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Fatwa CenterInheritance distribution
Question
If a Muslim man died leaving a Christian wife and 2 Christian daughters and two Muslim sisters and a Muslim son of a dead brother, how should his inheritance be divided?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
The inheritance of the deceased person should be divided as follows:
The two sisters get two-thirds: Allah Says (interpretation of meaning): "They ask you for a legal verdict. Say: "Allaah directs (thus) about AlKalâlah (those who leave neither descendants nor ascendants as heirs). If it is a man that dies, leaving a sister, but no child, she shall have half the inheritance. If (such a deceased was) a woman, who left no child, her brother takes her inheritance. If there are two sisters, they shall have two-thirds of the inheritance; if there are brothers and sisters, the male will have twice the share of the female. (Thus) does Allaah make clear to you (His Law) lest you go astray. And Allaah is the All-Knower of everything." (An-Nisa 4:176)
The rest of the wealth should be given to his nephew (son of his Muslim diseased brother).
Imam Al Bukhari and Muslim reported that Ibn Abbas narrated that the Prophet (sallalahu alayhi wa sallam) said:" Divide the inheritance among the heirs, and what remains of it is more appropriate to give to the male."
As regards the Christian wife and the Christian daughters, they have no inheritance as their religion is different from that of the deceased.
Imam Al Bukhari and Muslim reported that Osama Ibn Zayd, may Allah be pleased with him, narrated that the Prophet (
) said:" A Muslim Does not inherit a Kafir and a non-Muslim does not inherit a Muslim."
Allah knows best.
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