Share in the wealth according to islam
According to shariyat if a
man has 2 children , 1 son(elder) and 1 daughter(younger) and 1 wife
all legitimate how would the distribution of the entire wealth would
be? (Houses, shops, rents from houses and shops, land, cars etc) should
the man take the entire evaluation of the wealth and then make the
distribution or he can take individual assets do tell in detail both
the cases. How much is each individual entitled of getting the share
(in detail please).and in what percentage. All the wealth belongs to
the man (his hard and soul earned) and is not inherited from ancestors
Answer
If a person wishes to distribute his wealth
during his lifetime, he may do so. He could give any amount of his
wealth to his wife as an outright gift. The gifted item must be
completely separate and independent. For example, if you intend giving
the house as a gift to the wife, it must be with all the items of the
house. One cannot gift the house and not the items of the house as the
items of the house will be occupying the house. The same rule applies
with gifting the shop.
If a house or shop is given as an outright gift to the wife, then
she will be entitled to the rentals. If the house and shop are not
gifted, then you may give the rentals as a gift to your wife. As
regards gifting to your children – son and daughter – in your lifetime,
you should maintain equality between them. You should not give
preference to one over the other. That may lead to hatred and
animosity. You could make the two children owners of the house or one
shop as an outright gift. You could also give one a house and the other
a shop and if there is a difference in the value of one, compensate the
difference with another item. If you do not wish to give your
possessions in your lifetime, then your possessions will be divided
according to the Shari’ah laws of inheritance and succession upon and
after your demise. Your wife will inherit 1/8 of your total possessions
and the son will get 2 shares of the remainder. The daughter will
inherit one share of the remainder. If you have parents, they too will
inherit 1/6 each.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
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