Question:
In my house there are only my wife and myself. We have no children. My parents are not alive, and my wife’s parents are also not alive. I have one sister and four brothers. My wife has two sisters, but one of them has already passed away. Now the question is: the properties that I purchased from my earnings are in my name. After both of us pass away, according to Islamic inheritance law who will inherit these properties.
Answer:
First, we must understand something. Inheritance must be asked separately for each individual. You must ask for your case separately and your wife must ask for her case separately.
The ruling for the property that is in your name is different, and the ruling for the property that is in your wife’s name is different. Because death does not normally come to both people at the exact same moment. If you die first while your wife is still alive, she will inherit from you. If she dies first while you are alive, you will inherit from her. So, the question “after both of us die what happens to the property” cannot be answered in a single step. It must be explained in stages.
Scenario 1: (12 Shares 8:1:3 Ratio)
Suppose the husband dies first while the wife is alive. In that case the wife has a share in the husband’s property. Since there are no children, the wife receives one-fourth. The remaining portion will go to the siblings. If the estate is divided into twelve parts, three parts go to the wife. The remaining nine parts will go to the brothers and the sister. Each brother will receive two parts, and the sister will receive one part. That makes nine. So, from the twelve shares, three go to the wife, eight go to the four brothers (two each), and one goes to the sister.
If the husband dies first; He leaves behind:
- wife
- 4 brothers
- 1 sister
Since there are no children, the wife receives ¼ (one-fourth).
To calculate clearly, the estate can be divided into 12 shares.
Wife → 3 shares (¼ of 12)
Remaining → 9 shares
These 9 shares go to siblings:
Each brother = 2 shares
Sister = 1 share
So, distribution:
Wife → 3
Brother 1 → 2
Brother 2 → 2
Brother 3 → 2
Brother 4 → 2
Sister → 1
Total = 12 shares.
Scenario 2: ( 9 Shares | 4X2 = 8: 1 Ratio) But suppose the wife had already passed away before the husband. Then the husband dies leaving behind four brothers and one sister. In that case the estate will be divided into nine shares. Each brother will receive two shares, and the sister will receive one share, completing the nine shares.
Scenario 3: Now consider the opposite situation. Suppose the wife dies first while the husband is alive. The property that belongs to the wife will be divided. The husband receives half because there are no children. The remaining half goes to her surviving sister
If the wife dies first; If the wife dies while the husband is alive:
Husband receives ½ of her property (because there are no children).
The remaining half goes to her surviving sister.
So:
Husband → ½ & Sister → ½
Scenario 4: (100 %) If the husband had already died earlier and the wife dies afterward, and the only surviving heir from her side is one sister, then the property will ultimately go to that sister.
That is how the inheritance works according to Islamic law.