Inheritance to Wife, 1 Daughter and 2 Sons
Assalamualaikum. Ustadz, I want to ask a question.
About inheritance. I have 3 siblings, I am the eldest and 2 younger brothers. Mother is still there.
Parents have a plot of house, but their children have been planted. Mother's wish, I have to buy it. Brothers and sisters agree.
According to Islamic law, I have heard that there are more men, and half of the women, because there are women who provide for them.
My question is, first, what if I don't have a husband. Is it still half of the distribution of men?
Second, does my mother also get a share of the proceeds from the sale of the house?
Thank you, Ustadz.
Greetings, Fulanah
ANSWER:
Wassalamu'alaikum warahmatullahi wabarokaatuh.
Bismillah… The first knowledge that Allah will revoke is inheritance. This means that in the future many of these people will leave the practice of inheritance in accordance with the provisions of Allah and His Messenger.
As for the problem of men getting twice as much as women, it is true. Allah SWT says:
للَّهُ لَـٰدِكُمۡۖ لِلذَّكَرِ لُ لۡأُنثَیَیۡنِۚ
{سورة النساء: }
"Allah has prescribed (obligatory) on you regarding (the division of inheritance for) your children, (ie) the share of a son is equal to the share of two daughters". {Surat an-Nisa': 11}
So if a person dies and leaves an heir consisting of: wife, 1 daughter, and 2 sons, then their respective share is:
- Wife: 1/8
- 1 daughter: ashabah bighairihi
- 2 sons: ashabah binafsihi
We take the LCM (smallest common multiple) which is 8, then:
- Wife: 1
- 1 girl: 1,4
- 2 Boys: 5,6
The share of 2 boys is 5,6. Then each gets 2,8. The share of 2,8 is double that of 1,4. While 1,4 is the share of one girl.
As for if you (daughter) buy the inherited house, then the house is officially yours, but part of the sales proceeds must still be given to the heirs. Namely, 1/8 mother and 2 brothers as much as 5,6 from KPK 8. While the remaining 1,4 from the sale is yours.
Wallâhu a'lam bish-showâb.
Regards!
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(Answered by: Ustadz Very Setiyawan, Lc., S.Pd.I., MH)
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