Transactions & Dealings >> Inheritance & Will
Question ID: 62273Country: Canada
Answer ID: 62273
Bismillah hir-Rahman nir-Rahim !
(Fatwa: 50/52/SN=01/1437) (1) In case the husband is alive then his wife does not have any right in his property. The husband is owner of his property. Yes, husband is responsible for the alimony of wife. If the husband dies then wife shall too get her share in his property as per the following details: The wife shall get 25% of what the husband left behind in case he has no child. But if he has a child, then the wife shall get 12.5% of what the husband left behind. The Holy Quran says: وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم [النساء : 12] (2) In case someone left behind a male child or father or grandfather then his sister and brother shall get nothing. If there is none from the above persons and the deceased has left brother and sister then after giving the heirs (zawil furuz) their shares, what remains shall be divided among the brothers and sisters as per the rule of “for a male there is a share equal to that of two females”. In this case there is no fixed share for brothers and sisters. Note: Besides the wife, who are the other persons among the children, parents, grandfather and grandmother etc whom the deceased left behind? Write their details and know the Shariah shares of each one.
Allah (Subhana Wa Ta'ala) knows Best
Darul Ifta,
Darul Uloom Deoband, India