Division of inheritance among husband, mother, 3 brothers and 1 sister

14-12-2015 | 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 full brother) Number 3 (A husband) - Does the deceased have female relatives who are entitled to inherit: (A mother [of the deceased]) (A full sister) Number 1

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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.

If there are no eligible heirs other than those mentioned in the question, then the estate should be distributed as follows:

The husband gets half of the estate as a fixed share because the deceased has no descendants entitled to inherit. Allaah, The Exalted, says (what means): {And for you is half of what your wives leave if they have no child...} [Quran 4:12]

Her mother gets one sixth of the estate as a fixed share because the deceased has siblings; Allaah, The Exalted, says (what means): {...And if he had brothers (or sisters), for his mother is a sixth...} [Quran 4:11]

The remainder of the estate should be divided among the deceased’s siblings; the male gets double the share of the female. Allaah, The Exalted, says (what means): {...If there are both brothers and sisters, the male will have the share of two females...} [Quran 4:176]

Hence, the estate should be divided into forty-two shares; the husband gets half (twenty-one shares), the mother gets one-sixth (seven shares), and the remaining fourteen shares are to be divided among the deceased’s siblings; each brother gets four shares and the sister gets two shares.

Allaah knows best.