Division of inheritance among 3 daughters and 3 full sisters

4-12-2015 | IslamWeb

Question:

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 3 (A full sister) Number 3 (A half sister (from the father)) Number 5

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 left no other heirs entitled to inherit besides those mentioned in the question, then the deceased's daughters get two thirds of the estate as a fixed share. Allaah The Exalted says (what means): {But if there are (only) daughters, two or more, for them is two thirds of one's estate.} [Quran 4:11]

The remainder of the estate is to be divided equally among the full sisters by virtue of Taʻseeb (i.e. 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 (full) sisters are entitled to the remainder of the inheritance after the share of the daughters by virtue of Taʻseeb. Ibn ʻAasim underlined in his poem Tuhfat Al-Hukkaam that the deceased's full sisters are entitled to the rest of the estate by virtue of Taʻseeb if the deceased has one or more daughters.

Therefore, the estate should be divided into 27 shares. The daughters get two thirds (18 shares), each 6 shares, and each full sister gets 3 shares.

The half-sisters from the father's side do not inherit due to the presence of the deceased's full sisters.

It should be noted that the division of inheritance is a serious and complex matter. It does not suffice to settle for a Fatwa, which is formed based on the information provided by the questioner. Instead, you should refer the case to a legitimate Islamic court for investigation. There may be other heirs who will not be discovered without careful investigation. Moreover, the deceased may have left a will or been liable to debts or other obligations and liabilities which the heirs are not aware of. It is well-known that the settlement of debts and other liabilities are given precedence to the heirs' rights to their shares of the estate. Therefore, you should not divide the estate without referring the case to an Islamic court, if any exists, in order to secure the interests of both the living and the dead.

Allaah Knows best.

www.islamweb.net