No inheritance for siblings and grandchildren if deceased had sons

9-9-2017 | 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 5 (A grandson [from the son]) Number 2 (A full brother) Number 1 (A half brother [from his mother]) Number 1
- Does the deceased have female relatives who are entitled to inherit: (A granddaughter [from the son]) Number 2 (A full sister) Number 2

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Answer:

All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah 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 the entire inheritance should be divided among the five sons 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).

The other heirs that you mentioned in the question are not entitled to anything from the inheritance as they are prevented by the son(s).

Therefore, the inheritance should be divided into five shares; each son gets one share.

It should be noted that the matter of inheritance is a 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 to look into the case and investigate, as there might be 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 is available, in order to fulfill the interests of both the living and the dead.

Allah knows best.