and Abdur Raheem passed away. He left a grandmother (Raashida), uncle (Ahmad), Aunt (Khadija), sister (Maryam), son (Abdul Ghafoor), daughter (Sanjeeda) and wife (Sa’eeda).

The question is that how much wealth will Abdul Ghafoor and Sanjeeda get?

Now, of course I know how to solve his problem using three separate charts. But is there a way to calculate the shares of all heirs all in one go, with one chart?

Wassalaam.

### Answer

Wa’alaikum Salam.

Sorry for the late reply.

I am not conversant with solving munaasakha problems with a single chart.

### Questions

1. A deceased is survived by father, mother, spouse and two or more brothers/sisters. Could this still be described as Umariyyatain Case?
2. A deceased is survived by a daughter and a full sister, which of the following solutions is/are correct (with details)?
a. Base is 6, daughter gets 3 and full sister gets 3.
b. Base is 6, daughter gets 3, full sister gets 1 and the remaining 2 belongs to Muslim Treasury.
c. Base is 4, daughter gets 3 and fill sister gets 1.
3. A deceased is survived by a daughter, a son’s daughter, a son’s granddaughter and a (full or half) sister. What is going to be their shares?
4. How could the inheritance of two (or more) daughters, one (or more) son’s daughter, one (or more) son’s granddaughter, and a (full or half) sister be calculated?
5. A deceased is survived by two full sisters, a half sister and a paternal uncle. What is going to be their shares?
6. A deceased is survived by a daughter, a son’s granddaughter, a full sister and a paternal uncle. What is going to be their shares?
7. A deceased is survived by a daughter, a full sister and a half brother. Can full sister deprive half brother from inheriting?

### Answers

Assalamu ‘Alaikum.

Answers to your questions.

1. Yes, this is a case of Umariyyataini because Father excludes brothers/sisters. Hence, the only heirs of the deceased are Father, Mother and spouse.
2. Daughter receives ½ of the estate. The Full sister gets the remaining ½. This is because she gets the residue whenever she is inheriting along with daughter(s), granddaughter(s) through son(s) or a combination of daughter and granddaughter(s) through son(s). Thus, option (a) is correct but the Base Number is too high. It should have been 2; since the LCM of shares under consideration i.e. ½ and ½ is 2. So daughter receives 1 portion and full sister gets the other portion. Options (b) and (c) are wrong.
3. Son’s granddaughter is excluded because the combination of Daughter and Son’s daughter (SD) will exhaust the 2/3 maximum share of daughters. Then, note that half-sister can be Uterine sister (same mother different father) or Consanguine sister (same father different mother). Since I am not sure which one you are referring to, I will consider all possibilities.

a) Daughter + SD + Full sister

 Daughter SD Full sister ½ 1/6 Residue (1/3)

The same rule applies for consanguine sister.

b) Daughter + SD + Uterine sister

 Daughter SD Uterine sister ½ 1/6 1/6

The remainder of 1/6 goes to the Muslim treasury or distributed among non-heirs.

4) Any number of Son’s daughters and number of Son’s granddaughter through son (SSD) are excluded by two (or more) daughters. Therefore, two (or more) daughters and Full or half sister are the only rightful heirs. So, the possibilities are:

a) Two (or more) Daughters + Full sister

 Two (or more) Daughters Full sister 2/3 Residue (1/3)

Same rule applies for Consanguine sister

b) Two (or more) Daughters + Uterine sister

 Two (or more) Daughters Uterine sister 2/3 1/6

The residue of 1/6 goes to the Muslim treasury or distributed among non-heirs.

