Distribution under general inheritance rules : inheritance of husband and wife

Fatawa Question

Salaam Alaykum, I have a question arising from the revocable living trust document you sent me. On page 60, Case number 5a where surviving heirs are only wife or husband, no other relatives. The share of the remainder is 1 / 4 to wife, or 1 / 2 to husband and the rest (3 / 4 or 1 / 2) goes to ISNA or charity. The question is if this is a Shari'ah position or if this was a personal preference. In other words, can the remainder of the estate go to the spouse or must it be distributed as above. If the answer to the above question is yes (i.e. wife or husband cannot inherit more than 1 / 4 or 1 / 2 in the case of no other relatives), then who is eligible for the remainder ? Any charity ? Any non-relative ? etc. I look forward to your response. Thank you.

Fatwa

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Publication Date

2007-03-27

Main Subjects

Economics & Business Administration
Islamic Studies

No. of Pages

2

Data Type

Fatawa

Language

English

Record ID

BIM-784675

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