Inheritance

Inheritance is the practice of passing on property, titles, debts, rights, and obligations upon the death of an individual. The rules of inheritance differ between societies and have changed over time.

52693

Sayyed Mohammad Al-Musawi, Sayyed Mohammad al-Musawi is originally from Iraq and heads up the World Ahlul Bayt Islamic League in London. Other than being involved in various humanitarian projects, he frequently responds to... Answered 1 year ago

If husband dies, his wife gets one eighth (1/8) from whatever he left if he left children, and if he had not leave any children, then she gets one forth of whatever he left.

Husband is allowed to make a will in favor of his wife , but the will is limited to one third of whatever he leave behind. More than one third will be the right of all the inheritors. If they agree to give her, then it s for them, but up to one third is obligatory.

Wassalam.

51424

Sayyed Mohammad Al-Musawi, Sayyed Mohammad al-Musawi is originally from Iraq and heads up the World Ahlul Bayt Islamic League in London. Other than being involved in various humanitarian projects, he frequently responds to... Answered 1 year ago

The value must be based on the current value and not the cost price. If any one from the heirs wants to buy the share of others, he must pay them according to the current value of the property.

Wassalam.

51623

Sayyed Mohammad Al-Musawi, Sayyed Mohammad al-Musawi is originally from Iraq and heads up the World Ahlul Bayt Islamic League in London. Other than being involved in various humanitarian projects, he frequently responds to... Answered 1 year ago

Islam respects and implements the will as far as it does not contradict the Islamic rules. The inheritance trust should not have any injustice on other inheritors, and it should not exceed one third of the whole amount left after deducting the debts and liabilities.

If the inheritance trust exceeds one third, then it will be in the hands of the inheritors to allow the extra amount or to just fix it to the one third.

Wassalam

50194

Mohammad Saeed Bahmanpour, Sheikh Mohammad Saeed Bahmanpour is lecturer of Islamic Studies at the Islamic College for Advanced Studies, London, and a visiting lecturer at the University of Cambridge, Faculty of Oriental... Answered 1 year ago

There is no difference in this regard between any of the grandchildren. As long as a child lives his or her children or the children of other siblings would not inherit. 

51133

Sayyed Mohammad Al-Musawi, Sayyed Mohammad al-Musawi is originally from Iraq and heads up the World Ahlul Bayt Islamic League in London. Other than being involved in various humanitarian projects, he frequently responds to... Answered 2 years ago

If you are sure that the whole amount of inheritance is unlawful then you are not allowed to utilize any amount of it, but give it to poor in charity through the Marja of Taqleed.

If you know that part of the amount is unlawful, then you are allowed to utilize the portion which is from allowed income.

Wassalam

50223

Sayyed Muhammad Husaini Ragheb, Sayyed Muhammad Husaini Ragheb has a BA in Law from Guilan University, Iran and has also undertaken Hawzah studies in Qom. He is a Cultural Affairs director of Ethics Group of Al-Mustafa Open... Answered 2 years ago

The wife will gain her dowry(Mahr) from the property because it's a debt + one 8th of the property because the dead person had children.
Then the rest of the property will be divided between the children with the formula of: "The share of boys is twice the share of girls"
وَإِن كَانُوا إِخْوَةً رِّجَالًا وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ
But if there be [several] brothers and sisters, then for the male shall be the like of the share of two females. (4:176)

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Sayyed Muhammad Husaini Ragheb, Sayyed Muhammad Husaini Ragheb has a BA in Law from Guilan University, Iran and has also undertaken Hawzah studies in Qom. He is a Cultural Affairs director of Ethics Group of Al-Mustafa Open... Answered 2 years ago

He had this right to gift any of his property to anyone he wanted and it doesn't matter that he himself inherited these properties and didn't acquire them through his own endeavors

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Abbas Di Palma, Shaykh Abbas Di Palma holds a BA and an MA degree in Islamic Studies, and certifications from the Language Institute of Damascus University. He has also studied traditional Islamic sciences in... Answer updated 2 years ago

The Qur'an says: "Allah prescribes for your children: for a male is equal the portion of two female" (4:11). Since the husband is obliged to spend for the maintenance of the family, his share of inheritance amounts double of that of the woman. The Qur'an also seems to indicate that such a rule is not subject to change in relation to the wife's job by saying: "These are the limits set by Allah" (4:13). A woman can decide if she wants to work, and if she does, she can spend all of her money for herself without sharing it with her husband because of the obligation of the maintenance. The husband, however, cannot abandon his duty to provide for his family. Therefore it is not unreasonable that sons receive more inheritance than daughters. Obviously a good and pious family is bound also by mutual understanding, love and cooperation, and it is up to the husband and wife to reach agreements and divide their financial support and daily tasks according to their situation.

