Question: I want to write a will, how would my inheritance be divided as I have 1 son, both my parents, my wife, 2 brothers and 2 sisters?
Answer: Firstly your inheritance should be used to pay for a reasonable funeral for you, something that wouldn’t be considered extravagant or cheap according to the local custom.
Thereafter any debts you had should be paid and if you bequeathed something to non-heirs then up to ⅓ of the inheritance can be used to fulfil your bequest. The rest would now be divided amongst your heirs.
Your brothers and sisters wouldn’t receive anything as the presence of a father or a son would exclude them. Therefore the inheritance would now be divided as follows;
1) Your wife 12.5% or 1/8
2) Your son 54.17% or 13/24
3) Your Mum 16.67% or 1/6
4) Your Dad 16.67% or 1/6
(Fatawa Alamgiri, Al-Sirajiyyah fi al-Fara’id)
This is the islamic perspective, you should also make sure to have your will drafted by a solicitor, so that it’s legally binding.
Answered by Mawlana Muhammad Moqaddam
Approved By Mufti Muhammad Saeed Ahmad Mujaddidi (Darul Ifta ‘Ilmiyyah)