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In the Name of God بسم الله

Inheritence

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  • Advanced Member

Salam,

Please refer to the inheritence verse of surat al Nisa (Verse 11 onwards).

Please apply this scenario to it:

Father dead.

Mother (wife) alive.

Father has:

Daughter 1

Daughter 2

Daughter 3

Grandfather & Grandmother still alive (His parents)

Based on the above verses, i got the following results.

Father dead.

Mother (wife) alive. GETS 1/8

Father has:

Daughter 1

Daughter 2

Daughter 3

DAUGHTERS GET 2/3 ALL TOGETHER (NOT EACH)

Grandfather & Grandmother still alive (His parents) - GET 1/6 EACH WHICH IS 2/6 WHICH IS 1/3

.................

NOW THE WIFE GETS 1/8 THE DAUGTHERS GET 2/3 AND HIS PARENTS GET 1/3.

THIS DOESN'T ADD UP. WHATS GOING ON??????????????????????????????????????????

PEACE

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  • Veteran Member

(salam),

Okay, let's suppose we're dividing $100,000.

1/8 of it goes to the wife of the deceased husband. This is $12,500.

2779. If a man dies childless, 1/4 of his estate will go to his wife, and the remaining part will be given to his other heirs. And if the man has children from that or another wife, the wife gets 1/8th of the estate, and the remaining part will be inherited by his other heirs. A wife does not inherit anything from the land of a house or a garden or a farm, or from any other land, nor does she inherit from the proceeds of such lands.

She does not also inherit from that which stands on that land, like the house and the trees, but she inherits from their proceeds. The same rule applies to the trees and crops and buildings standing on the land of a garden, and on agricultural land, or on any other lands.

http://al-sistani.org/local.php?modules=nav&nid=2&bid=59&pid=3122

The rest ($87,500) is divided into 5 parts. The father and the mother of the deceased person, get one part each. They each get $17,500. After the two parts of the parents of the deceased person has been removed, we have $52,500 left.

The $52,500 get divided equally among the three daughters. So each of the daughters get $17,500.

2747. If the heirs of deceased are his father or mother and several daughters, the property is divided into 5 parts. One part is taken by the father or the mother, and the remaining 4 parts are equally divided among the daughters.

http://al-sistani.org/local.php?modules=nav&nid=2&bid=59&pid=3119

This is my understanding of the scenario (do confirm with an a'alim and make sure you read all the inheritance laws given here).

wa (salam)

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  • Advanced Member

(salam),

Okay, let's suppose we're dividing $100,000.

1/8 of it goes to the wife of the deceased husband. This is $12,500.

The rest ($87,500) is divided into 5 parts. The father and the mother of the deceased person, get one part each. They each get $17,500. After the two parts of the parents of the deceased person has been removed, we have $52,500 left.

The $52,500 get divided equally among the three daughters. So each of the daughters get $17,500.

This is my understanding of the scenario (do confirm with an a'alim and make sure you read all the inheritance laws given here).

wa (salam)

thanks for the reply, but i can't help but notice that this method contradicts the quran.

btw i like your footer

Ok so we give the women her share then we divide the rest. this also doesn't make sense because Allah swt doesn't specify an order in saying that there is an order why wold the fractions come in. these fractions are meant to apply as a whole.

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  • 3 months later...
  • Advanced Member

Then who does get the house and the land etcetera, if not the wife? Does this mean that the wife has no claim on the house she lived in with her husband, and could be force to move by whoever does inherit the house? Can the husband make a will to give his wife a larger share or (some of) these material goods?

In Dutch law, the longest-lived partner and the children all get a share, but the children's claim is postponed until the longest-lived partner dies. This is to make sure the longest-lived partner doesn't have to sell the house or other valuables because the children want their share of its value.

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