Division of inheritance between the father, the son, and the wife
19-1-2016 | 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 1 (A father) (A full brother) Number 2 (A half brother [from his father]) Number 6 (A nephew from a half brother [from his father]) Number 5 (A full paternal uncle) Number 1 (A father's half brother [from the father's father]) Number 1 (A cousin from a full paternal uncle) Number 1 - Does the deceased have female relatives who are entitled to inherit: (A wife) Number 1 (A full sister) Number 5 (A half sister [from the father]) Number 3 - The Information about pregnant women from the relatives of the deceased is: (His full brother's wife)
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 and the deceased did not leave any other heir, then his wife gets one-eighth as her legal share due to the existence of son (a direct heir); 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 father gets one-sixth as his legal share due to the existence of the son. 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 taken by the son 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).
Therefore, the inheritance should be divided into 24 shares; the wife gets one-eighth, which is three shares; the father gets one-sixth, which is four shares; and the remainder will be taken by the son by Ta’seeb which is 17 shares.
As regards the remaining relatives of the deceased, they do not inherit, including the unborn child of the wife of the full-brother of the deceased, as they are all prevented from the inheritance by the existence of the son and the father as well.
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 in order for them 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 take 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.