Division of inheritance among 6 half-brothers and 2 half-sisters on the father's side

9-1-2015 | 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 half brother (from his father)) Number 6 (A nephew from a full brother) Number 2 -Does the deceased have female relatives who are entitled to inherit : (A half sister (from the father)) Number 2

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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 heirs are confined to those mentioned in the question, then the estate should be divided among the six half-brothers and the two half-sisters on the father's side 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]

Hence, the estate should be divided into fourteen shares; each brother gets two shares and each sister gets one share.

The two nephews from the full brother do not get any share because of the presence of the closer residuary heir to the deceased which is the half-brother on the father's side.

We would like to draw the questioner’s attention to the fact that the matter of inheritance cases is a very serious and complex one, and, therefore, in the event of such cases, one should not solely depend on a Fatwa, which is issued according to and in response to a question. Instead, such cases should be referred to the legitimate courts to be studied and investigated, as there could be heirs who are discovered only by inquiry; and there could also be bequests, debts or other obligations that the heirs do not know about; and it is known that these supercede the heir’s right to the property. So the legacy should not be divided without the review of the legitimate courts, if available, to secure the interests of the living and the dead.

Allaah Knows best.