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Fatwa CenterDivision of estate among husband, father and daughter
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 1 (A nephew from a full brother) Number 2 (A husband) - Does the deceased have female relatives who are entitled to inherit: (A daughter) Number 1
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.
If the deceased did not leave behind heirs other than those mentioned in the question, then the estate should be divided as follows:
The deceased's father gets one-sixth of the estate as a fixed share because the deceased has descendants entitled to inherit (the daughter). Allaah, The Exalted, says (what means): {...And for one's parents, to each one of them is a sixth of his estate if he left children...} [Quran 4:11]
The deceased's husband gets one-fourth of the estate as a fixed share because the deceased has descendants entitled to inherit (the daughter). Allaah, The Exalted, says (what means): {...But if they have a child, for you is one fourth of what they leave, after any bequest they (may have) made or debt...} [Quran 4:12]
The deceased's daughter gets half of the estate as a fixed share given the absence of a residuary heir at her level who would inherit with her as ʻasabah (agnate). Allaah, The Exalted, says (what means): {...And if there is only one, for her is half...} [Quran 4:11]
The remainder of the estate is given to the deceased's father by virtue of taʻseeb. The Prophet said, "Give the faraa'idh, (the shares prescribed in the Quran) to those who are entitled to receive it, and then whatever remains should be given to the closest male relative of the deceased." [Al-Bukhari and Muslim]
The deceased's full brother and two nephews (sons of the full brother) have no share in the inheritance because they are excluded by the existence of the father.
Hence, the estate should be divided into twelve shares. The daughter gets half of them (six shares), the husband gets one-fourth (three shares), and the father gets the three remaining shares both as a fixed share and as a residuary heir (agnate).
Allaah knows best.
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