Step Daughter Inheriting from Step Father

Q: My brother married a non-Muslim who had a daughter from a previous marriage. They reverted to Islam and he adopted her daughter. Does the daughter have any rights to inherit from his estate?

A: This step daughter will not automatically inherit from him. If he wishes that she receive something after his demise, he can make a Wasiyyat (bequest) which must be less than a third of his estate.

Mufti Siraj Desai

Inheritance and Extending a Property

Q: When a father have passed away and the son has extended onto the father's property with the son's money and lived on the extended property, does the son have a claim from the inheritance for the portion he extended onto the property? The Will only reads that inheritance is according to shariah.

A: Since the son did the extension with his own money he will own the building wheras the land will belong to all the heirs. He will have to pay them the value of their shares in the land. You need to evaluate the current cost of the extension, then deduct this amount from the value of the entire property including the land. The result will be the sum that has to be divided among the heirs.

Written by Moulana Naziem Moosagie

Checked by: Mufti Siraj Desai

Widow Using Children's Inheritance

Q: Can a widow, who does not have any income use her children's share of inheritance to look after them and also to invest for their education? The children are minors.

A: Yes, she can.

Mufti Siraj Desai

2 Sons, 2 Daughters

Q: A person had 2 sons and 2 daughters. One of the daughter died before his death. What are the inheritance shares?

A: If at the time of his death he had no parents or grandparents then after settlement of debts and wasiyyat if any, the estate will be divided into five shares: each son will receive two shares and the daughter will receive one share. The daughter who passed away before the mayyit will not inherit.

Answered by: Moulana Naziem Moosagie
Checked and ratified by: Mufti Siraj Desai

Wife, 3 Sons, 2 Daughters

Q: What will the proportions be for each of the following in a deceased male's estate: a wife, 3 sons and 2 daughters?

A: If the deceased did not leave behind any parents or grandparents then after settlement of debts and wasiyyat, if any, the wife will receive 12.5%, while the remainder of the estate will be divided into eight shares:from this each son will receive two shares and each daughter will receive one share.

Written by: Moulana Naziem Moosagie

Checked by: Mufti Siraj Desai

Distributing Property in Lifetime

Q: I want to distribute my property between my husband, father, 2 brothers and 2 sisters. Is this permissible?

A: It is permissible to give away your property and belongings in your lifetime on condition that the motive behind this is not to deprive other heirs from their share of inheritance when one dies. You have not made mention of any children. If you do have children, then you shall have to first allocate to each of them equal shares from your property before giving others, or else they may be deprived of inheritance.

If you have no children then you can go ahead distributing your property to the people you mentioned.

You may distribute your property equally or you can give one more than the other. This is totally permissible.

We advise that whatever you give away in your lifetime should be put into writing. Draw up gift deeds wherein you will state the details of the property gifted, such as size, location, date of gift, etc. This document will also contain the signatures of those receiving the gift. It is preferable to have two witness to sign each document.

Another important condition for the validity of a gift is that the receipient or giftee must take possession of it. You will not be able to give away something but still retain ownership, use and possession of it till death. If the recipient does not take the gift into his or her possession, the gift will not be valid. That means that when you die the property that you had given away is actually still yours and will form part of your estate and will be inherited by all heirs in proportion to the shares allocated to them by Shariah.

Moulana Nazeem Moosagie

Checked and Approved by: Mufti Siraj Desai

Inheritance Calculator

Q: Is the following inheritance calculator authentic?

http://www.islamicsoftware.org/irth/irth.html

A: We came across a few mistakes on this inheritance calculator and other inheritance programmes. After using these programmes, ensure that you verify the answers with Ulema (authentic Islamic scholars). Better still, send your inheritance problem directly to the Ulema for a solution.

Moulana Nazeem Moosagie
Checked and approved by: Mufti Siraj Desai

Two Wives and Children Inheritance

Q: I am an only son from my father's first wife. I have 2 brothers and 3 sisters from my father and his second wife. What are the shares when my father passes away?

