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Fatwa CenterDivision of inheritance among a mother, a full-sister and 3 full-brothers
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 nephew from a full brother) Number 2 (A full paternal uncle) Number 2 (A cousin from a full paternal uncle) Number 3 -Does the deceased have female relatives who are entitled to inherit : (A mother (of the deceased)) (A grandmother from the mother) (A full sister) 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, 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 as a prescribed share because the deceased has two or more siblings. Allaah says (what means): {And if he had brothers [and/or sisters], for his mother is a sixth, after any bequest he [may have] made or debt.} [Quran 4:11]
The remainder will be divided among the full-brothers and the full-sister, with the male receiving twice the share of the female.
Therefore, the inheritance should be divided into 42 shares. The mother gets one-sixth, which is 7 shares; each full-brother gets 10 shares; and the full-sister gets 5 shares.
The other relatives of the deceased do not receive anything from the inheritance.
It should be noted that the matter of inheritance is a very serious and complex issue, so a mere Fatwa which is an answer issued according to the question is not adequate. Rather, the matter should be taken to a legitimate Islamic court to study and investigate the case, as there could be an heir who is not known except after investigation, and there could also be a will, debts, or other obligations that are not known to the heirs. It is known that these rights are given precedence to the right of the heirs to the inheritance. Therefore, the inheritance should not be distributed without referring to an Islamic court, if any, in order to fulfill the interests of both the living and the dead.
Allaah Knows best.
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