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Fatwa CenterDivision of inheritance among husband, parents, 4 sons and 4 daughters
Question
Assalaamu alaykum. Please calculate the inheritance according to the following information: - Does the deceased have male relatives who are entitled to inherit: (A son) Number 4 (A father) (A husband) - Does the deceased have female relatives who are entitled to inherit: (A mother [of the deceased]) (A daughter) Number 4
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 her estate should be divided among the heirs as follows:
The deceased's father gets one-sixth of the estate as a fixed share, and so does her mother, because of the existence of direct heirs (children); Allaah says (what means): {And for one's parents, to each one of them is a sixth of his estate if he left children.} [Quran 4:11]
The deceased's husband gets one-fourth of the estate as a fixed share due to the existence of direct heirs (children); Allaah, The Exalted, says (what means): {But if they have a child, for you is one-fourth of what they leave, after any bequest they (may have) made or debt.} [Quran 4:12]
The remainder of the estate after giving the prescribed share to those who are entitled to it (i.e. the father, mother, and husband) shall be divided among the deceased's children 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 twice the share of the female as 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]
Hence, the estate should be divided into 144 shares; the father gets one-sixth (24 shares); the mother also gets one-sixth (24 shares); the husband gets one-fourth (36 shares); and the remaining 60 shares should be divided among the children: each son gets 10 shares, and each daughter gets 5 shares.
Allaah knows best.
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