A: Assuming the husband has died and the only heirs are his two wives in his marriage at the time of his death, as well as his one son from his first wife and three daughters and two sons from his second wife, the shares will be as follows:

One eight (12,5%) will be shared between the two wives while the remainder will be shared between the two wives while the remainder will be shared between the sons and daughters on a 2:1 ratio i.e. the sons will get double the share of the daughters.

Mufti Siraj Desai

Husband and Four Children

Q: What does a Muslim husband inherit from his Muslim wife if they have four children (who are no longer dependants) and she did not leave a will?

A: If the wife dies and there were four children, then whether the children were male or female, the husband will get 25% of the estate after burial expenses and any bequest.

a. If the children are sons they will share the remainder equally.

b. If the children were daughters, they will share the remainder equally.

c. If the children were sons and daughters, the sons will inherit double the share of the daughters.

The above three situations (a, b, c) will apply if the deceased left no surviving parents. If there were parents, the shares of the children will be different.

Inheritance of Wife, 4 Daughters, Mother and Brother

Q: In the case where a Muslim male has a wife and 4 daughters, as well as a living mother and a brother (who is currently involved in un-Islamic dealings and on drugs and has previously stolen money from the family). The brother is the only living male family. How should the inheritance be distributed?

A: According to the Islamic Law of Inheritance in the above case the brother will certainly inherit if the other brother passes away. The wife will receive 12.5 percent of the entire estate, the mother will receive 16.66 percent, the daughters 66.66 percent (to be shared equally) and the remainder to the surviving brother. This is a fixed ruling mentioned in the Quran and cannot be changed, regardless of the bad habits and evil ways of any particular heir.

The concern is obviously the fact that this brother will squander his share of inheritance on feeding his evil habits. This is a valid reason for adopting a scheme to prevent him from inheriting a share of the estate. Muftis of former times gave permission for this. Hence, the brother is allowed to give away all or most his assets in his lifetime to his mother, wife, and daughters. So when he dies, there will be nothing much left to share, and this errant brother will get nothing or very little from the estate. Remember that when a person dies, all he owns automatically passes on to his heirs. This devolution property cannot be stopped at all. However, if property is distributed in one’s lifetime then the recipients become the owners and when the father dies, such property will not form part of his estate. A condition for such distribution is that the recipients must take possession of the property and must become the real owners. The gift or donation must not just be on paper, instead it should be physically and tangible.

If you need further details on how to distribute such assets, please write back but also provide a list of the assets that need to be distributed, such as house, car, business, etc. We can then explain how each asset can be disbursed among family members.

Mufti Siraj Desai

Children from Two Marriages and Inheritance

Q: A lady has a boy and girl from her first marriage and ten years later she has a girl and two boys from her second marriage. Is it permissable for her to make a calculation of her own estate. (a number of properties which are let and some cash) and settle the inheritance of the older children from her first husband, and keep the rest of the estate for the children of her current marriage till a defered period or death?

A: If the inheritance from the first husband has not yet been distributed between herself and the children of the deceased, she should do so immediately. This means she will give them their shares from their late father’s estate.

If she intends giving the children of her first marriage from her own wealth, then she should not only give them, but her other three children as well.

The Ahaadeeth on distribution of wealth to children teach us that we should give them equally, whether the children are male or female. During one’s lifetime one will not distribute wealth among one’s children according to the laws of inheritance, but will give them equally, male or female. This is not considered inheritance because the giver is still alive; instead this will be regarded as a gift. Gifts should be given equally amongst children. Although it is permissible to give them unequally, the Hadeeth discourage us from doing so. (As Sunanul Kubraa V6 P176)

Answered by: Moulana Yusuf Laher; Checked and approved by: Mufti Siraj Desai

Child Born Two Months before Marriage

Q: Will a child who was born 2 months before nikah.marriage inherit from his dad?

A: He will not inherit from his dad. He will inherit from his mother only. (Raddul Muhtaar, 29:480)

Two Wives and Inheritance

Q: If a man who has two wives dies, do they inherit one eighth each, or must you divide one eighth between the two wives?

