Inheritance of 4 daughters, one full brother and 2 full sisters

6-5-2014 | 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 full brother) Number 1 (A nephew from a full brother) Number 1 (A full paternal uncle) Number 1 (A cousin from a full paternal uncle) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 4 (A full sister) Number 2

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 has no heirs other than those mentioned in the question, then the four daughters get two thirds of the estate as a fixed share, equally divided among them. Allaah, The Exalted, says about the inheritance 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]

The remainder of the estate is to be divided among the full brother and the two full sisters by virtue of 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 deceased's relatives do not get any share because they are totally excluded by the presence of the full brother.

Hence, the estate should be divided into 12 shares; the daughters get the two thirds (8 shares, each gets 2 shares), the full brother gets 2 shares, and each full sister gets 1 share.

Allaah Knows best.

www.islamweb.net