She died leaving a husband, 7 full-siblings and 3 half-siblings

12-10-2014 | 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 3 (A half brother (from his father)) Number 3 (A husband) -Does the deceased have female relatives who are entitled to inherit : (A full sister) Number 4

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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 the deceased did not leave heirs entitled to inherit other than those mentioned in the question, then the husband gets half of the estate as a fixed share because the deceased has no children. Allaah, The Exalted, says (what means): {And for you is half of what your wives leave if they have no child…} [Quran 4:12]

The residue of the estate should be divided among the full brothers and sisters by virtue of Ta‘seeb (i.e. 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); the male gets double the share of the female. Allaah, The Exalted, says (what means): {…If there are both brothers and sisters, the male will have the share of two females…} [Quran 4:176]

The half siblings from the father’s side are excluded from inheritance by the presence of the full siblings.

It should be noted that the division of the inheritance is a serious and complex matter; it is not adequate to settle for seeking a Fatwa on the matter in which the Mufti answers to a specific case based on the information provided in the question. Instead, you should refer the case to a Sharee‘ah court for investigation; other eligible heirs entitled to inherit may be discovered in the process. Moreover, the deceased may have left a will or been liable to debts or other liabilities of which the heirs are not aware. It is well-known that the repayment of the debts and liabilities should be given priority over the heirs’ right in the estate. Therefore, you should not divide the estate among the heirs without referring the case to a Sharee‘ah court, if available, in order to maintain the interests of the living and the dead alike.

Allaah Knows best.