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Fatwa CenterDied leaving father, mother, 2 wives and 9 siblings
Question
Assalaamu alaykum; Please calculate the inheritance according to the following information: -Does the deceased have male relatives who are entitled to inherit: (A father) (A full brother) Number 3 -Does the deceased have female relatives who are entitled to inherit: (A mother) (A wife) Number 2 (A full sister) Number 6 - Additional information: The total amount that is to be distributed is Pak Rs. 35,000,000. Please also explain the used formula.
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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If the deceased did not leave any heirs entitled to inherit other than those mentioned in the question, then the deceased’s two wives are entitled to one-fourth of the estate as a fixed share to be divided equally among them because the deceased has no children. Allaah, The Exalted, says (what means): {...And for the wives is one fourth if you leave no child...} [Quran 4:12]
The deceased’s mother is entitled to one-third of the estate after deducting the fixed share of the two wives because the deceased has no children. Allaah, The Exalted, says (what means): {...But if he had no children and his parents inherit from him, then for his mother is one third...} [Quran 4:11]
The deceased’s father is entitled to the remainder of the estate by virtue of ta‘seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so he gets what is left after the allotted shares have been distributed). In this case, he gets two-thirds of the estate after deducting the fixed share of the two wives.
As for the deceased’s brothers and sisters, they are totally excluded from the inheritance (they do not have a share) because of the presence of the deceased’s father.
If the deceased’s estate is 35,000,000 Pak Rs., then it should be distributed as follows:
1) Each wife gets 4,375,000 Pak Rs.
2) The father gets 17,500,000 Pak Rs.
3) The mother gets 8,750,000 Pak Rs.
Lastly, it should be noted that the division of the inheritance is a serious and complex issue. It is not enough to settle for a fatwa to be issued according to the information given by the questioner. Instead, you should refer the case to a legitimate Islamic court for further investigation. Perhaps there are other heirs who would be discovered after careful investigation. Moreover, the deceased may have left a will or may have been liable to debts or other obligations of which the heirs are not aware. It is well-known that the settlement of debts and other liabilities are given precedence over the heirs' right to their shares in the estate. Therefore, you should not distribute the estate without referring the case to an Islamic court, if any exists, in order to secure the interests of the living and the dead alike.
Allaah Knows best.
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