On Inheritance

My husband recently took a second wife. He and I have a business which we started with my own money before his second marriage. If he dies first, does his second wife inherit from this business? Can he bequeath in his will that the business go to me? Does his step-children from both marriages inherit? He does have a son and daughter from a previous marriage. I am not sure what our shares would be and I want to do things right Islamically.

Praise be to Allah.
If you started the company with your own money, then you have the right to retain ownership of the company completely in your name from now, and not after your husband dies, but you should work out your husband's share of this company in return for the work he did and his running of the company, either in the form of a sum of money that he takes in return for that, or in the form of a portion of the shares equivalent to the work he did.

In that case, you will have protected your rights and your property and your husband will have his rights commensurate with his work.

Then if your husband dies, the wealth that he leaves behind will be shared out, whether it came from this company or otherwise, among all of his heirs, including the children he had before he married you, and his second wife, according to the shares allocated to them in sharee‘ah.

If the official papers are in your husband's name, he can correct that and put them in order from now; that should not be left until after he dies.

If he cannot do anything about that now, or if it will adversely affect your company, then he can write that in the form of a will. But he should not bequeath anything of his private wealth to you, because he does not have the right to make a bequest to any of his heirs from his wealth. Allah has allocated to them what they are entitled to as inheritance. Rather he is only documenting your original right to the company. The Prophet (blessings and peace of Allah be upon him) said: “Allah has given everyone who has rights his rights, and there is no bequest to an heir.” Narrated by Abu Dawood, 2870; classed as saheeh by al-Albaani (may Allah have mercy on him) in Irwa' al-Ghaleel, no. 1655. It was also narrated by ad-Daaraqutni (4150) as follows: “It is not permissible to make a bequest to an heir unless (all) the heirs consent to that.” Classed as hasan by al-Haafiz Ibn Hajar in Buloogh al-Maraam.

Ibn Qudaamah (may Allah have mercy on him) said: If he makes a bequest to his heir that the other heirs do not agree to, it is not valid, and there is no difference of opinion among the scholars on this point. Ibn al-Mundhir and Ibn ‘Abd al-Barr said: The scholars are unanimously agreed on that, and there are reports to that effect from the Messenger of Allah (blessings and peace of Allah be upon him). Abu Umaamah narrated: I heard the Messenger of Allah (blessings and peace of Allah be upon him) say: “Allah has given everyone who has rights his rights, and there is no bequest to an heir.”

Narrated by Abu Dawood, Ibn Maajah and at-Tirmidhi. But if they give their consent, it is permissible, according to the majority of scholars.

End quote from al-Mughni, 6/58

And Allah knows best.

Reproduced from Islam QA

I just wanted to know regarding the disrtibution of property of My grandfather.He passed away many years ago leaving behind an agricultural land and the house in which he used to live. He had 1 son & 6 daughters,i.e all together 7 childrens. He didnt made any will nor he divided the property among his childrens though he had given some piece of land when he was alive to some of his daughters because they were in need of the money at that time. Now my father (i.e only son of my grandfather) is planning to sell the agricutural land & he want to distribute the amount obtained from the sale of that land among her sisters as well.so can you please tell me the share of each six daughters & the only son (as per the quran and authetic hadith),supposing the amount obtained from the sale of that land be rupees 1000. Also my father lives in the house which belongs to my grandfather & he is taking care of it with all the repair and maintainence required.He says whenever he will sell it,he will distribute the money among her sisters as per their sharai haqq & none of her sister had any objection with that because they all know that the valve of property is increasing with the time & they all will to be benefitted with the increase in the valve of the house.Is it permissable to do this or should he sell the house as soon as possible & distribute the money among all her sisters?

Praise be to Allah.

Firstly:
If the grandfather gave wealth to some of his daughters because they were in need of it, either because of poverty, sickness or some other reason that dictated that they be singled out for that, there is no blame on him for that and he does not have to give to the rest of his children except in the case of need.

See the answer to question no. 36872

Secondly:
If a father dies and leaves behind a son and six daughters, and there is no heir apart from them, then the son gets double the share of each daughter, because Allah, may He be exalted, says (interpretation of the meaning):
“to the male, a portion equal to that of two females” [an-Nisa' 4:11].
If the price of the land is 1000 rupees, then your father gets 250 rupees and each of his sisters gets 125 rupees.
This is how everything that was left behind by the grandfather after he died should be divided: the house in which he used to live, and in which your father is living and taking care of its maintenance, and everything else he left behind of money, property and land.

