[2017] KEKC 13 (KLR)
The court determined that the estate of the deceased, Gayole Abdallah Hiribae, should be distributed strictly in accordance with Islamic law (Sharia) as set out in the Qur'an. The widow is entitled to one eighth of the estate, the mother to one sixth, and the son to twice the share of the daughter. The court found...
Source-derived case information.
- Citation
- [2017] KEKC 13 (KLR)
- Parties
- Applicant: Salima Hajibo Mwarabu; Respondent: Public Trustee
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 45 of 2017
- Procedural Posture
- Succession Cause / Ruling
- Outcome
- Petition allowed; estate to be distributed to heirs as per Islamic law.
- Legal Topics
- Muslim Succession, Distribution of Estate, Islamic Inheritance Shares
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salima Hajibo Mwarabu
Applicant
Public Trustee
Respondent
Procedural Posture
Succession Cause / Ruling
Legal Issues
- 1 Who are the rightful heirs to the estate of Gayole Abdallah Hiribae under Islamic law.
- 2 What are the correct shares of the estate to be distributed to each heir according to Sharia.
Ratio Decidendi
The court determined that the estate of the deceased, Gayole Abdallah Hiribae, should be distributed strictly in accordance with Islamic law (Sharia) as set out in the Qur'an. The widow is entitled to one eighth of the estate, the mother to one sixth, and the son to twice the share of the daughter. The court found no evidence of debts or other claims against the estate, and no objections were raised to the petition. The shares were calculated and allocated accordingly, and the Public Trustee was directed to distribute the estate to the identified heirs in the specified proportions.
Court Disposition
Petition allowed; estate to be distributed to heirs as per Islamic law.
Orders
- The Public Trustee shall distribute the estate of Gayole Abdallah Hiribae to the following heirs in the specified shares: Fatuma Said (mother) one sixth (KES 11,794.48); Salima Hajibo Mwarabu (widow) one eighth (KES 8,845.86); Fatuma Dara Gayoye (daughter) KES 16,708.84; Said Hiribae Gayoye (son) KES 33,417.68.
- Right of appeal within thirty days.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE KADHI’S COURT AT GARSEN
SUCCESSION CASE NO. 45 OF 2017
IN THE MATTER OF ESTATE GAYOLE ABDALLAH HIRIBAE’S ESTATE (DECEASED)
PETITIONER……..….………………………..…SALIMA HAJIBO MWARABU
RULING
In this succession matter dated 29th AUGUST, 2017 the petitioner prayed for the determination of heirs of the deceased. The estate of the deceased is under the administration of the Public trustee. The petitioner claimed that, the late Gayole Abdala Hiribae left behind a widow , two children and mother. The petition is not contested.
Ordinarily, the estate of a Muslim deceased should be strictly spent in the following sequence: burial expenses should not be extravagant, paying his debts upon proofing and be distributed among the heirs in accordance to Islamic Sharia. In this matter, we were not told of any other right attached to the estate.
under Islamic law, the widow is entitled to one eighth (1/8) share if the deceased left a child. Under QUR'AN 4/12: (But if you have a child, then they shall have an eighth of that which you leave.)
The mother is entitled to one sixhth (1/6) share if the deceased left a child. Under QUR'AN 4/12: (For parents, a sixth share of the inheritance to each,)
Each son is entitled to twice the share of the daughter under Qur'an: 11-12 (Allah enjoins you concerning your children: for the male is the equal of the portion of two females).
The legal heirs and mode of distribution of the estate of Gayole Abdallah Hiribae are:
Legal heirs relative share
1- FATUMA SAID (Deceased’s mother) sixth (11,794. 48)
2- SALIMA HAJIBO MWARABU (Widow) an eighth (8,845. 86)
3- FATUMA DARA GAYOYE (Daughter) (16,708. 84)
4- SAID HIRIBAE GAYOYE (Son) twice of daughter (33,417. 68)
The public trustee to issue the deceased’s estate to the petitioners'
Orders accordingly.
R/ A thirty days.
Read and delivered this 29th day of AUGUST 2017 in the presence
MURSAL M SIZI KADHI II- GARSEN
C/A – GURACHO ABDI YUSSUF
Petitioner