What Is the Inheritance if the Deceased Leaves His Wife and Two Daughters, and Has Siblings?

Answered by Mawlana Ilyas Patel

Question

My husband and I are drawing up our will and want clarity in terms of Sharia Law (Sunni) if my husband predeceases me, who will inherit – these are possible beneficiaries on his side:

• Wife
• 2 daughters
• 3 sisters
• 1 brother
• maternal uncles and aunts.
• Both his parents are deceased.

Will his siblings also inherit even though he has daughters? Will maternal aunts & uncles also inherit?

I worked for 2 years but gave up my job to take care of our daughters and home. We decided that since I couldn’t work because the kids are small, for my protection we had a civil marriage as well.

If he predeceases me, then I would be legally entitled to 50% of the estate which will go to our kids when older. Is this haram?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question.

It is an important Quranic command and prophetic sunna to draw up a will and look into the future possibilities of inheritance for the best of our and our children’s worldly life and hereafter.

In the scenario where your husband predeceases you. You, the daughters, and your husband’s siblings will inherit a share each.

Islamically, you will not be entitled to a 50% share of the property. This is the law of the country that you reside in. Looking at it Islamically, based on Allah’s distributed shares, a considerable amount of 67% will go to the daughters anyway, in your case. Read the links below for a deeper understanding.

Heir/Relative       |       Share Fraction       |       Share Percentage

Importance of Inheritance

Abu Hurayra (Allah be pleased with him) reports that the Messenger of Allah (Allah bless him and give him peace) said: “O Abu Hurayra, learn about the inheritance and teach it, for it is half of knowledge, but it will be forgotten. This is the first thing that will be taken away from my nation.” [Ibn Maja]

Acts of Charity are True Wealth in the Hereafter

‘Ibn Mas’ud  (Allah be pleased with him)  reported: The Prophet (Allah bless him and give him peace) said, “Which of you loves the wealth of his heirs more than his own wealth?” They said, “O Messenger of Allah, there are none of us but his own wealth is more beloved to him.” The Prophet said, “Verily, his true wealth is what he puts forward and the wealth of his heirs is what is left behind.” [Bukhari]

Better to Leave the Family Wealthy than Begging

Sa’d  (Allah be pleased with him) reported: The Prophet (Allah bless him and give him peace) visited me while I was ill in Mecca. I said, “I have some wealth. May I donate all of it?” The Prophet said, “No.” I said, “Half of it?” The Prophet said, “No.” I said, “A third of it?” The Prophet said, “Yes a third, but this is still too much. That you leave your inheritors wealthy is better than leaving them dependent, begging for what people have. Whatever you spend on them is a charity for you, even the morsel you feed to your wife.” [Bukhari]

Check these links:
inheritance Archives – SeekersGuidance
Inheritance Laws: Can I Stipulate Other Than the Determined Amounts Mentioned in the Qur’an? – SeekersGuidance
Is It Permissible To Leave All One’s Assets to Just One of Your Children? – SeekersGuidance

Why not begin your search for knowledge by signing up for a course on SeekersAcademy (seekersguidance.org)

I pray this helps with your question.

[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani