Search In Fatwa

Division of inheritance among wife, four daughters, and eight siblings

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 3 (A nephew from a full brother) Number 6 (A cousin from a full paternal uncle) Number 35
- Does the deceased have female relatives who are entitled to inherit: (A daughter) Number 4 (A wife) Number 1 (A full sister) Number 5

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) 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 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]

The daughters get two thirds as their legal share, 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 will be divided amongst the brothers and sisters 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.

Therefore, the inheritance should be divided into 264 shares, the daughters get two thirds, 176 shares, so each daughter gets 44 shares. The wife gets one eighth, which is 33 shares; each full brother gets 10 shares; and each full sister gets 5 shares.

The sons of the brother and the cousins (sons of the paternal uncle) do not get anything from the inheritance because they are prevented by the existence of the full brothers.

Finally, it should be noted that the matter of inheritance is a very complex issue; therefore, the inheritance should not be divided without resorting to an Islamic court, if one is available, in order to fulfill the interests of both the dead and the living.

Allah knows best.

Related Fatwa