A: The one eighth must be shared between two or more wives.

Child Inheriting from Father

Q: Nikha was performed on 9th April and child born on 25th Oct same year. Does child inherit in will of dad?

A: The period from time of nikah to the birth of the child is more than six months, so yes, the child is legitimate and will inherit from both parents. Shariah rules that any child born within six months or more from the date of nikah is legitimate. (Raddul Muhtaar etc.)

Witnesses to a Will

Q: I’ve got a will from the Jamiat. They require witnesses to sign on the will. Who can and can’t be a witness? Can a beneficiary be a witness?

A: Beneficiaries (i.e. heirs or those for whom you made wasiyyat) cannot be witnesses. Besides these any baaligh, male or female, who is of sound mind may sign as witness.

Father, Wife, Son, Mother's Sister

Q: I would like to know the following: I'm busy drawing up my will. My mother passed away when I was 4 months old. My father re-married my mother’s sister. She brought me up. Will any share of my estate go to her? How would my estate be distributed? I'm currently married with one son.

A: Should you expire at this point in time, your estate would be divided among your father, wife, and son. Father would get one sixth, wife would get one eighth, and balance would go to your son. If at the time of your expiry your father is not alive then the wife still gets one eighth, but the residue will go to your son. Your mother’s sister (your aunt) who is currently your step-mother will not inherit. If you wish her to receive part of your estate, you may make a wasiyyat (bequeathal) in her favour which should not exceed one third of the entire estate.

Bequeathal before Shares

Q: The Muftis say that wasiyyat comes before the shares of the heirs. (In other words, if a deceased had made a wasiyyat (bequeathal), then one should first settle wasiyyat then give the heirs their shares from the residue.) Is this not injustice to the heirs? Should the heirs not come first? How can the Muftis ignore the haqq of the heirs by paying out wasiyyat first?

A: The Muftis say this on the basis of Quran and Hadith. It is not the Muftis who decide who must get what first; instead it is Almighty Allah Himself who states that we should settle the wasiyyat first, then give the heirs their shares. After mentioning the shares of the sons, daughters, mother, and father Allah Ta’ala states in Surah Nisaa (4) verse 11: ...after a wasiyyat that was made or after debts; In the very next verse, after mentioning the shares of the husband, wife, and siblings, Allah Ta’ala again states: …. after a wasiyyat that was made or after debts. This clearly indicates that the heirs will get their shares after a wasiyyat has been fulfilled. It is, therefore, not the ruling of the Muftis or Moulanas but rather the Command of Allah Azza Wa Jall in the Holy Quran. Anyone who opposes or refutes this is objecting directly against Almighty Allah. It should be noted that a wasiyyat is only paid out from a third or less of the estate. It is haraam to allow a wasiyyat to exceed a third.

Wife, Mother, Son and Daughter

Q: A man died and left behind his wife, mother, son, and daughter. How will the estate be divided?

A: After settling funeral expenses, debts, and wasiyyat from the estate, the balance will be divided as follows: The wife will receive an eighth and the mother one sixth; the balance will be divided into three parts from which the son will get two parts and the daughter one.

Mother, Father and Two Brothers

Q: A woman passed away and was survived by her mother, father, and 2 brothers. How will her estate be divided?

A: According to the Islamic Law of Inheritance, when the father is alive, brothers and sisters do not inherit. Furthermore, if the deceased had no children or grandchildren, the father takes the balance of the estate after other heirs had received their shares. In the above case it is only the mother and father who will inherit. Due to the existence of mayit’s brothers, her mother’s share is scaled down from a third to one sixth. So mother gets one sixth, and the balance of five sixths go to the father. The above distribution must take place after funeral expenses, debts, and wasiyyat have been settled from the estate.

Wasiyyat for Wife and Kids

Q: Can one leave behind a wasiyyat for wife and kids?

A: The Hadith of Rasoolullah sallallahu alaihi wa sallam forbids a wasiyyat for heirs because heirs such as wife, parents, and children must inherit. No one can deprive them of their share in the estate.