Question: 

Our Respected mother has passed away

She left behind a Husband,one son and three daughters only.Her parents are deceased .please advise as to our the inheritance will be distributed according to the Islamic Law and as well as guidelines as how to go about distributing the clothes,personal items ,jewelry ,shares etc. 

Answer:  

1. The estate of a deceased is distributed in the following manner,

1.1. The burial expenses will be discharged from the estate.

1.2. Any outstanding debts of the deceased will be settled in full.

1.3. The bequests (if any) made by the deceased will be discharged from 1/3 of the remainder (i.e. the remainder after paying the burial expenses and off-setting debts).

1.4. Distribute the remainder amongst the legal heirs according to the Quraan and Sunnah, as calculated in the table below.

HUSBAND - 5 shares - 25%

SON - 6 shares - 30%

DAUGHTER (1) - 3 shares - 15%

DAUGHTER (2) - 3 shares - 15%

DAUGHTER (3) - 3 shares - 15%

TOTAL - 20 shares - 100%

The items that are of minimal value such as clothes and personal items can be distributed amongst the heirs with mutual consent or can be given out in charity with the consent of all the heirs (if such items are not required by the heirs); with the proviso that all the heirs are Baaligh (mature).

As for jewellery, if distributing it accurately according to the above mentioned percentages is not possible, then the jewellery could be sold and the proceeds from the sale be distributed amongst the heirs according to the above percentages, or if a particular heir wishes to purchase the jewellery then he too may purchase it at the current market value and the funds accrued be distributed amongst the heirs according to the above percentages.

If the deceased was a shareholder in a company business, the principle is that, on the demise of a shareholder the partnership between the deceased person and the remaining shareholders of the company ceases, hence the company should pay out the deceased shareholder’s share. This amount should then be distributed amongst the heirs according to the above percentages. Alternately, the heirs may enact a new partnership agreement with the same company and thereby retain their respective shares in the company. The shares of the deceased in this scenario will be transferred to the heirs according to the abovementioned percentages.

AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Mufti Mohammed Desai 

CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B 

Date: 04 Dhul Hijjah 1441 

English Date: 27 July 2020