5) a) Two Full sisters + Consanguine sister + Paternal uncle

 2 Full sisters Consanguine sister Paternal uncle 2/3 0 Residue (1/3)

Note: Two or more Full sisters exclude Consanguine sisters

b) Two Full sisters + Uterine sister + Paternal uncle

 2 Full sisters Uterine sister Paternal uncle 2/3 1/6 Residue (1/6)

6) Notice that Son’s granddaughter may either be Son’s son’s daughter (SSD) or Son’s daughter’s daughter (SDD). The latter is a non-heir. Also, Full sister and Paternal uncle are both residuaries and one cannot exclude another, hence they are to share any left-over in the ratio of 1 to 2. Thus,

a) Daughter + SSD + Full sister + Paternal uncle

 Daughter SSD Full sister Paternal uncle ½ 1/6 1/9 2/9

The residue is 2/6.

Full sister = 1/3 x 2/6 = 2/18 = 1/9

Paternal uncle = 2/3 x 2/6 = 4/18 = 2/9

b) Daughter + SDD + Full sister + Paternal uncle

 Daughter SDD Full sister Paternal uncle ½ 0 1/6 1/3

The residue is 1/2.

Full sister = 1/3 x 1/2 = 1/6

Paternal uncle = 2/3 x 1/2 = 2/6 = 1/3

7) No, Full sister cannot deprive or exclude half-brother from inheriting. If the Half-brother were a Consanguine brother, he will share the residue with the Full sister in the ratio of 2 to 1; whereas if he were a Uterine brother, he gets 1/6 of the estate while Full sister is given the residue.

Allah knows best.

### Follow-up Answer

Assalamu ‘alaikum,

I hope you and your family are doing fine.

I discovered an error in the answer to the first question you asked which was “A deceased is survived by a father, mother, spouse and two or more brothers/sisters. Could this still be described as Umariyyatain case?”

My response was “Yes, this is a case of Umariyyataini because Father excludes brothers/sisters. Hence, the only heirs of the deceased are Father, Mother and spouse.”

The answer is correct in that the brothers/sisters are excluded by Father. However, it is not a case of Umariyyatain because in Umariyyatain, the only surviving heirs are father, mother and spouse. Hence, the shares of the rightful heirs in this question (Father, mother and spouse) may not be the same as in a pure Umariyyatain case.

Note that in Umariyyatain, if the surviving spouse were to be husband, he takes ½, Father takes 1/3 and mother takes 1/6. Whereas if the surviving spouse were the wife, she takes ¼, father is given ½ and mother is entitled to ¼.

As a rule, Mother is relegated from inheriting 1/3 to 1/6 due the presence of two or more brothers/sisters even if those brothers/sisters are excluded i.e. will not be inheriting. Therefore, my new response is: No, this is not a case of Umariyyatain. Thus, the sharing formula will be:

a) Husband + Mother + Father

 Husband Mother Father ½ 1/6 Residue (1/3)

b) Wife + Mother + Father

 Wife Mother Father ¼ 1/6 Residue (7/12)

Incidentally, the shares of the husband, mother and father will be the same as if it were Umariyyatain. But actually, it’s not.

Allah knows best.

### Question

Salam alaykom brother

Brother, I’m translating inheritance concepts from Arabic into English, but my problem is that I don’t have enough knowledge in the matter, I don’t make the difference between two words: Share and portion, would you please provide me with the original terms in Arabic please.

Jazakom ALLAH kheir, ameen.

### Answer

Different books use different Arabic terminologies for SHARE. Some use “mirath” while others use “fard.” It is the fraction of the estate each CATEGORY of heir is entitled to. I created the term PORTION, hence you may not find the Arabic equivalent in any book – at least that I know of. PORTION technically means the same thing as SHARE but it is the fraction of the estate each individual heir gets.

