INheritance Laws-- Overlap?
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As SAlaam Alaikum Ahmed,
the deceased left only one daughter, his parents, a wife and no sons
in this case
The daughter will take 1/2
each of the parents will take 1/6 = 1/3
total will be 3/6 + 2/6 = 5/6, i.e there will be 1/6 that can be distributed on others including the wife
if there was more than one dauhter, then yes the wife will take nothing
indeed I found this a common practice in Egypt, however the wife can be allocated a portion by the deceased in his will before he dies, and certainly most husbands do that in Egypt, some don't btw and all his estate goes to the children and the parents if they still alive
now if a man alocated 1/10 to his wife in his will, then before the devide the state according to what we dicussed above that 1/10 must be put aside and the percentages will be wroked out on the rest of his estate
Well actually since, this a case of just one child... wouldn't it be (at least) 1/2 to the daughter, 1/8th to the wife... and then he can distribute to his parents as he wished? Their numbers are only set when ther are more than one child (it's the wife's that isn't).
salaam
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As SAlaam Alaikum Ahmed,
Alaikum Al SalaThe Inheritance laws is really hard and deep in the Quran bro, I know westerners who spent a few years to work it out and the outcome was they reverted to Islam just after working it out, there are many books about it bro, this is not something that can be discussed in a page or two it needs at least 50 pages because we will have to work out all the possibilities up to a logical point of how many children someone can have
So what we are discussing is just scratching the surface and sure both of us will benefit
Well actually since, this a case of just one child... wouldn't it be (at least) 1/2 to the daughter, 1/8th to the wife... and then he can distribute to his parents as he wished?
He could have distributed all his will as he wished, ie. written in his will that so and so should take much and much, then if anything left after paying as such, verses 411-12 & 4176 should apply
In fact adhering to the will of the deceased as he wished and documented IS A FIRST PRIORITY AS SEEN IN THE VERSES
For example, imagine I have a factory, I can write in my will that this factory should be given to my wife, then she will have it and if there is nothing left, bad luck for my kids because that is what I wanted and has to be fulfilled according to the verses, and believe there are many who do this, it looks odd though doesn't it?
So if there is one daughter left, a wife and two parents, I believe it should be as follow
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Pay any thing that the deceased explicitly allocated for any one,
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Pay any debts the deceased own then divide the rest as follow
a) The daughter will take 1/2
b) The parents will take 1/6 + 1/6 = 1/3
c) The wife will take 1/8Total = 1/2 + 1/3 + 1/8 = 12/24 + 8/24 + 3/24 = 23/24
Their numbers are only set when ther are more than one child (it's the wife's that isn't).
salaam
not sure about your question bro, can you elaborate please
Peace
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Taking your example the shares are
2/3 1/6 1/6 1/8
lets combine the parents for ease.
2/3 1/3 1/8
Meaning the girls get twice as much as the parents but the wife still gets 1/8 for every 2/3 the girls get.
Peace.
Hello Burhan
can you please give me an example on an estate worth 1000 units?
peace
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Sure bro.
Well its basic maths after that.
Add up all the shareholders
2/3
1/3
1/8
9/8
then multiply out the ratios like so.
(induvidual share ratio)/(total shares ratios) * (total estate value) = (induvidual share value)
2/3 * 8/9 * 1000 = 16/27 * 1000 = 593
1/3 * 8/9 * 1000 = 8/27 * 1000 = 296
1/8 * 8/9 * 1000 = 1/9 * 1000 = 111peace.
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Sure bro.
Well its basic maths after that.
Add up all the shareholders
2/3
1/3
1/8
9/8
then multiply out the ratios like so.
(induvidual share ratio)/(total shares ratios) * (total estate value) = (induvidual share value)
2/3 * 8/9 * 1000 = 16/27 * 1000 = 593
1/3 * 8/9 * 1000 = 8/27 * 1000 = 296
1/8 * 8/9 * 1000 = 1/9 * 1000 = 111peace.
Thank you mate
now it is more clearer
peace be with you
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Peace all;
one question i have no clear answer for yet is
do we only turn to the quranic inheritance laws when no will was drawn ?
Thanx in advance for your answers.
lk
Peace
in both cases of leaveing a will or not, the matter should be turned to the quranic inheritance laws
you can see that the laws say clearly to divide after honoring any will left by the deceased, ie. the deaceased may not leave a will, so the verse is covering both possibilities of leaving a will or not, hence we should refer to it regardless a will was left or not
Allah knows best
peace be with you
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Peace,
what then if the will is already distributing all there is ?
lk
Peace
I don't understand your question, but I can have a guess at it by the following example
Assume that I have written the following will
"I want my dear wife to inherit all the estate I have"
now assume that I'm dead now, well according to the Quran and my will, my wife must take all my estate and bad luck to the others
me being fair or not is not the issue here, the issue is the Quran said we distribute what left after fulfilling the will of the deceased, if nothing left bad luck to whoever don't get a penny
peace