Question: Assalamualaikum Warahmatullah,
Uncle M left behind a wife, two Sons and a daughter. How should we distribute his inheritance?
He left many tools behind, how should we distribute it?
How to distribute his personal items?
JazakAllahukhair
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-Salāmu ‘Alaykum Wa-Rahmatullāhi Wa-Barakātuh.
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· The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question. · Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused. · This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa. |
Respected Brother in Islam,
In accordance with the Shariah Law of Succession and Inheritance, distribution of an estate will only commence after the following responsibilities have been discharged:
- Funeral expenses
- All debts must be paid back to their rightful owners
- All bequests made to non-heirs will be given within one-third of the estate.
After the above expenses have been discharged, then the remaining part of the estate will be distributed.[i]
If the deceased is survived by the abovementioned individuals, the estate will be divided as follows:
| Beneficiaries | Shares |
| Wife | 5 |
| Son1 | 14 |
| Son2 | 14 |
| Daughter | 7 |
| Total | 35 |
Note: The calculation of shares is based on the information provided. If any other heirs were alive at the time of demise, the number of shares stated may differ.[ii]
All belongings left by the deceased (including clothing, jewelry, tools and other personal items) form part of the estate and are to be inherited by all rightful heirs according to their respective shares, resulting in joint ownership.
To ensure a fair distribution, all items (especially valuables like jewelry) should be appraised at current market value by qualified experts. Once the valuation is complete, the heirs may choose one of the following distribution methods by mutual agreement:
- Physical Division – If possible, the item may be physically divided in a way that reflects each heir’s share.
- Buyout Agreement– If one heir wishes to keep a specific item, they may buy out the others’ shares based on the agreed valuation, provided that all heirs are mature and consent to the arrangement.
- Sale and Distribution – The item can be sold, (provided that all heirs are mature and consent to the sale), and the proceeds are distributed among them in proportion to their inheritance shares. [iii]
If a mutual agreement cannot be reached among the heirs regarding a specific item, then lots should be drawn. The heir whose name is selected will receive the item, and the appraised value of that item will be deducted from their respective share of the inheritance. If the item’s value exceeds their share, the heir must compensate the estate for the excess amount.[iv]
Alternatively, it is also permissible for the heirs to divide the personal belongings among themselves without reflecting their respective shares, such that one heir takes a jacket while another takes a tool, provided that all the heirs are adults, of sound mind, and freely consent to the arrangement without coercion.
And Allah Ta’ala Knows Best.
Abdour-Rahmaan Lim Voon Heek
Student Darul Iftaa
Port Louis, Mauritius
Checked and Approved by,
Mufti Muhammad Zakariyya Desai.
