Transactions & Dealings >> Inheritance & Will

Question # : 158466

Saudi Arabia

I have a brief but important question, if you could please respond on priority. As per Islamic law & regulations, does (own) sisters have any rights over (own) brother’s earned property (like house/flat, etc) ? The property I am referring here is being earned/owned by the brother and not inherited by parents, grandparents or ancestors. Kindly note that the brother in this scenario does have children but only daughters and no sons. It’s been rumored that, if the brother have only daughters and no sons, then sisters have right over his (earned/owned) property?

Answer : 158466

Published on: Feb 12, 2018

بسم الله الرحمن الرحيم



(Fatwa: 657/488/SN=5/1439)



 



During lifetime, the brother himself is owner of his income. However, if he dies and does not leave behind any son or father then his sister shall also have her share in his property. For example, someone died and he only left his wife, two daughters, two sisters. Then all the property shall be divided into 48 shares, out of the total the wife shall get 6 shares, each daughter shall get 16-16 shares, while each sister shall get 5-5 shares. The detail of Shariah division is as follows:



 



Wife:                1x 06 = 06



Daughters:        2 x 16 = 32



Sisters:                         2 x 05 = 10



 



Total                  48       shares



 



Note:(a) It is just an example. What is your case write it completely then we shall write the Shariah ruling.



(b) The rules and regulations related to inheritance issue are detailed. So you must not reach to any conclusion by the above mentioned examples yourself. If needed then you should contact any Mufti.




Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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