🌍 Children, inheritance & global · #5

What must be settled first before the deceased's estate is divided by faraid?

The deceased's estate cannot be divided straight away; there is an order that must be followed. First, the reasonable costs of the funeral. Second, debts of the deceased, including debts to Allah such as unpaid zakat, and debts to people such as loans, credit cards or the wife's unpaid mahr (dower). Third, bequests to non-heirs, not exceeding 1/3 of the remaining estate. Fourth, the rest of the estate is divided by faraid among the heirs. Before that, the wife's personal property and any claim for harta sepencarian must be separated out, as they are not part of the husband's estate. The Qur'an repeatedly states that division takes place "after any bequest made or debt".

Sources

Surah an-Nisa' 4:11Surah an-Nisa' 4:12

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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