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Fatwa CenterInheritance of parents, wife and siblings
Question
I am Muslim man have a mother, two sisters, father and wife not have children. Also I have one brother and one sister from the side of father how should my inheritance be divided. Shukran Abdirisak
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.
First of all, the questioner should not busy himself with the distribution of his estate while he is alive, because many things may happen contrary to what is expected. Perhaps some heirs may die before him or other heirs may be born.
In general, when a person dies leaving behind a wife, a father, a mother, brothers and sisters, without having any other heirs, the distribution will be as follows:
- The wife takes one fourth of the inheritance.
- The mother takes one sixth of the inheritanc because of the existence of the siblings of the deceased.
- The father takes the rest by right of ‘Asabah (i.e. the closet paternal relatives who are entitled to inherit the residue after those who have fixed share in the inheritance).
- The brothers and sisters do not inherit anything whether they are full siblings or half-siblings on the father’s side or half-siblings on the mother’s side. That is because they are excluded by the father.
So, the estate should be divided into twelve shares; the fourth (three shares) for the wife, the sixth (two shares) for the mother, and the remainder (seven shares) for the father.
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