Wife, Three daughters and s Consanguine Brother

Question: Haaji Ahmad is survived by a wife, three daughters and a consanguine brother. His real brother went to Pakistan five years ago but it is unknown whether he is even alive or not. How will the estate be distributed?

Answer: After settling all debts and expenses as determined by the Shari'ah, the estate will be divided into 72 shares and distributed as follows:

Heir????????????????????????????? Share

Wife???????????????????????????????? 9

Daughter?????????????????????????? 16

Daughter?????????????????????????? 16

Daughter?????????????????????????? 16

Brother???????????????????????????? 15

Consanguine Brother???????????????? 0


The brother's share should be placed in trust for him and handed over to him if he appears. However, if it is certain that he predeceased Haaji Ahmad, the estate will be divided into 72 shares and distributed as follows:

Heir ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?? Share

Wife????????????????????????????????? 9

Daughter???????????????????????????? 16

Daughter???????????????????????????? 16

Daughter???????????????????????????? 16

Consanguine Brother???????????????? 15


And Allaah knows best what is most correct.

Fatawa Rahimiyyah vol.3