Inheritance of two sons and one daughter
Fatwa No: 106630

Question

As Salaam Aalikum If a man leaves behind $90,000. Please divide this amount among two sons and one daughter.Please provide actual calculations Jazak Allah

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.

 

Whoever dies and leaves behind two sons and a daughter and had no other heir like a father, mother or wife, then his inheritance should be divided between his two sons and his daughter, the males twice the share of the female. Allaah Says (what means): {Allaah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females.}[Quran 4:11]

Therefore, the inheritance should be divided into five shares, each son gets two shares and the daughter gets one share. This means that each son gets 36,000 and the daughter gets 18,000.

It should be noted that the matter of inheritance is very complex an 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, or it should be presented orally (in person) to the scholars in case there are no Islamic courts. It might be that there is 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. Therefore, the inheritance should not be divided without resorting to an Islamic court, if any, in order to fulfil the interests of the dead and the live people.

Allaah Knows best.

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