Inheritance of parents, a son and a daughter

21-8-2010 | IslamWeb

Question:

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information ۞-Does the deceased have male relatives who are entitled to inherit: (A son) Number 1 (A father) ۞-Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) 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 heirs are only those mentioned in the question, and the deceased did not leave any other heir, then the mother gets one-sixth of the inheritance as her legal share due to the existence of the children of the deceased and the father also gets one-sixth as his legal share due to the existence of the children of the deceased. 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 remainder will be divided amongst the son and the daughter 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]

Therefore, the inheritance should be divided into 18 shares, the mother gets one-sixth, which is 3 shares, the father also gets one-sixth, which is 3 shares, and the son gets 8 shares and the daughter gets 4 shares.

Allaah Knows best.

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