With prayers for your success.

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Mohammed Al-Hilli, Sheikh Mohammed Al-Hilli, originally from Iraq, has a Masters in Pharmacy from the University of London. He completed his Hawza degree from the ICAS in London under the supervision of Ayatollah... Answered 2 years ago

No, since the siblings are the entitled to the inheritance according to Sharia law.

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Based on the information that I have come across, the wives of the Prophet (s) did not receive an inheritance from his estate, but rather were given a 'provision' or stipend. This was either left for them in the lifetime of the Prophet (s) or was given by Abu Bakr as the first defacto caliph.

So were the wives not entitled to any inheritance? There is an interesting narration in the Mu'jam al-Buldan of Yaqut al-Hamawi that after the demise of the Prophet (s) the wives considered sending 'Uthman (presumably bin 'Affan) to Abu Bakr as their representative to demand their eighth share. But 'Aisha, the daughter of Abu Bakr and one of the wives of the Prophet (s), opposed it and all the wives withdrew from such a demand. 

This is important because had the wives been entertained in their claim for inheritance, then Lady Fatima's (a) claim to Fadak could not have been refuted on the grounds that the Prophets do not leave heirs as was claimed by the first caliph Abu Bakr.

Fadak, in any case, was a lifetime gift that the Prophet (s) had made to Fatima (a).  That estate was not handed over to her by Abu Bakr despite her claims to it. This is widely documented in the hadith and historical sources.

For more details on the estate of Fadak and the politics that was at play behind it being withheld from Fatima (a) please refer to:

https://www.al-islam.org/fadak-allamah-sayyid-saeed-akhtar-rizvi/fadak

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Zeinab Donati, Zeinab Donati has been studying books about various Islamic subjects for more than 19 years. She is deeply interested in history and politics as well as social issues in particular those pertaining... Answered 2 years ago

Assalamu aleykum,
Thanks for your question.
If the son is illegitimate he has no right to inherit, so yes, the will is completely valid.
Please refer at the texts here below.

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- The Illegitimate Child (Walad al-Zina)
The lmamiyyah say: There is no mutual inheritance between an illegitimate child and its fornicator mother, in the same manner as there is no such inheritance between the child and its fornicator father, because there is a common impeding cause between the two, i.e. fornication.
https://www.al-islam.org/inheritance-according-five-schools-islamic-law-...

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- Views of Imamye scholars concerning inheritance of the illegitimate child
1. Most Imamye scholars assume lack of inheritance between the illegitimate child and his natural parents. In this regard Sheikh Toosi states:" child of adultery does not have lineage and does not inherit from the adulterer and the one who bore him and his heritage reaches his children and in case children do not exist, the property [inheritance] belongs to the Imam. Contemporary scholars assume lack of inheritance between the child of adultery and his parents (Khoee, 1996:414). Thus, what causes inheritance is relation and lineage where relation is connection of somebody with another by means of the latter whether relation is led to him or not (Imami 1993)
http://www.worldscientificnews.com/wp-content/uploads/2015/10/WSN-44-201...

- Custody of Illegitimate Child

Jurists see that hidana and nafaqa (expenditure) of an illegitimate child must be undertaken by the child biological parents, although the child does not inherit from them. Makārim Shīrāzī, Istiftāʾāt-i Jadīd, vol. 3, p. 266.

- Imam Khomeini, Tahrirol Wasaail in English, Volume 4, Section 44: Laws on Inheritance, Fourth Impediment, birth by Fornication (Zina), page 29 onwards.
 

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Saleem Bhimji, Shaykh Saleem Bhimji was born and raised in Canada. After completing his post-secondary education at the Northern Alberta Institute of Technology (NAIT), he moved to Medina, New York, to study at... Answered 2 years ago

You can find more details - the jurisprudential rulings - on inheritance at https://www.al-islam.org/islamic-laws-ayatullah-ali-al-husayni-al-sistan...