Muslim Law?

Question

Can somebody advice me on how to distribute assets left by the deceased under the muslim law?

Answer 1

A Brief Explanation of the Law

The first right on the property of the deceased is that of the creditors. After the payment to the creditors, any will made by the deceased shall be executed. The remainder of the property and assets of the deceased, if any, shall be distributed among the inheritors in the specified proportions.

Two Categories of Inheritors

A close analysis of these verses shall show that according to this law, there are basically two kinds of inheritors:

1. Inheritors who are to be given a fixed proportion of the total inheritance; and
2. Inheritors who are to share, in a specified proportion, the balance of the inheritance after the share of inheritors of the first category has been given.

The first category of inheritors includes parents[3] (in case a person has any children or brothers and sisters) and spouse[4]. On the other hand, the second category of inheritors includes children[5], brothers and sisters[6] (in case a person dies childless) and parents[7] (in case a person has neither children, nor brothers and sisters).

It simply means that in case any or all inheritors of the first category are present, first they shall be given their stipulated portion of the inheritance. The balance of the inheritance shall then be distributed among the second category of inheritors, according to their specified proportion. On the other hand, in case any or all of the inheritors of the first category do not exist, then all the property and assets of the deceased shall be distributed among the inheritors of the second category, according to the stipulated principle or according to their specified shares.

The Shares

Shares of the Inheritors of the First Category

Parents

The share of the parents (as inheritors of the first category, i.e., when the deceased has either children or brothers and/or sisters) shall be one-sixth each[8].

Spouse

The shares of the spouse[9] are as under:

In case of Husband:

1. If the wife dies childless -- half of the total property and assets of the wife
2. If the wife had any children -- a quarter of the total property and assets of the wife

In case of Wife:

1.

If the husband dies childless -- a quarter of the property and assets of the husband.
2.

If the husband had any children -- one-eighth of the property and assets of the husband.

Shares of the Inheritors of the Second Category

Children

The deceased's children shall share in the balance of the property and assets of the deceased, after the stipulated shares of all the inheritors of the first category have been given. The share of the deceased's children[10] is as follows:

1. If there are both sons and daughters -- the share of each son shall be double that of each daughter, in the balance of the property and assets of the deceased after the shares of the first category of inheritors is given..
2. If there are only sons -- all the sons shall share equally in the balance of the property and assets of the deceased after the shares of the first category of inheritors is given.
3. If there is only one son -- he shall take all the balance of the property and assets of the deceased after the shares of the first category of inheritors is given.
4. If there is only one daughter (and no other children) -- she shall get half of the balance of the property and assets of the deceased after the shares of the first category of inheritors is given.
5. If there be two or more daughters (and no sons) -- they shall share equally in two-thirds of the balance of the property and assets of the deceased after the shares of the first category of inheritors is given.

Brothers And Sisters

According to verse 176, in case the deceased is childless, and has any brothers and/or sisters, the share of brothers and sisters of the deceased shall be exactly the same as that of his sons and/or daughters respectively, if he had any. Thus the share of the brothers and sisters shall be as under:

1. If there are both brothers and sisters -- the share of each brother shall be double that of each sister, in the balance of the property and assets of the deceased after the shares of the first category of inheritors is given..
2. If there are only brothers -- all the brothers shall share equally in the balance of the property and assets of the deceased after the shares of the first category of inheritors is given.
3. If there is only one brother -- he shall take all the balance of the property and assets of the deceased after the shares of the first category of inheritors is given.
4. If there is only one sister (and no other brothers and/or sisters) -- she shall get half of the balance of the property and assets of the deceased after the shares of the first category of inheritors is given.
5. If there be two or more sisters (and no brothers) -- they shall share equally in two-thirds of the balance of the property and assets of the deceased after the shares of the first category of inheritors is given.

Parents

In case a person has neither children nor brothers and/or sisters then his parents shall share the balance of his property and assets after satisfying the claims of the inheritors of the first category[11] (in this case, the spouse of the deceased).

"Kalalah" Inheritors

Besides the stated relations (i.e., children, parents, brothers and/or sisters and spouse), the Qur'an has also referred to another kind of relations -- the "Kalalah". In the Arabic language, the word "Kalalah" is used in different meanings. In verse 12, it is used for relations other than the parents and children of a person.

Thus, if a person wants to add any kalalah relative (brothers and/or sisters, in the presence of children, and maternal and/or paternal aunts and uncles etc.) with the inheritors specified in the Qur'an[12], in their absence[13] or after their share has been given[14], he can do so by nominating the desired person. Such nomination cannot be made for any of the persons whose share has been specified in the Qur'an, neither can such nominations alter any of the shares specified in the Qur'an[15].

According to the Qur'an, if any one has made such a nomination in favor of any of his kalalah relatives, the following rule shall apply[16]:

1. If the nominated person has one brother and/or one sister, then a sixth each of the nominated amount shall be given to this brother and/or sister. The balance of the nominated amount shall be given to the nominated person.
2. If the nominated person has more than two brothers and/or sisters they shall all equally share one-third of the total nominated amount and the balance of the nominated amount shall be given to the nominee.

What About the Balance?

According to our understanding of the law of inheritance given in the Qur'an, there can be certain instances where a portion of the wealth of the deceased is left over after all the heirs have been given their shares. In the same way, if a childless person has neither brothers and/or sisters nor parents, a significant portion of his wealth shall remain undistributed. One solution to this problem, as indicated above, is that the Qur'an has directed the person to make someone his heir. But in case, the person has not done so, then what is to be done with the remaining balance? The following tradition provides an answer to this question, in most of the cases:

Give the heirs their share; if something remains, it is for the closest male relative. (Muslim, Kitabu'l-Faraidh, Chapter 1)

This is the law of inheritance of the Qur'an.

Answer 2

this is a very complicated question that involves a lot of factors
mainly what will decide how this is divided whether you will follow the Sunni or the Shiite method and also who are the survivors.

my suggestion if you want a reliable answer e-mail this organization in Egypt with your question and they will give you the right answer

[e-mail]

and yes you can e-mail them in English

Answer 3

1. payment of funeral expenses
2. payment of his/ her debts
3. execution his/ her will
4. distribution of remaining estate amongst the heirs according to Sharia

Answer 4

Below is a inheritance calculator:
http://www.islamicsoftware.org/irth.html

Answer 5

I dont know

Answer 6

http://www.understanding-islam.com/related/text.asp?type=article&aid=14

http://www.jannah.org/sisters/inheritance.html