Topic: Question Regarding Inheritance

nm-questions    -- 05-17-2003 @ 10:48 PM
  A question was received by email as follows:

My question is regarding INHERITANCE, insha-Allaah.

(1). A man from amongst us died some time ago, but did not divide his wealth according to the Laws of Inheritance as defined in the Qur'aan and Sunnah, May Allaah forgive him. Now the family of the deceased wish to correct the situation and give what is rightfully due to his heirs. His immediate family consisted of the following:

Wife (actually his 2nd wife, the first died about 16 years ago).
2 children (a daughter from the first wife, and a son from the second wife. I think that the son is still a minor).
3 brothers (1 still living).
2 sisters.
Both parents deceased.
Maternal/Paternal uncles/aunties all deceased (not 100% sure).

I know that the wife is entitled to 1/8 and the son:daughter ratio is 2:1,
but do any of his other family members receive a share in the above case.

(2). The above man also transferred all his wealth into his daughters name
just before marrying his 2nd wife, for reasons which are unclear. What is the ruling concerning this situation. Was it incorrect for him to have done this? Should this wealth also be included when allocating the shares.

Was-salaamu alaykum wa rahmatullaah.
If anyone can help this person in any way to arrive at the Sharee'ah rulings for the situation he described, please post here. Please no opinions or "methinks" and the likes. If you can help constructively in any way, fine.

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