Back to search

How are the remaining shares and bank guarantee distributed after the company's failure and the death of one of the heirs, taking into account the equal distribution agreement that one of the sons objects to, and is the deceased's share distributed equally with his living siblings despite him being the cause of the loss?

1 min readAlso available in العربية

The division of the mortgaged stock inheritance is as follows: The wife receives one-eighth, and the remaining is for the children, with the male receiving the share of two females. If the adult, mature heirs agree to divide the shares equally, it is permissible. However, if there is a minor or an imbecile among them, their share may not be reduced. The value of the remaining shares should be determined and added to the mortgaged amount, then the bank guarantee amount should be added if it is separate. The resulting total is divided equally among the heirs if they are adult and mature, and whatever each of them has taken is deducted from their share. If some of the heirs are legally incapacitated or if the agreement was only for equality in profit and loss, the inheritance is divided according to the original Islamic law of inheritance. It should be noted that a loan with usurious interest is forbidden.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy