Transactions & Dealings >> Inheritance & Will

Question # : 12487

India

As explained previously that My wife died of Lung Cancer now the issue that exists is of the custody of child (only one boy just 11 months old)and property. Maternal Side: The Mother of my deceased wife is not alive, My deceased wife has two sisters ,one is elder & married ,younger one is unmarried . She has two brothers , one married and other unmarried ,and there father is alive. Step Grand mother is alive but divorced. My Side: My both parents are alive and i have two brothers out of which one is married and other is single , I have one sister who is married Please i need the fatwa as per quran and hadith about the custody of child ,and division of property.

Answer : 12487

Published on: May 11, 2009

بسم الله الرحمن الرحيم


(Fatwa: 680/498=L/1430)


 


In case the mother and maternal grandmother are not alive, the paternal grandmother will have right to nurture the child. Therefore, in the case mentioned above, your mother shall have right to nurture the child. The property and wealth left by your wife shall be distributed as follows: after paying due rights preceding inheritance, all the wealth will be distributed in 12 shares, out of which 3 shares will be given to husband, 2 share to her father and 7 shares to his son. Her brothers and sisters shall have no share in her property.



Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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