Dividing inheritence when couple have no children

DWQA QuestionsCategory: inheritanceDividing inheritence when couple have no children
JonSnow Staff asked 1 year ago

My wife & I have no children how do we divide our inheritage islamicly?

1 Answers
JonSnow Staff answered 1 year ago

First of all, know that shariah does not mingle wealth of couples. Whatever belongs to the husband is treated separately and whatever belongs to the wife is treated as her own wealth without sharing. So you need to ear mark what belongs to you separately and also what belongs to your wife would be treated in a separate estate according to shariah. So whomsoever passes away, the estate would be distributed separately and to the respective heirs. The following shares are according to the case where there are no children: If your parents are alive, then your parents will definitely inherit you. The wife will inherit the husband one quarter share if the husband passes away. And in case the wife passes away, then the husband will inherit one half of the estate. In your case, if your father is alive, he will inherit everything after your mother. Else if father is no more, then your brothers and sisters will inherit and sisters will take half share of a brother. If you have no brothers and sisters, then the direct nephew and nieces(brothers son and daughters) will inherit. If there are none, then the fathers brothers or else their children i,e. your cousins will inherit. Nonetheless, we request that you give us detail of who is alive between these heirs, then we may advise how to distribute your estate islamically. You may mail us on mufti@orange.mu