Fatwa No : 85231
Distribution of Inheritance Among Parents, Husband, and Daughter

Distribution of Inheritance Among Parents, Husband, and Daughter

What do the honorable scholars say regarding the following issue: My wife has passed away, and her surviving heirs include one daughter (Noor Fatima), her husband (Kamran), and her parents. The question is: how should the deceased’s estate be distributed among these heirs according to the Qur’an and Sunnah? Please provide guidance. Jazakum Allahu Khayran!
Note: The in-laws are claiming that whatever items were given as dowry belong to them and should be returned.

الجوابُ حامِدا ًو مُصلیِّا ً

It should be known that whatever dowry or belongings the deceased wife received from her parents belonged solely to her. After her death, this property—like the rest of her estate—must be distributed among all her legal heirs. Therefore, the in-laws’ claim that the dowry items belong to them is incorrect, and they are required to withdraw such a claim.
Furthermore, it should be understood that the estate of the deceased wife shall be distributed according to the principles of Islamic inheritance. All movable and immovable property, gold, silver, jewelry, cash, and household items owned by the deceased at the time of her death constitute her estate. The average funeral expenses are the responsibility of the husband. If the husband has already paid them, or if someone else has done so voluntarily as an act of kindness, those expenses will not be deducted from the estate. After this, if any debts are due upon the deceased, they must first be paid. Then, if she has made any valid will, it shall be executed from up to one-third (⅓) of the remaining estate. After fulfilling these obligations, the remaining estate shall be divided into thirteen (13) shares as follows: The husband will receive 3 shares, The daughter will receive 6 shares, The mother will receive 2 shares, and The father will receive 2 shares.