Who are the rightful heirs in the event of the death of the questioner, or his wife, or both, and do paternal uncles and aunts and their children inherit, and is it permissible to bequeath a part of one's private house?
Inheritance depends on knowing the living heirs present at the time of the deceased's death. If you fear that the state will not distribute your estate according to Islamic law, you can record a will stipulating that the estate must be divided according to Islamic Sharia.
Example for a man: If he dies and his heirs are his wife, his three children, and his siblings, the estate is divided as follows: - For the wife: One-eighth, due to the presence of a lineal descendant heir, as Allah Almighty says: (But if you have a child, then for them is one-eighth of what you leave, after any bequest you [may have] made or debt.) An-Nisa/12. - For the children: The remainder, with the male receiving the share of two females, as Allah Almighty says: (Allah instructs you concerning your children: for the male, what is equal to the share of two females.) An-Nisa/11. - Nothing for the siblings because they are excluded by the son.
Example for a woman: If she dies and her heirs are her husband, her children, her mother, and her siblings, the estate is divided as follows: - For the husband: One-fourth, as Allah Almighty says: (But if they have a child, then for you is one-fourth of what they leave.) An-Nisa/12. - For the mother: One-sixth, as Allah Almighty says: (And for his parents, each one of them is to have a sixth of what he leaves if he has a child.) An-Nisa/11. - For the children: The remainder, with the male receiving the share of two females. - Nothing for her brothers and sisters because they are excluded by the son.
It is permissible to bequeath a portion of the estate, provided it does not exceed one-third.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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