Died leaving a husband, a father and a full sister

6-2-2013 | 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 father) (A Husband) -Does the deceased have female relatives who are entitled to inherit : (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, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

If this deceased woman did not have heirs except those mentioned in the question, then her husband will get the half of the estate as his legal share due to the non-existence of the children of the deceased as Allaah The Almighty Says (what means): {And for you is half of what your wives leave if they have no child.}[Quran 4:12].

The remainder is for the father 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 eligible for it and the remainder [of it] is for the nearest male blood relative.” [Al-Bukhari and Muslim]

The full sister will take nothing because she is prevented from inheriting by the presence of the father. Ibn Al-Munthir said in Al-Ijmaa‘: "The scholars agreed in a consensus that the full-brothers and full-sisters and the half-brothers and half-sisters from the father’s side do not inherit if there is a son or a grandson or even a great grandson, nor if there is the father." [End quote]

Based on that, the estate should be divided into 2 shares; one for the husband and the other for the father.

Allaah Knows best.