Division of estate among husband, parents and 3 daughters
Fatwa No: 330703

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 2 (A nephew from a full brother) Number 2 (A full paternal uncle) Number 3 (A cousin from a full paternal uncle) Number 20 (A husband) - Does the deceased have female relatives who are entitled to inherit: (A mother [of the deceased]) (A daughter) Number 3 (A full sister) Number 3

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 any heirs other than those mentioned in the question, then the estate should be divided as follows:

The deceased's daughters get two-thirds of the estate as a fixed share; Allaah, The Exalted, 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 deceased's husband gets one-fourth of the estate as a fixed share because the deceased has descendants entitled to inherit (the daughters). 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 mother gets one-sixth of the estate and the father gets one-sixth as fixed shares because the deceased left behind descendants entitled to inherit (the daughters). 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]

Hence, the estate should be divided into forty-five shares. Each daughter gets eight shares, the husband gets nine shares, the father gets six shares, and the mother gets six shares.

As for the deceased's other relatives, they are not entitled to inherit in this case.

Lastly, it should be noted that the division of inheritance is a serious and complex matter. Therefore, you should not divide the estate without referring the case to an Islamic court, if any is available, in order to secure the interests of both the living and the dead.

Allaah knows best.

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