The basic principle is that the estate should be divided immediately after the death of the owner of the wealth, because delaying it may come under the heading of neglecting some people's rights or lead to rights being withheld from some.

But if your father had made an agreement with his sisters to sell the house in the future, with their willing consent, there is nothing wrong with that.

See the answer to question no. 4089 and 97842

And Allah knows best.

Reproduced from Islam QA

I am married with no children. My wife has a daughter from a previous marriage . My mother and sister living. I had a brother who passed away and left a widow. If I were to die, how should my estate be distributed?.

Answered by
Sheikh `Abd al-Wahhâb al-Turayrî, former professor at al-Imâm University in Riyadh
The distribution of the estate cannot be decisively determined before death takes place. The reason for this is because the inheritors might change. However, I will inform you of the way your estate should be distributed should those inheritors remain exactly as they are today.

The division will be as follows:

1. Your wife receives 1/4 of the estate if you do not have children from her or from another woman. If you have children, this percentage will change.

2. Your wife’s daughter from a previous marriage receives nothing from your estate unless you choose to make a bequest to her.

3. Your mother receives 1/3.

4. Your sister, if she is your full sister or a half sister from your father’s side, receives 1/2 of the estate. If she is a maternal half sister, the case will be different. We can only reply to you after you explain her position.

5. Your deceased brother is not entitled to anything.

6. Your sister-in-law is not entitled to anything.

How to carry out the division:

Since the shares 1/3, 1/4, and 1/2 total up to 13/12 an therefore exceed the total estate, everyone's shares will be reduced and the estate will be divided into 13 shares.

Your wife will receive 3 of the 13 shares.
The mother will receive 4 of the 13 shares.
Your sister will receive 6 of the 13 shares.

If you wish your stepdaughter (or some other person) to receive something, you may leave her a bequest. A person has a right to alot up to one-third of his total estate as bequests to non-inheritors. The bequests are to be distributed before the division of the inheritance described above.

Source: Islam Today

We are five inheritors: a wife (step mother), two sons, and two daughters. How should the estate be divided up?

Answered by
Sheikh `Abd al-Wahhâb al-Turayrî, former professor at al-Imâm University in Riyadh
The wife receives 1/8 of the total estate. The children share in 7/8 of the estate with the male children receiving twice the share of the female children.

The best way to facilitate this is to take the total value of the deceased’s estate and divide it into 48 equal shares.
His wife will receive 6 shares. (6/48=1/8)
Each son will receive 14 shares.
Each daughter will receive 7 shares.
Source: Islam Today

My father expired last year in May. Now his property is to be distributed. What should be the share percentage for each recipient? My mother, his only wife, is alive. I have five elder brothers all married with children. I, his only daughter, am also married and have a son.

Answered by
Sheikh `Abd al-Wahhâb al-Turayrî, former professor at al-Imâm University in Riyadh
Your father died leaving behind a wife, five sons, and a daughter. The division of the estate will be as follows:

The wife will receive 1/8 of the total estate. The children will share in 7/8 of the estate with each male child receiving twice the share of the female child.

The best way to facilitate this is to take the total value of the deceased’s estate and divide it into 88 equal shares.

The estate will be divided into 88 shares.
The wife is entitled to 1/8 of the estate, so she receives 11 shares.
Each of the five sons will receive 14 shares.
The daughter will receive 7 shares.
Expressed as percentages this means:
The mother receives 12.5% of the total estate.
Each son receives roughly 15.9%. (or 15 10/11 %)
The daughter receives roughly 7.95% (or 7 and 84/88 %).
Source: Islam Today

 

A man dies leaving a wife and seven children (six daughters and one son), no ascendants but lots of grandchildren and, I believe, some collaterals. Things were further complicated by the death of the youngest daughter before the division of the estate. This daughter was unmarried and had no children. I suppose her share will now have to be redistributed to her mother and the other brother and sisters. My question is in what proportions should her share be redistributed? What about the aunts and uncles?

