What it looks like to divide an estate under an Islamic Will (الوصية الإسلامية) (تقسيم التركة شرعا) – Part 2
Continuing from my previous examples, here are a few more examples of potential family arrangements and what the estate split would look like.
|2 sons||4/9||Sons and daughters split the remainder 2:1|
|2 daughters||2/9||Sons and daughters split the remainder 2:1|
|1 father||1/6||Father gets prescribed 1/6|
|1 mother||1/6||Mother get prescribed 1/6|
|1 son||7/8||Son receives remainder|
|1 wife||1/8||Wife gets prescribed 1/8|
|Mother||1/6||Mother get prescribed 1/6|
|Husband||1/8||Husband gets prescribed 1/4|
|3 sons||1/6||Sons and daughters split the remainder 2:1|
|1 daughter||1/12||Sons and daughters split the remainder 2:1|
|1 paternal grandmother||Nil||Blocked|
To restate what I have mentioned before: As you can see, even when it is broken down like this it can still be quite complicated. It is necessary to keep in mind that residual inheritance favours the line of descent through the father’s side (agnation). In the end, all proportions are balanced in a way that the entire estate is divided as it should be.
Every family is different and therefore would have different needs when it comes to their estate. That is why it is important to address each family separately and make sure that the Islamic Will created matches their specific circumstances.
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All information contained in this article is for general purposes only and correct as at the time of publication. You should only rely on information and advice that is specific to your situation and current at the time you wish to rely on it.