Inheritance of Property
How should the property be distributed among the heirs?
As-salaamu ‘Alaykum wa Rahmatullaahi wa Barakaatuhu
A man is survived by only the following relatives:
1) 5 daughters and 2 sons of a late Akhyaafi sister
2) 2 daughters and 3 sons of a late Akhyaafi brother
How will the estate be divided among them? jazaakAllah. wassalaam
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
- The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
- The Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
- This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa
According to our understanding, the deceased is the uncle and the heirs are his maternal nephews and nieces.
If so, then the property should be divided into 12 shares and each heir should be given 1 share.
If our understanding of the relationship with the deceased is incorrect, then the ruling will not apply.
And Allah Ta’āla Knows Best
Hanif Yusuf Patel
Student Darul Iftaa
Checked and Approved by,
Mufti Ebrahim Desai.
References  [Mu`īn al-Farā`iż, p.73, Jamiah Husainiyah Rander, Surat]
The Ask Our Imam site hopes to respond to queries relating to Islamic law. It is not an Islamic Law Shari`ah Court. The questions and answers found on this website are for educational purposes. However, many of the rulings rendered here are distinct to the specific scenario and thus should be read in conjunction with the question and not taken as a basis to establish a verdict in another situation or environment. This site bears no responsibility in these responses being used out of their intended context, nor to any party who may or may not follow the responses given and is being hereby exempted from loss or damage howsoever caused. None of the responses rendered may be used as evidence in any Court of Law without prior written consent of Our Imam. Any reference to another website or link provided in our responses or article should not be taken as an endorsement of all the content on that website; in fact, it is restricted to the particular material being cited.
Posted in Inheritance & Will on 3rd Mar 2016 by Our Imam | 1245 Views