Question
A couple has a daughter and also brothers and sisters. I wanted to know how the property would be distributed among the potential heirs in case any or both of them die. What is the share of the step-brothers and step-sisters, if any?
Answer
It should be appreciated that brothers, sisters, stepbrothers and stepsisters are not entitled to any share of the inheritance when children and parents of the deceased are alive. In case of death of any of the couple, the property will be disbursed according to the following order:
i. any liability of the deceased and any will he has left will be discharged first;
ii. shares of the parents and the spouse of the deceased will be paid from the remaining amount according to the shares stipulated by the Shari‘ah,
iii. one half of the remaining property will go to the daughter,
iv. the remaining portion of the property will go to the nearest male relative.
The only difference that occurs when both die is that that there would be no spouse to receive the share and the property will be distributed starting from the parents down to the point (iv.) as explained above. Please note that the above division has been done on the basis of the research work of Mr. Javed Ahmed Ghamidi, a contemporary Muslim scholar.
Answered by: Tariq Mahmood Hashmi
Date: 2015-03-10
