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Question: A couple has a daughter
and also brothers and sisters. I wanted to know how the property would
be distributed among the potential heirs in case any or both of them die.
What is the share of the step-brothers and step-sisters, if any?
Answer: It should be appreciated
that brothers, sisters, stepbrothers and stepsisters are not entitled to
any share of the inheritance when children and parents of the deceased
are alive. In case of death of any of the couple, the property will be
disbursed according to the following order:
i. any liability of the deceased and any will
he has left will be discharged first;
ii. shares of the parents and the spouse of the deceased
will be paid from the remaining amount according to the shares stipulated
by the Shari‘ah,
iii. one half of the remaining property will go to the
daughter,
iv. the remaining portion of the property will go to
the nearest male relative.
The only difference that occurs when both
die is that that there would be no spouse to receive the share and the
property will be distributed starting from the parents down to the point
(iv.) as explained above. Please note that the above division has been
done on the basis of the research work of Mr. Javed Ahmed Ghamidi, a contemporary
Muslim scholar.
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