Inheritance of wife and one son
18-9-2010 | 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 half brother (from his father)) Number 1 ۞-Does the deceased have female relatives who are entitled to inherit : (A wife) Number 1 (A full sister) Number 1 ۞- Information about the deceased’s debts : (Debts to people)
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.
Before dividing the inheritance, the heirs should first of all pay the debts that the deceased owes because debts are given priority over the rights of the heirs in the inheritance as Allaah Says in the verses about inheritance (what means): {…after any bequest they [may have] made or debt.}[Quran 4:12] After paying the debts, they should divide what remains of the inheritance between them.
If the deceased did not leave any other heir except those mentioned in the question, then the wife gets one-eighth of the inheritance as her legal share due to the existence of the child of the deceased; Allaah Says (what means): {But if you leave a child, then for them [i.e. the wives] is an eighth of what you leave, after any bequest you [may have] made or debt.}[Quran 4:12]
The remainder should be given to the son by Ta’seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so he gets what is left after the allotted shares have been distributed) as the Prophet said: “Give the prescribed share of inheritance to those who are liable for it and the remainder [of it] is for the nearest male blood relative." [Al-Bukhari and Muslim]
However, the brother from the father’s side and the full sister do not get anything from the inheritance as they are prevented by the existence of the child of the deceased.
Therefore, the inheritance should be divided into 8 shares, the wife gets one-eighth, which is 1 shares, the son gets the rest.
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 fulfill the interests of the dead and the live people.
Allaah Knows best.