What Is Done With Remaining Assets In Inheritance?
Question: When making a will, if someone does not have enough kin who can receive their inheritance, what should be done with the remaining money and assets?
For example, let’s say that a convert woman does not have any Muslim family members but has a husband who receives 1/2 of her inheritance (no children), what should be done with the remaining half of inheritance?
Wa ‘alaykum assalam wa rahmatullah wa barakatuh.
I pray you are well.
The Shari’a has provided avenues for the distribution of the remaining wealth after the initial heirs have taken possession of their shares. In some situations, the closest relatives take it; with a convert, those at whose hands the person accepted Islam receive it. If there is no one, the remainder goes to the state.
An example of the first scenario is when someone dies leaving a wife and one daughter. The wife would get 1/8, and the daughter half from her share. The remainder would go to the daughter as she is the closes direct heir. [Sabt al-Mardini, Sharh al-Rahabiyya]
It is best to consult with a reliable local scholar in such matters as there are many technicalities in this topic. At the very least, we know that Allah’s distribution is rooted in wisdom, which benefits entire societies.
May Allah bless you with the best of both worlds.
[Shaykh] Abdul-Rahim Reasat
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital and he was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.