Answered by

Sheikh Nâsir al-Turayrî
In this case, a man died and left a wife, a son, and six daughters, and before the distribution of the estate could be carried out, one daughter died.
The wife gets one-eighth of the estate. The remaining amount will be divided between the son and the six daughters, with the son receiving a share that is double the share received by each of the daughters.
The estate will be divided into 64 shares.
Since the wife is entitled to one-eighth of the estate, she will receive 8 shares.
The son will receive 14 shares.
Each of the six daughters will receive 7 shares.
After allocating everyone’s share, the share of the decease daughter should then be redistributed to her mother and brother and sisters. The mother’s share will be one-sixth of the deceased daughter’s share and the remainder will again be divided between the brother and the sisters with the brother getting double what each sister gets.
What we said only applies if the brother and sisters are her full brother and sisters. If some or all of them are half-siblings, then the division of the estate will be different.
The uncles and aunts have no share in the estate.
Source: Islam Today

Some non-Muslims are claiming that there is a mathematical error in the Qur'an regarding inheritance. Here is the arithmetic. Acording to the Qur'an, the wife receives 1/4 of the estate, the mother receives 1/3, 2 full sisters receive 2/3 and 3 half-sisters from the mother collectively receive 1/3 (together). Now, we take the lowest common denominator, which is 12... We adjust the numerator to make the fractions equal to their original value. So now the equation is: (3+4+8+4)/12 = 19/12.
Could you please explain this?

Answered by

Sheikh `Abd al-Wahhâb al-Turayrî, former professor at al-Imâm University in Riyadh
There is nothing wrong in the method of calculation. What is happening here is a failure in application and a misunderstanding of the verses in question.

 

Scholars have divided inheritance matters into three categories: “al-`âdilah” in which both the estate and the inheritors’ shares are equal, “al-`â’ilah” in which the inheritors’ shares are more than the estate, and “al-radd” when the inheritance is more than the inheritors’ shares. All three situations are commonplace and are clearly discernable consequences of the division of the estate outlined in the Qur’ân that anyone will realize form an even cursory reading of the verses. It presented no problem to the Companions at the time of the prophet (peace be upon him) or for anyone who came after them.

What we are dealing with here is the principle in inheritance law known as al-`â’ilah which causes a reduction in the shares across the board for all inheritors.

For example, in case we have the following shares: a half and a two-thirds, this obviously yields seven sixths. Therefore, the shares will be reduced from a sixth of the estate to a seventh of the estate (a smaller share). The party entitled to a half will receive three-sevenths of the estate. The party entitled to two-thirds will receive four-sevenths of the estate. This has been the practice in matters of inheritance since the time of the Prophet (peace be upon him) up until today.

People trying to use this to show a contradiction in the Qur’ân are grasping at straws. They fail to recognize the fact that these rulings were put into practice immediately from the time the verses were revealed without the least problem. They can only advance such a deceptive argument to an audience in the West that is totally unfamiliar with Islamic practices and Muslim history.

Allah says: “If the deceased left brothers, the mother has a sixth”. The term “brothers” here includes any combination of brethren, whether male or female. The mother in the said example deserves a sixth of the inheritance, not a third, due to the existence of sisters.

Let us take the example cited in your question where a man dies leaving behind a wife, a mother, two full sisters, and two half sisters – since this will produce an improper fraction – and discuss what will happen. The calculation will be as follows:

The wife will get quarter, the mother a sixth, the two full sisters two thirds, and the two half sisters a third. The lowest common denominator is 12 as you have mentioned.

Since the inheritors shares cross together, all inheritors will be effected by an even reduction in their shares and, therefore, the denominator 12 will be changed to 17. This is the application of the principle know as al-`â’ilah.

The wife will receive 3/17 instead of 3/12
The mother will receive 2/17 instead of 2/12.
The two full sisters will share in 8/17 instead of 8/12.
The three half sisters 1will share in 4/17 instead of 4/12.
May Allah guide us all, and may His peace and blessings be upon our Prophet, his family, and companions.
Source: Islam Today

A man dies leaving behind two wives, two sons and six daughters. All the children are from the first wife. He has no children from the second wife. What are the shares of his inheritors?

Answered by the Fatwa Department Research Committee - chaired by Sheikh `Abd al-Wahhâb al-Turayrî
We understand from your question that your father died leaving no other inheritors besides two wives, two sons, and six daughters. On the basis of this assumption, the answer will be as follows:

The two wives share in 1/8th of the estate. This should be divided equally between them, so that each wife received 1/16th of the entire estate.

