Division of inheritance among a husband, a father, 2 sons and one daughter

15-3-2014 | IslamWeb

Question:

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A son) Number 2 (A father) (A full brother) Number 1 (A full paternal uncle) Number 3 (A Husband) -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A full sister) 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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If the deceased did not leave behind any heirs besides those mentioned in the question, then her father gets one-sixth as his legal share due to the existence of children of the deceased as Allaah 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]

Her husband gets one-fourth as his legal share due to the existence of the children; Allaah 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 remainder should be divided amongst her two sons and her daughter by Ta’seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so they get what is left after the allotted shares have been distributed); the male twice the share of the female as Allaah says (what means): {Allaah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females.}[Quran 4:11]

The full-sister, the full-brother and her uncles do not get anything from the inheritance because they are prevented by the existence of the sons and the existence of the father of the deceased.

Therefore, the inheritance should be divided into 60 shares: the father of the deceased gets one-sixth, which is 10 shares; her husband gets one-fourth, which is 15 shares; each son gets 14 shares; and her daughter gets 7 shares.

Allaah Knows best.

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