Question(s)

1) My husband’s parents have passed away, so I would like to know if my sisters-in-law are entitled to any inheritance. My father in laws properties with his brother’s got separated years back and at the time my husband paid for the property my father in law got in his share from his brothers. ( due to the fact the property in question was worth more than the inheritance.) Following that the properties for my 4 brothers-in-law were built from my husband’s income. So I am confused because in Islam the sisters should get a share too, so how would it work.

2) If my sister in laws are entitled, 1 of them has passed away so how would that distributed?

Answer(s)

الجواب حامدا ومصليا ومسلما

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

1) Firstly, you indicate that your father-in-law received a property in inheritance and your husband paid the remainder off. If this is the case, there are various possible scenarios with regards to the property:
a. If your husband assisted your father-in-law by way of providing a gift, then the property would be included in your father-in-law’s estate and should be distributed in line with Shari’ inheritance laws.

b. If your husband assisted your father-in-law by way of providing a loan, then once again, the property would be included in your father-in-law’s estate and should be distributed in line with Shari’ inheritance laws.

c. If your husband assisted your father-in-law as a partner with a proportion of ownership (or even total ownership with explicit consent and sufficient evidence), then your husband will be entitled to this share (or entire property) before distribution amongst the inheritors.

We also acknowledge that your sisters have been provided for from1 your husband’s income. This is a highly-rewarding act that will surely draw Allah’s happiness.

2) According to Sharī’ah, the wealth left behind by the deceased will first be used in fulfilling the necessary funeral and burial costs, and then towards clearing all (if any) debts. Thereafter, a maximum of 1/3 of the remaining wealth will be used to fulfil any permissible waṣāyā (bequests) of the deceased, if such a bequest is made.

The remaining 2/3 will then be distributed as inheritance to all those family members who are entitled to a share in the inheritance as stipulated by Sharī’ah.

If there is no bequest made, all the remaining wealth (after necessary funeral/burial costs and debts) will be distributed amongst the inheritors.

Thus, if there are no other inheritors – apart from those you have outlined (namely 1 brother and 4 sisters) – the inheritance of this property will be distributed as follows:

Relationship to Deceased – Share (Fractions) – Share (Percentage)
Son 1 – 2/5 – 40%
Daughter 1 – 1/5 – 20%
Daughter 2 – 1/5 – 20%
Daughter 3 – 1/5 – 20%
Daughter 4 – Deceased – Her inheritors will not inherit, the money will be distributed amongst the remaining inheritors as outlined above.

And Allah Ta’āla Knows Best.
[Mufti] Mubasshir Talha
4 Dhul Qa’dah 1442 / 14 June 2021

Approved by: Mufti Tahir Wadee| Mufti Yusuf Ilolvi

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