The remainder of the estate – 7/8ths – will be divided among the children, with each son receiving a share twice as large as the share of each daughter.

The best way to facilitate this is to take the total value of the deceased’s estate and divide it into 80 equal shares.

Each wife will receive 5 shares. (5/80=1/16)

,P> Each son will receive 14 shares.

 

Each daughter will receive 7 shares.

Source: Islam Today

A man dies leaving behind his mother, father, and four daughters. He has no sons. His wife and his brothers passed away before him.

Answered by

Sheikh Nâsir al-Turayrî This is a case of a man who is survived by no one else but his four daughters and his mother and father. His estate will be divided as follows:

His mother will be entitled to one sixth of the estate. His four daughters will share collectively in two-thirds of the estate. His father will receive what remains, which will be one-sixth of the estate.

Since the daughters share equally in their 2/3 portion, and since there are four daughters, each daughter will receive one-sixth of the estate.

Source: Islam Today

I am a convert to Islam. My father is a non-Muslim. When he dies, I stand to inherit a good portion of his estate, but I heard from some people that a Muslim cannot inherit from a non-Muslim. Is this true?

Answered by

Prepared by the Research Committee of IslamToday It is true that a Muslim does not inherit from an unbeliever. Usâmah b. Zayd related that the Prophet (peace be upon him) said: “The Muslim does not inherit from the unbeliever and the unbeliever does not inherit from the Muslim.” [Sahîh al-Bukhârî(6383) and Sahîh Muslim (1614)].

However, that applies only to the fixed shares alloted to each relative by the Qur'an.

In this case, we are dealing with a bequest, since there is a written will from your father. Muslims and non-Muslims are free to make bequests to each other, and it is an excellent idea when Muslims have non-Muslim family to make bequests to them. In Islamic Law, up to a third of the estate can be set aside for bequests.

Therefore, you may receive up to one-third (33.33%)of your father's estate, since this is the maximum amount of a person’s estate that can be bequeathed to non-inheritors.

If the percentage your father wishes to give to you is in excess of this amount, then you will not be permitted to accept this excess without the express permission of the other inheritors, since it is their right.

And Allah knows best.

Source: Islam Today

Do children inherit from their parents. If they do, then how much do they receive?

Answered by

the Fatwa Department Research Committee - chaired by Sheikh `Abd al-Wahhâb al-Turayrî
Children definitely do inherit from their parents’ estates. Allah says: “Allah directs you regarding your children, to the male a portion equal to that of two females. If only daughters, two or more, their share is two-thirds of the inheritance. If only one, her share is one-half.” [Sûrah al-Nisâ’: 11]

However, the exact portions that the children shall receive depends upon who the other inheritors are. This can only be determined by a scholar who looks directly into an inheritance case firsthand.

Source: Islam Today

 

We were five brothers and three sisters. Two of my brothers died while my father was still alive. Now that my father has passed away, his legal heirs are 3 brothers, 3 sisters and my mother. I would like to know whether the children of my late brothers have a right to share in my father's property?

Answered by

Sheikh Husayn al-Jabûrî, professor at Umm al-Qurâ University One of the reasons someone inherits is that he is alive when the owner of the estate dies. If the brothers and sisters were alive when the owner of the estate died, then their children deserve their fathers’ or mothers’ shares if they have yet to be distributed.

The reason for this is that these children would be the inheritors of their parents and accordingly they have the right to receive their share.

However, if any of the estate owner's sons and daughters die before he does, then their children have no right to receive any share in the estate after the death of the owner of the estate.

Some scholars have said: In such a case, the father may prepare a will in which he may assign the share of his deceased son or daughter to their inheritors. This is only applied in the Egyptian courts.
And Allah knows best.

Source: Islam Today

The shares of inheritance are apportioned out to one’s relatives in the Qur’ân in the strictest of terms. No one can ever change these shares and disinherit any of his relatives. However, what should a Muslim do concerning his non-Muslim relatives, especially those who may be dependent on his fortune?

Answered by

the Fatwa Department Research Committee - chaired by Sheikh `Abd al-Wahhâb al-Turayrî
Inheritance between Muslim and unbelievers - meaning the apportion of the fixes shared designated to specific relatives in the Qur'an - does not take place. The Muslims do not inherit these fixed shares from his non-Muslim relatives, nor do his non-Muslims inherit them from their Muslim relatives.

