Dividing inheritance among a full-sister and three daughters
Fatwa No: 265843

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 paternal uncle) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 3 (A granddaughter (from the son)) 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 is His slave and Messenger.

If the heirs are only those mentioned in the question, and the deceased did not leave any other heir, then the three daughters get two-thirds as their legal share as Allaah says (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 will be given to the full-sister by Ta‘seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so she gets what is left after the allotted shares have been distributed). Sisters inherit by Ta‘seeb if the deceased has only daughters.

Therefore, the inheritance should be divided into 9 shares; the daughters get 6 shares (2 shares each), and the remainder (3 shares) will be given to the full-sister by Ta‘seeb.

The granddaughter (the son's daughter) does not get anything from the inheritance because the daughters took the two-thirds; Ar-Ruhaybaani from the Hanabali School of jurisprudence, said in Mataalib Uli An-Nuha: “If the daughters take the entire two-thirds, then the daughters of the son do not take anything from the inheritance according to the consensus of the scholars.”

Also, the uncle does not inherit because of the existence of an inheritor who is more entitled to the inheritance than him, who is the full-sister with the daughters.

Finally, it should be noted that the matter of inheritance is a very complex issue, so a mere Fatwa which is an answer issued according to the question is not enough. Rather, the matter should be taken to an Islamic court to look into the case and investigate, as there might be an heir who would not be known except after investigation, and there might also be a will, debts, or other dues that are not known to the heirs. It is known that these rights come in priority over the right of the heirs in the inheritance. Therefore, the inheritance should not be divided without referring to an Islamic court, if any, in order to fulfill the interests of both the dead and the living.

Allaah Knows best.

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