Complying With Fiqh Rules Regarding Inheritance

Ustadh Salman Younas breaks down the rules of inheritance in a complicated case, advising caution and consulting local scholars.

Question:

Assalam alaykum wa rahmat Allah wa barakatuh.

I am a single female, never married. My mother has passed, may Allah have Mercy on her. It seems straightforward that 2/3 of my assets would go to my father, and 1/3 can go to any person, charity, etc. assuming they will not be beneficiaries from my father (i.e. my siblings). Please confirm if my understanding is correct.

I’m having trouble determining “contingent” beneficiaries according to Islamic law in the event my father passes before me. I have 3 brothers. One who claims that he does not believe in God. One brother is married to a Lutheran, and their two children are Muslim. I also have 2 sisters, one who is married to a Catholic, and the husband and their 3 children are Catholic. My father remarried, and has a grown step daughter (she is in her 30s). My father is 80, and my siblings and I are in our 50s.

It seems, based on what I’ve read, that my brother who does not believe is not entitled to receive inheritance from a believer. Please confirm.

If that’s the case, do I divide this into 6 parts, with 2 going to each believing brother and 1 part going to each sister? Or is the sister married to the Catholic not entitled also?

In addition, I have several aunties, uncles, cousins from my mother’s side, and half aunts, uncles and cousins from my father’s side. In order to comply with fiqh, do I need to leave anything for any of them?

Jazakum Allah khayran.

Answer:

Wa alaykum assalam wa rahmat Allah wa barakatuh.

1. If you are survived by your father and siblings, your father will inherit everything. You may, however, bequeath 1/3rd of the inheritance to anyone of your choosing. (Note: The general rule is that a bequest cannot be made to a person who is an inheritor unless permitted by the other inheritors, but this is not applicable in the case here).

2. If your father passes away and you only have surviving siblings, your three brothers will each receive 1/4th, your two full sisters 1/8th each, and your consanguine sister will not receive anything.

However, the inheritance of a Muslim can only be inherited by a Muslim. Thus, if one of your brothers is not a Muslim, he will not be entitled to a share in the inheritance as a designated inheritor, which will mean two brothers will each receive 1/3rd and your two sisters 1/6th each, or, putting it differently, 2/3rds will be divided between your brothers and 1/3rd between your sisters. The judgment about his Islam, though, is a serious matter and should not be made without clear decisive evidence and the counsel of recognized scholars.

3. As for uncles, aunts, and cousins, they will not receive anything in the presence of your full brothers or sisters.

I would advise you that despite this answer, you should consult a reliable, local scholar on the specifics of your situation, family details, and the rights each are owed.

Salman

Checked and approved by Shaykh Faraz Rabbani.