Inheritance of a son and three daughters
13-8-2013 | 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 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 3 - Additional information : Father and mother both deceased, heirs -- 1 son and 3 daughters, all married. Father has an old house and some lands. House will be demolished and left as plain land, it is 2100 Square Feet. Another piece of empty land in ancestral village is 3200 square feet. Please help me sir, as to how much land will the son get and how much the 3 daughters, The son is claiming more than 50% everywhere and is trying to fool the girls. Please help with your answer per Islamic law.
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 the deceased did not leave any heirs except those mentioned in the question, then the estate will be divided among the son and the daughters, the male getting twice the share of the female. Based on that, the estate should be divided into 5 shares; two shares for the son and one share for every daughter.
If the stated house cannot be divided, then it can be sold and its price is to be divided among the heirs according to everyone's share or that some of the heirs can take it and financially compensate the others for their shares, or they may leave it commonly owned among themselves, using it and sharing its returns according to their shares, i.e. two shares for the son and one share for every daughter. Also, they may agree among themselves on dividing it in a way that suits them and achieves their interests. The same thing applies to the land if it cannot be divided.
Anyway, there is nothing wrong regarding all those options for they are not obliged to divide it in a certain way unless there is a dispute and disagreement among them and in that case the matter should be raised to the Islamic judge to settle it for them.
Allaah Knows best.