Dies leaving 2 daughters, 2 full-brothers and 1 full sister
Fatwa No: 262558

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 2 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 2 (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 two daughters get two-thirds as their legal share as it is confirmed that the Prophet allocated two-thirds for the two daughters of Sa‘d ibn Ar-Rabee‘ from his [Sa‘d’s] inheritance. For more information, please refer to Fatwa 125596.

The remainder will be divided among the two brothers and the 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 gets twice the share of the female.

Therefore, the inheritance should be divided into 15 shares: the two daughters get two-thirds, which is 10 shares, and each one of them gets 5 shares; and each full-brother gets 2 shares and the full-sister gets 1 share.

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 it, as 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 take priority to the right of the heirs in the inheritance. Therefore, the inheritance should not be divided without resorting to an Islamic court, if any, in order to fulfill the interests of both the living and the dead.

Allaah Knows best.

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