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Fatwa CenterDivision of inheritance among one daughter 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 cousin from a full paternal uncle) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A full sister) Number 1 - The will which the deceased left behind and that is related to his inheritance is: 1/2 (half) share of property for son in law
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.
As for the bequest made in favor of the son in-law to receive half of the estate, it should be executed with regards to one-third of the estate only, and it should be deducted from the estate before dividing it among the heirs. However, if all the heirs entitled to inherit gave their consent to the execution of the bequest with regards to one half of the estate as made by the deceased, then there is no problem in that. Please refer to fatwa 2331 on that point.
If the deceased did not leave heirs entitled to inherit other than those mentioned in the question, then the daughter gets half of the estate as a fixed share (after fulfilling the will); Allaah, The Exalted, says (what means): {...And if there is only one, for her is half...} [Quran 4:11]
The remainder is given to the deceased's full-sister by taʻseeb (by virtue of having a paternal relation with the deceased and not having an allotted share); because the sisters (i.e. the full sisters and the half-sisters from the father) inherit with the daughters by taʻseeb.
As for the deceased’s full cousin, he is excluded from inheritance by the presence of a closer ʻasabah (paternal relative), i.e. the full sister with the daughter.
Finally, it should be noted that the matter of inheritance is a very complex and serious issue. It is not adequate to settle for a fatwa to be issued according to the information provided by the questioner. Instead, you should refer the case to the legitimate Islamic court for further investigation; other heirs may be only discovered by careful investigation and would be discovered in the process. Moreover, the deceased may have left a will or may have been liable to debts or other obligations and liabilities 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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