Inheritance of a wife, four sons and three daughters

22-6-2010 | IslamWeb

Question:

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information
۞-Does the deceased have male relatives who are entitled to inherit :
(ASon) Number 4
(Ason Ason) Number 4
۞-Does the deceased have female relatives who are entitled to inherit :
(A daughter) Number 3
(A Granddaughter (from the son)) Number 2
(wife) Number 1

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 ( may  Allaah exalt his mention ) is His slave and Messenger.

 

If the deceased has no other heirs except those who are mentioned in the question, then the legal share of the wife is one-eighth because of the existence of the children (who are the direct heirs); Allaah Says (what means): {And for them [i.e. the wives] is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave.}[Quran 4:12]

The children of the deceased inherit the remainder; 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]

Therefore, the money should be divided into 88 shares; the wife gets one-eighth, which is 11 shares, and each male gets 14 shares, and each girl gets 7 shares.

As regards the grandchildren, they have no share in the inheritance because the existence of the children of the deceased prevents the grandchildren from inheritance as the children are directly related to the deceased [and so they come in priority over them].

It should be noted that the matter of inheritance is very complex an issue, so a mere Fatwa which is an answer issued according to the question is not enough. Rather, the matter should be taken to an Islamic court to look into the case, or it should be presented orally (in person) to the scholars in case there are no Islamic courts. It might be that there is an heir who would not be known except after investigation, and there might also be a will, debts, or other dues that are not known to the heirs. It is known that these rights come in priority over the right of the heirs. Therefore, the inheritance should not be divided without resorting to an Islamic court, if any, in order to fulfil the interests of the dead and the live people.  

Allaah Knows best.

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