Fatwa

  1. Fatwa
  2. Fiqh of Transactions and Inheritance
  3. Fiqh of Inheritance
  4. Calculation of inheritance

Inheritance of Wife, Daughters, Full-Brother and Full-Sister
Fatwa No: 376903

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 2 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 4 (A wife) Number 1 (A full sister) Number 1

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, 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 his wife gets one-eighth as her legal share due to the existence of the children (direct heirs); Allah Says (what means): {But if you leave a child, then for them [i.e. the wives] is an eighth of what you leave, after any bequest you [may have] made or debt.} [Quran 4:12]

His four daughters get two-thirds as their legal share which they must divide equally amongst themselves, as Allah Says about the existence of a number of 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 inheritance will be divided amongst the full-brother and the full-sister 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 Allah Says (what means): {If there are both brothers and sisters, the male will have the share of two females.} [Quran 4:176]

However, the sons of the full-brother do not get anything from the inheritance because they are prevented by the existence of the full-brother.

Therefore, the inheritance should be divided into 72 shares; the wife of the deceased gets one-eight, which is 9 shares; his daughters get two-thirds, which is 48 shares, each one of them gets 12 shares; the full-brother gets 10 shares; and the full-sister gets 5 shares.

Allah knows best.

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