IMPORTANT Q/AOF ISLAMIC PERSONAL LAW By Zulfiqar Ali Chandio

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Q: 1      A Muslim Dies Leaving Behind One Widow, Mother and Father.. Distribute the Estate of the Deceased according to the Hanfi Law of Inheritance?

 

A:                Distribution of estate by a Muslim amongst his heirs according to Sunni and Shia law:

(i)      The estate will be distributed according to Sunni Law as follows:

                   Wife =        ¼  as sharer, there being no children.

                   Mother        =        1/3  of ¾ = ¼ as sharer, there being no children.

                   Father         =        ½ as residuary, there being no children

                   (Mother takes 1/3 of the remainder after deducting the widow’s share).

                   (ii)     The estate will be distributed according to Shia Law as follows:  

                   Wife  =        1 = 3   as sharer, there being no children

                                      4   12

                   Mother        =        1    4  as sharer, there being no children

                                      3   12

                   Father         =        5 =     as residuary, there being no children

                                      12

The difference between Shia and Sunni Laws of Inheritance in this case arises because under Sunni Law mother is given 1/3 of the estate after deducting the share of the widows. But under Shia Law she inherits 1/3 of the whole estate of the deceased.