Dividing estate among a wife, a daughter and 4 full brothers
26-6-2014 | 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 4 (A nephew from a full brother) Number 4 (A cousin from a full paternal uncle) Number 4 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A wife) 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 
is His slave and messenger.
If there are no other heirs than those mentioned in the question, and the deceased did not leave any other heir, then the daughter gets half the estate as her legal share as Allaah says concerning the share of an only daughter (what means): {And if there is only one [daughter], for her is half.}[Quran 4:11]
The wife gets one-eighth as her legal share due to the existence of children (direct heirs); Allaah says (what means): {But if you leave a child, then for them [i.e. the wives] is an eighth of what you leave, after any bequest you [may have] made or debt.}[Quran 4:12]
The remainder should be divided among the full-brothers by Ta’seeb (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).
Therefore, the inheritance should be divided into 32 shares: the daughter gets a half, which is 16 shares; the wife gets one-eighth, which is 4 shares; and each full-brother gets 3 shares.
On the other hand, the nephews and cousins are not entitled to any part of the inheritance because they are prevented by the existence of full-brothers.
Finally, it should be noted that the matter of inheritance is a very complex issue, so a mere Fatwa, which is an answer issued according to the question, is not enough. Rather, the matter should be taken to an Islamic court for an investigation and study of the case, as there might be an heir who would not be known except after investigation. There might also be a will, debts, or other dues that are not known to the heirs. It is known that these rights are given priority to the right of the heirs in the inheritance. Therefore, the inheritance should not be divided without resorting to an Islamic court, if any, in order to fulfill the interests of both the living and the dead.
Allaah Knows best.