For example, if a man dies leaving behind a wife and no surviving son or daughter, she gets ¼ of the estate. If the number of wives were to be 2, 3 or 4, they are to divide ¼ of the estate among themselves equally.  So, if the value of the estate were to be \$1000, the share and portion or the Wife “category” shall be:

1 wife

Share: ¼ of \$1000 = \$250

Portion of wife = \$250

2 wives

Share: ¼ of \$1000 = \$250

Portion of wife A: \$125

Portion of wife B: \$125

3 wives

Share: ¼ of \$1000 = \$250

Portion of wife A: \$83.33

Portion of wife B: \$83.33

Portion of wife C: \$83.33

4 wives

Share: ¼ of \$1000 = \$250

Portion of wife A: \$62.5

Portion of wife B: \$62.5

Portion of wife C: \$62.5

Portion of wife D: \$62.5

### Question

RuleZ_n_Example48

Updated Rule Z

### Question

Assalamualikum Muhammad Imran

My name is Hajira Asmal and I live in Johannesburg, South Africa.

After seeking guidance from Islamic bodies and much searching on the internet for guidance regarding the preparation of my and my husband’s Wills, I came across your book titled “Inheritance in Islam”. Your book has been instrumental in my understanding of the Islamic Will and I am so grateful for this most valuable knowledge. May Allah reward you abundantly Inshallah.

The reason for my writing to you is because our situation is unique and we want to ensure that our Wills are in accordance with our Islamic principles and rulings. May I please therefore request further guidance in the finalization of my and my husband’s Wills?

1. My husband is a revert to Islam However, his entire family are non-muslim. We do not have any children. From what I understand I would be entitled to 1/4 of his estate as his only wife. We do not know who else should inherit from him as his whole family are non-muslim. Please can you guide us accordingly? So far we have worked out that I am his only heir – could this be correct?

2. I have no brothers, my father and grandfather are both late and I have no paternal uncles. I have no children.
I have my mother and two full sister siblings. I have worked out that my husband, my mother and my two full sister siblings will inherit from my estate as follows:
Husband: 1/2
Mother: 1/6
Two Sisters: 2/3 to be shared equally
Further calculated as follows:
My husband will inherit 3 portions, my mother will inherit 1 portion and my two sisters will each inherit 2 portions. In total there will be 8 portions. Please advise if I have calculated this correctly.

Question: Is there anyone else on my late fathers side that should inherit from me for example my late paternal grandfather’s brother or his late brother’s sons?
I also have a paternal grandmother but she is excluded by my mother.
My maternal grandfather is also still alive but is a non-heir as I understand your writings.
Both my sisters have children, sons and a daughter but as I understand they are not entitled to inherit from me.

Furthermore, I would like to know if it is permissible to give my husband our home as it is in my name along with the funds in my Islamic bank accounts during my lifetime but these will remain in my name until my passing?
Is it acceptable to leave our home and my bank accounts in my name but state in my Will that my home and bank account funds were given to my husband by me during my lifetime and therefore the home and funds belong entirely to my husband irrespective of them being in my name?

We have found it extremely difficult to find information or obtain proper guidance regarding my and my husband’s unique situations and this is weighing heavily on us. We will not feel at ease until our Wills are finalized in accordance with Islam.

Lastly, please could you advise how bequests work and who these can be made to. What are the conditions etc.

It will be very much appreciated if you would be willing to assist us Inshallah in fulfilling this most important Islamic duty. Should you not be willing please still let us know that this will not be possible.

Jazakallah, thanking you in anticipation of your favorable response to assist us.

Again may The Almighty reward you abundantly for this invaluable knowledge shared.

Hajira

### Answer

Assalamu Alaikum.

Kindly find attached the answers to your questions.

Feel free to contact me if there are further questions.

Thank you.

Answers-to-inheritance-questions-2

### Feedback

Walaikum Salaam

Thank you so much, you have answered all my questions in detail and I am most grateful. May Allah reward you abundantly always.

I can now rest assured that all our heirs will receive what is rightfully theirs as well as what can be gifted to non-heirs and what should be given to charity.

Your book has a wealth of knowledge and guidance for our Umaah. I believe that it should be printed and made available far and wide across the world.

Jazakallah khair
Hajira

### Response

Assalamu ‘Alaikum.

