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As salaamu alaykum wa rahmatulaahi wa barakaatuh
Respected Hadhrat Mufti Saahib

May this mail find you and the family in the best of Imaan and health.

I have a bit of a complicated wiraathat masalah which i would request you issue a fatwa on.

The sister in question (Sarah) has no spouse and no children. Her parent have long since passed away. She had two haqiqi sisters – Zulaikha and Aisha. Zulaikha passed away last year – she also had no husband or children. Aisha is still alive and has two children – a son and a daughter.

Sarahs mother was married previous to her marriage to Sarahs father. She had four children – two sons and two daughters – Muhammed, Ismail, Zubeda and Fatimah. From these four only Fatimah is still alive and she has four sons. Muhammed had one son and one daughter. Zubeda also had children but not sure how many. Ismail had no off-spring.

Sarahs father was also married previously. He had three sons from this marriage – Ebrahim, Ismail and Ahmed. Ahmed is the only one who is still alive and has no off spring. Ebrahim had two sons and two daughters and Ismail had three sons and one daughter.

Thus Sarah has one haqiqi sister, one allaati brother and one akhyaafi sister who are still living. Please advise of the following:

  1. In the event that Sarah passes away, how will her estate be distributed.
    2. In the event that her haqiqi sister preceeds her, then how will the estate be distributed?
    3.in the event of her allaati brother preceeding her how will the estate be distributed?
    4.In the event of her akhyaafi sister preceeding her how will the estate be distributed?
    5. In the event that all three of them preceeding her how will the estate be distributed?

aajiz would appreciate your urgent attention to this istiftaa as Sarah wishes to draw up her will making provision for every eventuality.

Jazakumullah khair

Was salaam ma’al lkraam

andaleeb ahmad
Harare
Zimbabwe.

Answer:

  1. Divided into 6 shares:
  2. Sister – 3
  3. Allati Brother – 2
  4. Akhyafi Sister – 1
  5. Divided into 6 shares:
  6. Akhyafi Sister – 1
  7. Allati Brother – 5
  8. Divided into 30 shares:
  9. Sister – 15
  10. Akhyafi Sister – 5
  11. Allati Brother’s sons (5) – 2 each
  12. Divided into 2 shares:
  13. Sister – 1
  14. Allati Brother – 1
  15. Divided into 5 shares:
  16. Allati Brother’s sons (5) – 1 each

 

Darul Iftaa

Madrasah In’aamiyyah

Camperdown, South Africa

daruliftaa@alinaam.co.za

www.alinaam.co.za

 

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