6829 – 0054
Question:
Deceased had left behind two daughters, one son, two sisters, two brothers, and a maternal grandmother who is very old and senile and is in the care of her children.
The money that needs to be distributed amounts to R440,00.00
Answer:
As salām ʿalaikum wa raḥmatullāhī wa barakātuhū
In the Name of Allāh, the Most Gracious, the Most Merciful.
DISCLAIMER
- The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
- Madrasah Urwah bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
- This answer may not be used as evidence in any Court of Law without prior written consent of the Madrasah
According to the Islamic Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third (1/3) of the Estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the Nett Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.
We have been advised that the deceased is survived by:
- Two daughters
- One son
- Two sisters
- Two brothers
- Maternal grandmother
According to the Islamic laws of succession and inheritance, the estate will be divided into twenty-four (24) shares as follows:
| Beneficiary | Share | Percentage |
| Daughter | 5 | 20.8% |
| Daughter | 5 | 20.8% |
| Son | 10 | 41.6% |
| Maternal Grandmother | 4 | 16.6% |
| Sister | NIL | NIL |
| Sister | NIL | NIL |
| Brother | NIL | NIL |
| Brother | NIL | NIL |
| Total | 24 | 99.8% |
Note: As you can see, there is a remainder of 0.2% in the percentage column, due to the intricacies of rounding off each beneficiary’s percentage share to the nearest decimal point. This could result in some minute amount of the estate being left over after distribution. Hence, in the event of any surplus left after distribution, that can either be given in charity on behalf of the deceased with the consent of all the heirs or it can be given to any of the heirs with the permission of the others; otherwise, it can be redistributed according to the above percentages as far as possible.
And Allāh Taʿālā knows best.
السراجي في الميراث — سراج محمد بن عبد الرشيد السجاوندي الحنفي (ت 600 هـ) ص 19
واما لبنات الصلب فاحوال ثلاث… ومع الابن للذكر مثل حظ الانثيين
السراجي في الميراث — سراج محمد بن عبد الرشيد السجاوندي الحنفي (ت 600 هـ) ص 30
وللجدة السدس لام كانت او لاب