How is the estate of a father who died more than 12 years ago to be distributed among his heirs (6 daughters, 2 sons, and the mother), given that there are differences in expenses among the children due to schooling or marriage? Is the estate to be distributed according to Allah's law without consideration of these differences?
If the minor heirs have reached maturity, it is preferable to overlook what has been consumed from the inheritance during the past period, especially if calculating it is difficult. Then, the existing inheritance should be divided as follows: the wife receives one-eighth as a fixed share due to the presence of a lineal descendant, and the remainder goes to the children by ta'sib (agnatic inheritance), with the male receiving the share of two females.
However, if there is no forgiveness, or if the children have not yet reached maturity, then what each heir consumed must be calculated and considered a debt upon them, to be deducted from their share during distribution.
It must be noted that matters of inheritance are serious and complex, and a mere is not sufficient. Rather, it must be referred to the courts for investigation and to ascertain the existence of other heirs, wills, debts, or other rights that take precedence over the rights of the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/76879
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 76879
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy