Heir in the Quran law? Please help
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Peace all, sun
I have a question on heir issues.
My mother and my father died and left a house.
We are three children, two sisters and one brother but half-brother. My half-brother is from the first marriage of my father.
So my question is, how regulate the Quran law the heir on this matter above, pls verse numbers.
I just want to go hand in hand with Quran law that's it.Thanks in advance for your help!
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Greetings and Peace, all group
It depends; if there is a will, that takes precedence.
411 GOD directs you regarding the inheritance of your children "To the male shall be as that given to two females. If they are women, more than two, then they will have two thirds of what is inherited. And if she is only one, then she will have one half. And to his parents, each one of them shall have one sixth of what is inherited, if he has a child. If he has no child and his parents are the heirs, then to his mother is one third; if he has siblings then to his mother is one sixth. All after a will is carried through or a debt. Your parents and your children, you do not know which are closer to you in benefit, a directive from GOD, for GOD is Knowledgeable, Wise."
412 And for you is half of what your wives leave behind if they have no child; but if they have a child then to you is one quarter of what they leave behind. All after a will is carried through or a debt. And to them is one quarter of what you leave behind if you have no child; but if you have a child then to them is one eighth of what you leave behind. All after a will is carried through or a debt. And if a man or a woman who is inheriting has no descendants, but has a brother or a sister, then to each one of them is one sixth, but if they are more than this then they are to share in one third. All after a will is carried through or a debt, which does not cause harm. A directive from GOD, and GOD is Knowledgeable, Compassionate.
It also depends on where you live and if all of the children are in agreement. If the children are in agreement, the estate can be divided any which way is fair if there is no will. Otherwise, the estate will be divided according to the prevailing law.
It would seem based on 411 that you would receive 50% and your sisters 25% each; HOWEVER...keep in mind that this was during a time when men were patriarchs. Look at the relative needs of everybody. If everybody has equal means and equal needs, equal division of property would be the most fair option for all.
Please take a look at 2182.
http//www.islamawakened.com/quran/2/182/
ALLAH knows best.
peace
~Abdul-Hadi
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It would seem based on 411 that you would receive 50% and your sisters 25% each
Peace Abdul-Hadi -- no, especially if Birdy is female ) we need to read carefully follow exactly as stated.
Peace all, sun
I have a question on heir issues.
My mother and my father died and left a house.
We are three children, two sisters and one brother but half-brother. My half-brother is from the first marriage of my father.
So my question is, how regulate the Quran law the heir on this matter above, pls verse numbers.
I just want to go hand in hand with Quran law that's it.Thanks in advance for your help!
Peace and condolences Birdy,
If you want to go by Qur?an (it appears there?s no will), it depends on which parent died first.
CASE ONE
IF father deceased first, house value e.g. $960K equally owned by both parents at the time, then
$480k is to be divided amongst your mother, you, your sister, and your half-brother from father.412 so if kana/he is (m/s) for you walad/born (if son) so to them the eight from what left you
1/8 * $480K = $60k mother (this is besides half the house value $480K she already owns)
411 directs you the god in children yours to the male like share the two (feminine)
7/8 * $480k = $420k you, your sister, and brother ($210k brother, $105k you, $105k your sister)
Mother's passing her half the house $480k + $60k = $550k equally $225k you, $225k your sister.
CASE TWO
IF mother deceased first and the house value $960K equally owned by both parents, then
$480k to be divided amongst your father, you, and your sister (half-brother gets nothing).411 so if are (f/p) nisan/womenfolk above two (f) so for them (f/p) third dual (2/3) what left
Part of verse doesn't apply since you are exactly two (f) not over two/three plus; you and sister variable.412 and for you half what left spouses yours if not was for them (f/p) walad/born
Part of verse doesn't apply since your mother did have at least one child/born i.e. you and your sister.412 so if kana/he is (m/s) for them walad/born (if son) so for you the fourth from what left they
Part of verse doesn't apply since your mother did not have at least one child/born (m/s) or son present.
