[2017] KEKC 12 (KLR)
The court applied the principles of Islamic succession law, specifically the Qur'anic injunctions regarding inheritance. The widow is entitled to one eighth of the estate as the deceased left children. The remainder is to be distributed among the children, with each son receiving twice the share of the daughter. The...
Source-derived case information.
- Citation
- [2017] KEKC 12 (KLR)
- Parties
- Applicant: Ahmed Rashid Bosh; Applicant: Amina Sirat Santur; Respondent: Public Trustee
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 52 of 2017
- Procedural Posture
- Succession Cause / Ruling on Determination of Heirs and Distribution of Estate
- Outcome
- Heirs and shares determined; estate to be distributed 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
Ahmed Rashid Bosh
Applicant
Amina Sirat Santur
Applicant
Public Trustee
Respondent
Procedural Posture
Succession Cause / Ruling on Determination of Heirs and Distribution of Estate
Legal Issues
- 1 Who are the rightful heirs of the deceased Yusuf Rashid Bosh under Islamic law.
- 2 What are the correct shares of each heir in accordance with Islamic Sharia.
Ratio Decidendi
The court applied the principles of Islamic succession law, specifically the Qur'anic injunctions regarding inheritance. The widow is entitled to one eighth of the estate as the deceased left children. The remainder is to be distributed among the children, with each son receiving twice the share of the daughter. The court found no evidence of debts or other claims against the estate, and thus ordered the distribution strictly in accordance with these principles. The Public Trustee is directed to distribute the estate accordingly.
Court Disposition
Heirs and shares determined; estate to be distributed as per Islamic law.
Orders
- The widow, Amina Sirat Santur, is entitled to one eighth (1/8) of the estate.
- The sons, Hassan Yusuf Bosh and Suleiman Yusuf Bosh, are each entitled to twice the share of the daughter.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE KADHI’S COURT AT GARSEN
SUCCESSION CASE NO. 52 OF 2017
IN THE MATTER OF ESTATE OF YUSUF RASHID BOSHESTATE (DECEASED)
AHMED RASHID BOSH......................................1st PETITIONER
AMINA SIRAT SANTUR....................................2nd PETITIONER
RULING
In this succession matter dated 11th SEPTEMBER, 2017 the petitioners 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 Yusuf Rashid Bosh left behind a widow and three children. 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 with 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.)
Each son is entitled to twice the share of the daughter afte deduction of the widow’s share 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 Yusuf Rashid Bocha are:
Legal heirs relative share
1- Amina Sirat Santur (Widow) an eighth (1/8)
2- Hassan Yusuf Bosh (Son) twice of daughter
3- Suleiman Yusuf Bosh (Son) twice of daughter
4- Khadija Yusuf Bosh (Doughter) half share of son
The public trustee to issue the deceased’s estate to the petitioners'
Orders accordingly.
R/ A thirty days.
Read and delivered this 11th day of september 2017 in the presence
MURSAL M SIZI KADHI II- GARSEN
C/A – GURACHO ABDI YUSSUF
Petitioner