The Prophet (peace be upon him) said: “A Muslim is not entitled to inherit from a non-Muslim, nor is a non-Muslim entitled to inherit from a Muslim.” [Sahîh Muslim]

However, this only applies to the fixed shares of inheritance set forth in the Qur’ân and Sunnah. It does not apply to bequests.

A Muslim is free to make a bequest of up to one-third the value of his estate to whomever he pleases aside from the inheritors. This wealth is distributed before the estate is divided up among the inheritors. It is unlawful to give a bequest to someone who is entitled to an inheritance, since in doing so, he increases that person's share of inheritance.

The Prophet (peace be upon him) said: “Allah has given to everyone with a right, his right. There is no bequest for an inheritor.” [Sunan al-Tirmidhî, Sunan Abû Dâwûd, Sunan al-Nasâ’î, and Sunan Ibn Mâjah]

However, it is permissible for a Muslim to make a bequest for his non-Muslim relatives who are barred from inheritance on account of their being non-Muslims. In this way, a Muslim can use his discretion and set aside up to one-third of his estate to provide for any non-Muslim parents, children, or other relatives whom he might have.

In many cases, the one-third bequest might be higher than the fixed share prescribed if that relative had been a Muslim.

Source: Islam Today

Is it possible for a woman to waive her right to her share of her father’s estate without knowing what the value of her share is and without first taking possession of it? May she waive her right to her share without first seeking her husband’s permission or at least soliciting his opinion? Does the family home in which they all live constitute part of the divisible estate?

Answered by

Sheikh Hamad al-Haydarî, professor at al-Imâm University The majority of scholars hold the view that it is not lawful to give a gift that is unknown. Therefore, if this woman is ignorant of the value of her share of her father’s estate, then her waiving it – essentially her giving it over as a gift – is invalid.

As for the question of her taking possession of her share, possession is construed to be automatic from the moment of her father’s death. No formal acceptance on her part is needed for it to be considered her property.

She is permitted to waive her right to her share of the inheritance without seeking her husband’s permission. She is the owner of the property and she is free to do with her wealth as she pleases. She might regard soliciting his opinion to be a good gesture that would fall under the general prescription of living with one’s spouse in an amicable manner. If this is the case, then consulting with him first would be a good thing.

However, I need to point out the sad fact that in some cultures a woman is expected to the point of compulsion to waive her right to the inheritance, so that the entire estate will be left to the male inheritors. If she does not do so, then she is looked upon with disdain and derision. This is a great social injustice against the woman that is diametrically opposed to Islamic Law.

If the family home had been the property of the deceased and he had neither made it part of a trust nor transferred ownership of it while he was still alive, then the house will be part of the divisible estate.

And Allah knows best.

Source: Islam Today

 

If a woman is divorced by her husband and her husband dies during or after the completion of her waiting period,will she inherit from his property? If so, how much will she inherit?

Answered by

Sheikh Yâsîn al-Khatîb, professor at Umm al-Qurâ University
Ibn Taymiyah was asked a similar question so he replied [Majmû` al-Fatâwâ (31/368)] by saying:

As far as the divorce itself is concerned, it will take place as long as the husband is in full possession of his mental faculties and acts of his own choice. However, the woman will inherit from his estate, according to the opinion of the majority of the leading scholars of Islam. This is school of thought of Mâlik, Ahmad, and Abû Hanîfah, and it is the older opinion of al-Shâfi`î.

This was also the verdict implemented by the Caliph `Uthmân for the wife of `Abd al-Rahmân b. `Awf. `Abd al-Rahmân b. `Awf had divorced her in his death illness, but `Uthmân affirmed her share of his estate.
The woman has to observe the longest of the two waiting periods, whether it be the waiting period for divorce or death. However, if the husband had lost possession of his mental faculties, then his divorce is invalid from the outset.

Ibn Taymiyah was also asked about a man who, during his death illness, divorced his wife with a single pronouncement of divorce before consummation of the marriage. He was asked if it would be construed as a divorce to prevent her from her share of inheritance, legally necessitating that the opposite of his intentions be carried out and that she be granted her share of his estate and her full dowry. Or will she receive no share of the estate and only half of the dowry?
He replied [Majmû’ al-Fatâwâ (32/369)]:

There are two opinions among the scholars regarding the woman who is divorced before her marriage is consummated. The most correct one is that she is also entitled to inherit. This is the opinion of the school of thought of Mâlik and Ahmad – according to the well-known saying related from him – and that of al-Shâfi`î. This is because it was related that `Uthmân gave such a woman her share of the estate after her waiting period elapsed.

