Question
My father had two wives. My mother (elder wife) passed away before him, and I am her only son. My father passed away later, and his younger wife is still alive. How will my father’s property be divided among his younger wife, myself, and the share of the elder wife?
Answer
Under Islamic inheritance law (Shariah), the division of your father’s property will be determined after deducting any debts, funeral expenses, and any valid bequests (up to one-third of the estate). Here’s how the property is divided:
- Share of the Wives:
- Since your father had two wives, their combined share is one-eighth (12.5%) of the estate because he left descendants (you).
- The younger wife will receive half of this one-eighth share, which is 6.25% of the total estate.
- The elder wife (your mother) is not entitled to a share as she passed away before your father and was no longer an heir at the time of his death.
- Share of the Son (You):
- The remaining portion, after the wife’s share, will go to you as the sole son.
- Since there are no other children or direct heirs, you will inherit 87.5% of the total estate.
- Key Points to Consider:
- If your father had other heirs, such as siblings or parents, they could have shares depending on their relationship.
- Any properties or gifts distributed during your father’s lifetime are not part of the inheritance unless specified otherwise.
Example Calculation (if the total estate is 100 units):
- Younger wife: 12.5% × 0.5 = 6.25 units
- You (son): Remaining = 93.75 units