Thank you for your advice. Actually, 1000 copies of the first edition of the book were printed in 2012. All were distributed free-of-charge in Nigeria. Our Foundation (Sadaqatu Tayyibatun Foundation) aims at publishing and distributing Islamic literature for free. However, in order to have a global reach, a dedicated website was created for the book at inheritance.sadtayyfoundation.org .

The book was updated a few months ago. Someone discovered an ambiguity in Rule Z. That prompted me to review example 48 and also add examples 49 and 50. The second edition has been uploaded to the website. If you downloaded the book within the last three months, chances are that you are using the second edition. God has not enabled us to print it like the first edition for free distribution.

Meanwhile, the sharing formula of your estate will remain intact even though your paternal uncle’s sons are heirs. The reason is that they are RESIDUARIES who will inherit any left over after other rightful heirs have gotten their shares. And since there will be no any left over, they get nothing. This is a classical example of a situation whereby an heir who is not excluded ends up getting nothing.

### Feedback

Assalamualikum

Thank you so much for the clarity regarding the residual of my estate.

Most people have access to the internet these days so InshaAllah they will come across your book as I did. Where there is good intention surely Allah will ensure that we find the answers.

Wishing you all the best. Thank you once again.

### Question

Assalamualikum

I hope you are well inshallah.

I have some other questions please.

1) Would it be permissible for my husband to write and sign a letter in his lifetime stating that certain assets were gifted to me, his wife during his lifetime? These assets will however remain in his name until his death. This letter will be made available to the executors upon his death. Is this permissible in Islamic Law?

2) The same as the above but it will be me gifting him assets within my lifetime.

Note: the reason for the above is that some of his assets are in my name and vice-versa.

3) In the event that we die at the same time and either 1. the exact times cannot be determined regarding who died first or 2. my husband dies after me.
Would it be permissible then to state in our Wills that our estates be combined and thereafter:
– 1/3 be given to charity
– his bequeaths for his non-Muslim family are to be fulfilled
– my bequeaths are to be fulfilled and
– as I am his only rightful heir, that my Will for the remaining 2/3 be effective and dealt with according to Islamic Law for the remainder of our estates.

I look forward to hearing from you soon inshallah.

Jazakallah Khair
Hajira

### Follow-up Question

Assalamualikum

Please ignore questions 1 & 2 below. You have already answered these questions.

So it’s question 3 please.

Jazakallah Khair
Hajira

### Response

Wa’alaikumus Salam.

Thank you for your question.

First, I will like to know your definition of these three words with an example for each: Bequeath, Will, and Charity. That will assist me in answering the question so that we don’t have a conflict of terminologies since you used the three in your third question

– 1/3 be given to charity
– his bequeaths for his non-Muslim family are to be fulfilled
– my bequeaths are to be fulfilled and
– that my Will for the remaining 2/3 be effective

Or were you trying to use synonyms of the same word?

Looking forward to your reply.

Assalamu Alaikum.

### Feedback

Assalamualikum

Thank you for your quick reply.

Herewith my definitions:

Charity – this will be part of the 1/3 of our estates that we are permitted to donate to non-heirs for humanitarian causes
Bequeaths – this will be part of the 1/3 of our estates that we are permitted to give to non-heirs
Will – this is actually the inheritance that our rightful heirs are entitled to according to Shari’ah and the Islamic Law of Succession

I look forward to your quick reply again.

Jazakallah Khair.
Assalamualikum
Hajira

### Answer

Assalamu ‘Alaikum

Kindly find attached my response to your question.

Thank you.

Assalamu ‘Alaikum.

Combining estates in inheritance

### Feedback

Wa’alakumus’salaam

Thank you very much for taking so much of time to provide me with this detailed explanation which is much needed and appreciated.

Your advice has certainly helped ensure that our estates will be executed according to Sharia and the Islamic Law of Succession.

May Allah reward you abundantly inshallah.

Assalamualikum
Hajira