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f:720 -    Question about inheritance
 Country : India,
Name : Iqbal
Question:     We are 5 brothers and 2 sisters apart from our mother.  Our father passed away in 2000.  How can his wealth be distributed among us.  There is also a plot of 300 sq. yards.  
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Answer:     In the Shariah, there are 4 rights on the wealth left by the deceased.  

1.  Burial expenses.
2.  Repaying of debts.  If the Mehr (alimony) of the wife has not been paid, then this also should be paid.
3.  If there is any will about a non-inheritor, then this will be fulfilled with 1/3rd of the wealth left by the deceased.
4.  Distributing the remaining wealth among the inheritors as per the guidelines of the Holy Quran and the Sunnah.

As given in Asa Siraji Fi Ilmil Faraaidh, Pg. No. 3 and 4.

In the given situation here, first the burial expenses of the deceased should be borne here.  If somebody else has borne them, then they should be repaid to that person.  If the Mehr of the wife had not been given, then it should be paid.  If other debts are there, they should also be repaid.  If the deceased had bequeathed anything to a non-inheritor (somebody who is not among the inheritors of the wealth of the deceased as recognized by the Shariah), then this will be fulfilled with 1/3rd of the wealth of the deceased.

After this, if there are no other inheritors apart from the mentioned ones, then all the wealth including the plot of land will be divided into 96 equal parts.  The wife will receive 12 shares, the daughters 7 each and the sons, 14 each.

And Allah knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director Abul Hasanaat Islamic Research Center]
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