Division of inheritance among wife, 3 daughters, and 4 full siblings Fatwa No: 353272
- Fatwa Date:28-12-2017
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 (A nephew from a full brother) Number 4 (A full paternal uncle) Number 1
- Does the deceased have female relatives who are entitled to inherit: (A daughter) Number 3 (A wife) Number 1 (A full sister) Number 2
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 deceased did not leave any other heirs except those mentioned, then his wife gets one eighth as her legal share due to the existence of direct heirs (children), as 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 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 should be divided amongst the two full-sisters and the two full-brothers 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, as Allah says (what means): {If there are both brothers and sisters, the male will have the share of two females...} [Quran 4:176]
The paternal uncle and the nephews (children 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 144 shares; the wife gets one eighth, which is 18 shares; the three daughters get two thirds, which is 96 shares, each one of them gets 32 shares; each full-brother gets 10 shares; and each full-sister gets 5 shares.
Allah knows best.