Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterInheritance of wife, 5 daughters, 2 full-brothers and one full-sister
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A full brother) Number 2 (A half brother (from his father)) Number 1 (A nephew from a full brother) Number 4 (A nephew from a half brother (from his father)) Number 4 (A cousin from a full paternal uncle) Number 1 (A cousin from a half paternal uncle) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 5 (A wife) Number 1 (A full sister) Number 1 - The will which the deceased left behind and that is related to his inheritance is : all money goes to my daughters
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His Slave and Messenger.
The deceased’s will in favor of his daughters is not to be executed except with the consent of the other rightful heirs, because it is a bequest in favor of a rightful heir. If the other heirs refuse to execute this will, then the estate is divided among them according to the Islamic Sharee'ah and the deceased’s daughters would get only their fixed share prescribed by the Sharee'ah. Please refer to Fatwa 26630.
However, if only some of the rightful heirs give their consent to the execution of the will, then the heirs who refuse to give their consent are given their shares in full and the will is executed only with regards to the shares of those who gave their consent.
We would like to point out that the deceased’s will is not considered Islamically acceptable and binding merely by the daughters’ statements (that their father had bequested such and such to them) or their mother’s testimony to such a will.
If the deceased did not leave any heirs except those mentioned in the question, then the wife gets one eighth of the estate as a fixed share because the deceased has children; Allaah, The Exalted, says (what means): {… But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt…}[Quran 4:12]
The two daughters get two thirds of the estate as a fixed share; Allaah, The Exalted, says about the share of the daughters (what means): {… But if there are [only] daughters, two or more, for them is two thirds of one's estate…}[Quran 4:11]
Then, the remainder of the estate is given to the deceased’s full-sister and two full-brothers by Ta‘seeb (i.e. by virtue of having a paternal relation with the deceased and not having an allotted share in the estate); the male gets double the share of the female. Allaah, The Exalted, says (what means): {...If there are both brothers and sisters, the male will have the share of two females…}[Quran 4:176] The rest of the heirs mentioned in the question do not get any share because they are totally excluded because of the deceased having full brother(s).
Therefore, the estate should be divided into one hundred and twenty shares; the wife gets one eighth which is fifteen shares, the daughters get two thirds which is eighty shares (sixteen shares for each), each full brother gets ten shares and the full sister gets five shares.
Allaah Knows best.
Search Fatwa
Fatwa Subject
