How is the estate of a man who passed away to be divided among his wife, two sons, two daughters, three grandsons (sons of his son), and six granddaughters (daughters of his son), knowing that he left a four-story house distributed among some heirs and tenants? What is the legitimate share according to Islamic law for each heir?
The house, with all its floors, is the property of all heirs, and no one has the right to monopolize any part of it. The rent from the apartments also belongs to the heirs. The heirs have the right to choose to divide the property using one of the known methods of division. If they do not agree, recourse is made to division by lottery or by selling the property and distributing its price. As for the floor built by one of the sons: if he built it during his father's lifetime and with his permission, it is considered a loan ( 'ariyya ) that ends upon the father's death. The land reverts to the estate, and the son is entitled to the value of his construction as dismantled. The wife inherits one-eighth due to the presence of a lineal descendant. The remainder goes to the two sons and two daughters by ta'sib (residuary inheritance). The sons' sons and daughters' sons receive nothing because they are excluded from inheritance. The estate is divided into forty-eight shares: the wife receives six shares, each son fourteen shares, and each daughter seven shares. The matter of estates must be referred to the Sharia courts for verification before division.
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- 117740
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