Wants to make sure his inheritance will be given to his daughters after his death
9-8-2009 | IslamWeb
Question:
slaam alaikum brother! i urgently need your help, on issue of inheritance my first wife passed way i got 4 daughter from her, they all married and i got second wife who has no children me and my second wife got only one house which me and her bought with equal share. i want my house should be distributed between my 4 daughters after my and my wife's death. but as after me she will get possession of the whole house, i am afraid that my wife might give it to her 2 brother and 2 sister so could you tell me the sharia law about this house who it should go to? and how? please help me with this i really appreciate your time and help jazakaallah khair
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Before answering this question, we would like to explain to you how this house should be distributed according to Sharee‘ah in case of your death before your wife or your wife’s death before you.
Upon your death, your wife deserves one eighth of your estate, and thus she will get nine parts out of sixteen parts of the house (because she owns half the house and inherits one eighth of your state). Your daughters deserve two thirds of your estate, and thus they will get one third of the house. The rest of the house will be the share of your ‘Asabah (the closest paternal relatives) such as your father, grandfather, brother, sister, or uncle, if you have any. If you do not have ‘Asabah, then the rest of the estate will be assigned to your daughters, whose total share will thus be seven parts out of sixteen parts of the house.
Upon your wife’s death, if there are no heirs other than her brothers, such as her father, mother, grandfather, or grandmother, then the estate of your wife (including her inheritance from you) will be distributed among her two brothers and two sisters, provided that a male’s share will be twice the share of the female.
On the other hand, if your wife dies when you are still alive, then you deserve one half of her estate, and thus you will get three quarters of the house (because you own half the house and inherit half of her estate), which will be divided after your death to your daughters if no one other than them will inherit from you.
However, if the law of the country where you live assigns the ownership of the house to your wife after your death, then this law is contrary to the Sharee‘ah. You can avoid this law by giving your daughters a gift of an amount equal to their share of inheritance of the house during your life. Alternatively, you may leave them such an amount in a will if transferring the house by gift or will is possible under that law.
Allaah Knows best.