How is the estate of a man who died and left behind a wife, three sons, and three daughters divided, given that a number of his heirs subsequently passed away, with clarification of each individual's share as a percentage, taking into consideration the age factor and the obligatory bequest as applied in Egypt?
Firstly: The "obligatory bequest" is Islamically invalid and it is not permissible to take money based on it. Therefore, the estate of grandfather "Abd al-Mun'im" is to be divided without considering it.
Secondly: When some heirs die before the division of the inheritance, the rules of "Al-Munāfakhat" (successive inheritance) are applied to determine the share of each heir from the estate of the first deceased. The percentages of the shares for the living heirs have been determined as follows: Jalal (51.49%), Mahmoud, Fatima's husband (2.43%), Bilal, Fatima's son (5.67%), Ahmed, Nahed's husband (4.4%), Muhammad and Ibrahim, Nahed's sons (4.11% each), Ethar, their sister (2.6%), Mahmoud, Najwa's son (17.16%), Randa, his sister (8.58%).
Thirdly: The method of dividing the inheritance of each deceased individual has been detailed, with the note that man-made law may grant grandchildren a share under the name of "obligatory bequest," even if they do not inherit Islamically.
Fourthly: The 'Umarite issue (Al-Mas'alah al-'Umariyyah) is completely different from the obligatory bequest, and there is no relation between them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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