Dividing inheritance among husband, mother, 3 sons and two daughters
17-7-2014 | 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 son) Number 3 (A full brother) Number 2 (A nephew from a full brother) Number 3 (A husband) -Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 2 (A full sister) Number 2
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 heirs are only those mentioned in the question, then the husband gets one-fourth of the estate as his prescribed share due to the existence of direct heirs (children); Allaah says (what means): {...But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt...} [Quran 4:12]
The mother gets one-sixth as her legal share due to the existence of direct heirs (children). Allaah says (what means): {...And for one’s parents, to each one of them is a sixth of his estate if he left children...} [Quran 4:11]
The remainder will be divided among the sons and the two daughters 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), with the male getting twice the share of the female.
Therefore, the inheritance should be divided into 96 shares, the husband gets one-fourth, which is 24 shares, the mother gets one-sixth, which is 16 shares, each son gets 14 shares, and each daughter gets 7 shares.
As regards the other relatives of the deceased, they do not inherit due to the existence of the children of the deceased.
Finally, it should be noted that the matter of inheritance is very complex an 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 to look into the case and investigate, as it might be that there is an heir who would not be known except after investigation, and there might also be a will, debts, or other dues that are not known to the heirs. It is known that these rights come in priority over 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.