QUESTION:
What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: My father has passed away and seven years before his passing, he had gifted all of his assets in the U.K. to his sons. However, he also had some assets in another country and now he passed away, so how will them assets be divided, as amongst the inheritors, the following people were alive at the time of death: 3 sons, 2 daughters and 1 wife. One daughter had got married before the father had passed away and the other got married after the father had passed away and she has also become a widow. So in this case, there won’t be a change in the dividing of the inheritance, will there?
Questioner: Haroon from Leeds, UL
ANSWER:
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
In the aforementioned question based upon the fact that the question is exactly how one says it is and only limited to the aforementioned inheritance, after preceding with what is meant to be preceded with, such as the shrouding & burial, then the fulfilling of any debts and then the fulfilment of the will [the maximum of which being one third of the total wealth], the assets which were in the ownership of the father in a different country will be divided amongst the inheritors in the following manner. The assets will be equally divided into 64 shares, and 8 of these shares will be given to the [widowed] wife of the father because when the offspring of the deceased exist, the wife receives one eighth, just as Allāh Almighty states in the Holy Qur’ān,
{فَاِنۡ کَانَ لَکُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَکْتُمۡ}
{Then if you have children; so one eighth of what you leave behind}
[Sūrah al-Nisā’, v 12]
And each of the sons will receive 14 shares and the daughters 7 shares each because when there are both sons and daughters amongst the offspring of the deceased, then the division will be according to لِلذَّکَرِ مِثْلُ حَظِّ الۡاُنۡثَیَیۡنِ i.e. the son receives double to that of the daughter. Just as Allāh Almighty states,
{یُوۡصِیۡکُمُ اللہُ فِیۡۤ اَوْلٰدِکُمْ ٭ لِلذَّکَرِ مِثْلُ حَظِّ الۡاُنۡثَیَیۡنِ}
{Allah commands you concerning your children (regarding their share of inheritance); the son’s share is equal to the share of two daughters}
[Sūrah al-Nisā’, v 11]
The daughters marriages do not have any effect upon the dividing of inheritance, and whatever assets the father gifted to the sons 7 years before he was on his deathbed [in his final illness], they indeed belong to the sons.
واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری
Answered by Mufti Qasim Zia al-Qadri
Translated by Haider Ali
Read the original Urdu answer here: [Q-ID0561] How should we distribute my deceased Father’s wealth between 3 Sons, 2 Daughters and our Mother?
Also see:
[Q-ID0284] A wife, a son and 5 daughters: how much does each inherit from their deceased father?
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