Such a woman only inherits on account of her right connected with the estate when the husband suffers from his death illness and consequently has his right to dispose of his property curtailed so that he may not transfer any of his wealth to those who are his inheritors not grant to non-inheritors more than a third of his estate, in the same way that he has no right to do so after his death. Since his right to dispose of his property during his death illness with respect to his inheritors is the same as it is after death, he consequently has no authority to prevent her from her share after falling ill. This is what the scholars call a divorce of avoidance.

This is the correct opinion that I also adopt. And Allah knows best. Source:

Islam Today

Do parents inherit from their offspring? Do sisters and brothers inherit from each other? What is the share that is received by the father, mother, brother or sister?

Answered by

the Fatwa Department Research Committee - chaired by Sheikh `Abd al-Wahhâb al-Turayrî

The parents of the deceased receive a share of inheritance. The share varies depending on who the other inheritors are.

The brothers and sisters of the deceased receive a share of the inheritance in certain cases, the amount of which again depends on who the other inheritors are.

As for the determination of these shares, it is as follows:

The Father:

The share received by father of the deceased varies according to three sets of circumstances:
1. If the deceased has a male child or more, then the father receives one-sixth of the estate.
2. If the deceased has only a daughter or daughters, then the father initially receives one-sixth, then he receives any remainder left over after the other inheritors receive their shares.
3. If the deceased leaves no children, then the father receives the entire estate after other inheritors (like the deceased’s wife and mother, for instance) receive their allotted shares.

The Mother:
The share received by father of the deceased varies according to three sets of circumstances:
1. If the deceased has one or more male or female children or has two or more brothers who survive him, then the mother of the deceased receives one-sixth of the estate.
2. If the deceased leaves behind no children, and one brother or no brothers at all, nor a spouse nor a father, then the mother receives one-third of the estate.
3. If the inheritors are none other than the father, mother, and the spouse of the deceased, ten the mother receives one third of the estate that remains after the spouse receives his or her share.

Full Brothers & Paternal Half Brothers:
The brothers of the deceased do not have a specified, fixed share. They only receive the remained that is left over after the inheritors with fixed shares receive their due. There are third in line to be entitled to this remainder after the children and the father of the deceased, with preference given to the full brothers over the paternal half brothers.

Full Sisters & Paternal Half Sisters:
A solitary surviving full sister of the deceased will receive one-half of the inheritance if there are no surviving sons or brothers of the deceased. If there are two or more full sisters in this situation, then they will collectively receive two-thirds of the estate.

They likewise can have a complementary share along with the daughters and brothers of the deceased. This happens when the deceased is survived by a solitary daughter and a sister. In this case the sister will receive one-sixth of the estate and the daughter will receive one-half. This also happens when there are brothers and sisters, for in this case the remainder inheritance is divided up between them, with each brother receiving twice the amount received by each sister.

Paternal half-sisters take the same set of rulings, except that they come after the full sisters in entitlement. Therefore, the division of inheritance that exists between a paternal half sister and a full sister is the same as that which exists between a full sister and a daughter.

Maternal Brothers & Sisters
If the deceased is survived by a solitary maternal half-brother or maternal half-sister, she will receive one-sixth of the estate if the deceased leaves behind no child or father as an inheritor. If there are two or more maternal half-siblings and the deceased leaves behind no child or father as an inheritor, then they will share equally in one-third of the estate.
And Allah knows best.

Source: Islam Today

Does an illegitimate child inherit from his deceased father's estate?


Answered by
Sheikh Hânî al-Jubayr, judge at the Jeddah Supreme Court
If the fornicator refuses to acknowledge paternity of his child resulting from fornication and does not declare that child to be his son or daughter, then the child will not inherit from the fornicator. This is the ruling in this case, without there being any disagreement among the scholars in this matter.

Such a child resulting from fornication is not a child of the fornicator, does not inherit from him, and will not be attributed to him. However, the child will inherit from his or her mother.