Father's share is variable $480K divided equally ? $160K your father, $160K you, and $160K your sister.Father's passing his half the house $480k + $160k = $640k
411 to the male like share the two (feminine)
$160K you, $160k your sister; $320K half-brother = $640KInheritance according to Qur?an http//free-minds.org/forum/index.php?topic=9604035.0
4176 shows the god for you lest stray yeh and the god in every thing knower
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Greetings and Peace, all group
Oops, yes, I misread. I thought that Birdy was the brother. Apologies for inadvertently misleading.
Thank you, Noon waalqalami, for catching my error. Your examples are cogent--but fairness and justice must also enter into the equation.
A "half brother" is no less a brother; certainly he only had one father and is also grieving. A stepchild or adopted child is no less a child/sibling. It could be considered an injustice to exclude the brother; he did not choose to be a half-brother. Justice and fairness are more important than material things. AQ does not exclude half brothers--that is from tradition.
If both parents perished together (intestate), then division would be 50% for the brother and 25% for each sister--BEFORE justice and fairness comes into play. Such division would be considered unfair today, and based on 2182 (and other verses) equal distribution would be the most fair.
If there is not a will, the most fair thing to do (if all children have equal means and needs) is to distribute the estate equally. Funeral expenses and debts are paid from the estate before division, of course.
May ALLAH see fit to Guide all seekers.
peace
~Abdul-Hadi
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Peace with you all, sun
thank you gentlemen for the clarification. D
I do understand how to divide the heir, but I don't know now how my brother and sister will response to this. My brother has two houses and he bought them from his own money and he worked for that very hard.
I and my sister hire flats.
My parents worked hard for the house by selling, additionally to their work, old clothes, shoes and other things at a flea market.
My mother died end of March this year and my father a few months later.
Somehow I am ashamed to take my part of the house, I would rather sell it to my brother and donate that money (seeds for the poor or to invest in a project for the poor). I told him that. My sister will maybe also sell him her part, I don't know, and then donate that money.My parents were big-hearted and helped the others how they could, not only material things and money but also in other ways.
I hope it will end good and God will help me to make righteous out of this responsibility.May God lead us to the right path.
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Greetings and Peace, all group
Oops, yes, I misread. I thought that Birdy was the brother. Apologies for inadvertently misleading.
Thank you, Noon waalqalami, for catching my error. Your examples are cogent--but fairness and justice must also enter into the equation.
Peace Abdul-Hadi, you're welcome.
Verses are clear and without a will have to be followed as stated not changed to what seems fair according to people.
A "half brother" is no less a brother; certainly he only had one father and is also grieving. A stepchild or adopted child is no less a child/sibling. It could be considered an injustice to exclude the brother; he did not choose to be a half-brother. Justice and fairness are more important than material things. AQ does not exclude half brothers--that is from tradition.
Please re-read what I've posted, the step-brother only inherits from his father not from his stepmother.
If both parents perished together (intestate), then division would be 50% for the brother and 25% for each sister--BEFORE justice and fairness comes into play. Such division would be considered unfair today, and based on 2182 (and other verses) equal distribution would be the most fair.
If there is not a will, the most fair thing to do (if all children have equal means and needs) is to distribute the estate equally. Funeral expenses and debts are paid from the estate before division, of course.
Please re-read, the above is imprecise and not according to Qur'an.
If they perished together
Birdy and her sister equally divide or inherit their mother's property.
Birdy, her sister, and their half-brother inherit their father's property. (411)E.g. house value $960k equally owned by both parents, then
$240k to birdy from mother
$240k to sister from mother$240k to half-brother from father
$120k to birdy from father
$120k to sister from fatherPeace with you all, sun
thank you gentlemen for the clarification.
I do understand how to divide the heir, but I don't know now how my brother and sister will response to this.Peace Birdy,
What's yours is yours; theirs is theirs; after division each is free to do what they like with their shares.