Question (Q-38)
My deceased father left behind his wife, two sons and three daughters. He did not leave any will. How will his wealth be distributed according to Islamic Law of Inheritance?
Answer
Note: Inheritance rules are complex and case specific. Therefore, one should refer specific circumstances to a qualified scholar for guidance in relation to the method of distributing the inheritance of any particular deceased.
With the condition that the questioner has told the truth and there is nothing which prevents the distribution of this inheritance, no other inheritor, no debt, and no will, the total inheritance will be divided into eight parts. One part will be given to his wife whilst based on the ruling that the share of the son is equal to the share of two daughters, each of the sons will receive two parts and each of the daughters will receive one part.
This is demonstrated in the table below;
| The deceased 8 shares in total | |||||
| Wife | Son | Son | Daughter | Daughter | Daughter |
| 1 | 2 | 2 | 1 | 1 | 1 |
Allah the Almighty states in the Noble Qur’ān:
“Allah commands you concerning your children; the son’s share is equal to that of two daughters.” (Sūrah An Nisā 4:11)
The Almighty also states:
“Or if you have a child then for them (your wives is) an eighth of what you leave behind, after any will you may have made, or debt to be paid.” (Sūrah An Nisā 4:12)
Allah (تعالى) is Most Knowing.
Written by: Shaykh Omar Khan (Allah preserve him)
Verified by Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
