Division of inheritance between the deceased's husband and full-sister Fatwa No: 315547
- Fatwa Date:27-2-2016
Assalaamu alaykum. Please calculate the inheritance according to the following information: - Does the deceased have male relatives who are entitled to inherit: (A husband) - Does the deceased have female relatives who are entitled to inherit: (A full sister) Number 1
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 left behind no other heirs other than those mentioned in the question, then the deceased's sister gets half of the estate as a fixed share. Allaah, The Exalted, says (what means): {... If a person dies, leaving no child but (only) a sister, she will have half of what he left...} [Quran 4:176]
The deceased's husband gets one-half as a fixed share because the deceased has no children. Allaah, The Exalted, says (what means): {And for you is half of what your wives leave if they have no child...} [Quran 4:12]
It should be noted that the division of inheritance is a serious and complex matter. It is not adequate to settle for a fatwa issued based on the information provided by the questioner. Instead, you should refer the case to an Islamic court for investigation. There may be other heirs who might not be discovered without careful investigation. Moreover, the deceased may have left a will or been liable to debts or other obligations and liabilities which the heirs are not aware of. It is well-known that the settlement of debts and other liabilities is given precedence to the heirs' rights to their shares of the estate. Therefore, you should not divide the estate without referring the case to an Islamic court, if any exists, in order to secure the interests of both the living and the dead.
Allaah knows best.