The evidence that the child from fornication will not be attributed to the fornicator is the hadîth where the Prophet (peace be upon him) said: “The child is to be attributed to the one upon whose bed it is born, and for the adulterer there is stoning.” [Sahîh al-Bukhârî (2053) and Sahîh Muslim (1457)]

The meaning is that paternity of a child only comes about as the consequence of a legal marriage. The fornicator does not have such an attribution.

However, if the fornicator decides to attribute the child to himself, then it will be legally his child. Therefore, if the fornicator had declared himself to be the child's father, then the child will have the right to a child's share of the father's estate.

In case there is a dispute regarding a particular child's right to inheritance, then the burden of evidence will be upon the party who asserts the right of a child born of fornication to inherit from the biological father. The party who denies the existence of this right will not be requested to furnish evidence, since the absence of such a right is the default legal assumption.

And Allah knows best.
Source: Islam Today

A man and his wife have died in a car accident. It is not known which of them died first. How do we calculate their separate estates so they can be distributed to their respective relatives?


Answered by
Sheikh Bandar b. Muhammad al-Rabâh
This type of situation occurs more often than people think. Natural disasters like floods and earthquakes are often the cause. Then there are house fires, automobile accidents, and other tragedies where people who are closely related to each other and have mutual inheritance rights often die together. This is why we find that the books of Islamic inheritance law often devote an entire chapter to the subject of multiple inheritors dying at the same time.

In some cases, it is possible to determine who died first. When this can be determined, the estate of the first person to die is distributed to all of his inheritors, including the co-deceased. This portion is added to the estate of the co-deceased. Then, the estate of the co-deceased is, in turn, distributed to his inheritors.

Scholars are in agreement about this procedure.

Scholars disagree about what to do in cases where it cannot be determined who was the first to die. However, the strongest view seems to that there is no inheritance between them. The distribution of their respective estates is calculated without factoring in the co-deceased as one of the inheritors. This view was adopted by Ibn Taymiyah and a number of other later scholars who reviewed the issue.

Therefore, if a man and wife die simultaneously in a car crash, like the case you ask about in your question, the man's property will be divided out among his inheritors without his wife being counted as one of them. Likewise, the woman's estate will be divided out among her inheritors without her husband being factored in as one of them.

And Allah knows best.
Source: Islam Today
 
How does the executor of an estate deal with providing support for a deceased man’s sons? Should he distribute the estate first then defray expenses for each son from his share, or should he give each one what he needs from the general estate? Please explain in detail.


Answered by
Sheikh Salman al-Oadah
If the inheritors live in one house, the household expenses are taken from the main estate for the general benefit of everybody in the household. There is no need to distribute the estate.

If the inheritors are separated, each one should get his share. In case one of the inheritors lives away from the family house, then the expenses for the house and the other inheritors should not be deducted from his share of the estate.

Also, personal possession such as automobiles cannot be purchased for any of the sons’ from the main estate, but must be taken from that individual’s share unless the other inheritors permit it.
Source: Islam Today
 
I accepted Islam six years ago. My mother, who is not-Muslim, has asked me to be an executor of her will along with my non-Muslim brother. This will involve making sure that her house and property are sold and distributed according to her wishes. It does not involve arranging her funeral rites. I understand that she intends to distribute her wealth such that 20% would be given to me and 20% would be given to my children. This is her wish. My mother is very dear to me, can I agree to do this as it would mean a lot to her?


Answered by
Sheikh `Abd al-`Azîz b. Bâz
It is permissible for you to be the executor of your mother’s will by selling her house and properties and distributing the collected money according to her wishes. This is part of being kind to your mother. Allah says: “Yet bear them company in this life with justice (and consideration)” [Sûrah Luqmân: 15]

However, I would like to draw your attention to the fact that a Muslim does not inherit from an unbeliever. Usâmah b. Zayd related that the Prophet (peace be upon him) said: “The Muslim does not inherit from the unbeliever and the unbeliever does not inherit from the Muslim.” [Sahîh al-Bukhârî (6383) and Sahîh Muslim (1614)].

However, in this case there is a written will from your mother, so you may receive up to one-third of the estate (33.33%) as a bequest. This is the amount of a person’s estate that he can bequeath to non-inheritors. Since the percentage your mother wishes to give to you and your sons is 40% (20% for you and 20% for your sons), it slightly exceed that percentage. Therefore, you may not receive that excess unless it is approved by all the other inheritors.

And Allah knows best.
Source: Islam Today