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.

65035

Inheritance . Son . Daughter

How should inheritance be divided when the deceased left behind just a son and a daughter? How would it get distributed if there were 2 sons and 3 daughters?

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

1. If the deceased left only one son and one daughter, and no wife, the daughter will inherit one third and the son wll inherit two thirds.

2. If the deceased left two sons and three daughters, and no wife, the wealth left must be divided in to seven equal parts, one part ( 1/7) for every daughter and two parts (2/7) for every son.

Wassalam.

65031

Inheritance . Fadak . Sunni-Shi'a . Fatimah al-Zahra

What is the evidence in Sunni and Shia sources that Lady Fatima (a) claimed her inheritance property Fadak and that her claim was rejected by the caliph?

The tragedy of Lady Fatimah (SA) and her sufferings from Abu Bakr is mentioned in
hundreds of Sunni books and thousands of Shia books. I will mention
only the book of Bukhari being the most important book of Hadeeth among
our Sunni brothers. In the book of Bukhari, Hadeeth number 4240, it is
mentioned that Fatimah asked Abu Bakr to give her her right from what
the Holy Prophet (SAWA) left. Abu Bakr refused to give anything of
that to Fatimah (SA) so she became angry with Abu Bakr and boycotted
him and did not talk to him till she died. She remained alive after
her father for 6 months and she never spoke to Abu Bakr. This is in
the book of Bukhari itself.

It is important to know that Bukhari himself narrated a Hadeeth from
the Holy Prophet (SAWA) that Fatimah (SA) is part of me, anyone who
makes her angry makes me angry – this is in Bukhari, volume 4, page
210 in the Arabic edition.

Wassalaam.

54195

Inheritance

X is deceased and has (a) 3 surviving sons, (b) 2 deceased sons (c) 3 deceased daughters. All (a) (b) & (c) have children as well. Some sons and daughters and one only daughters. What is the Islamic ruling of division?

The persons who have right in inheritance in Islam are in degrees; the first degree is for the parents of the deceased and the sons and daughters of the deceased. If any son or daughter are alive when the deceased passed away, no inheritance for grand sons or grand daughters.

In your question, the inheritance goes to the living sons and daughters, and no right of inheritance for the grandchildren. Grandchildren would have share in the inheritance if the deceased did not leave any living son or daughter.

Wassalam.

62069

Inheritance

Is there an allowance in Islamic inheritance law for a father to write his will of inheritance in favour of a specific child in return of his special care towards the parent compared to the other children who were able to devote less attention?

Yes, it is allowed for any one to make a will in favor of any one whether a son or wife or friend or any one whom he wants. The will is obligatory in one third of the estate, but if it goes more than one third, then it will require the permission of the inheritors in the part which is more than the one third.

Wassalam.

61890

Inheritance

If one of the sons of a grandfather has died leaving behind children, will these grandchildren be able to inherit from the grandfather on his death while his other children are alive?

No, unless the grand father makes a will to give them whatever he wants to give them.

Inheritance goes to the direct children who are alive when the grandfather passed away and in the existence of direct children, no inheritance to grandchildren but with a will.

f the grandfather when he passed away had no living children but only grandchildren then all of them get the right is inheritance.

Wassalam.

61434

Inheritance

Can grandchildren inherit from their grandfather if their father died before their grandfather?

If the grandfather left only grandchildren with out any son or daughter, then all the grandchildren will inherit from their grandfather. But if the grandfather has living children, then his children will inherit him, not his grandchildren.

If the grandfather made a will in favour of his grandchildren, they will get a share according to the will which should not exceed on third of the whole estate, unless other inheritors permit.

Wassalam.

52693

Husband . Wife . Inheritance

If the husband dies does the wife get a share from his house and money that he has left behind? And is it permissible for him to leave everything to his wife in his will?

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

Inheritance . Property

Can a property left by the deceased have to be sold at market value or at cost price in order to pay out the heirs? What basis should be used to allow one of the heirs to retain ownership and therefore pay out the other heirs to acquire their share?

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

Inheritance

What are the Islamic considerations that apply to inheritance trusts?

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

Son . Inheritance . Grandparents . Justice

Is it true that if a grandfather A has two sons B and C and each of them have a son each called E and F, and then if B dies while A is still alive, there is no inheritance from A that will go to E? How is that fair for E?

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 2 years 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

Inheritance . Alcohol

Is it permissible for one to accept inheritance from a deceased knowing that it came from income selling alcohol?

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

Inheritance . Wife . Children . Death . Husband

How is the Islamic inheritance divided among the wife and children after the death of the husband?

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 3 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)