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Fatwa CenterInheritance of two daughters and one sister
Question
Asalaamo Alaikum. My brother Javed died four years ago. Three years before he died, he divorced his wife under Dutch Law in Holland. Javed has two grown up daughters, but no sons. Our parents also died quite a few years ago. Javed has property. How is it to be divided. The reply is required URGENTLY, before any wrong action is taken
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.
The questioner did not mention whether her deceased brother has other brothers or sisters or not, and whether she is a full or half (paternal or maternal) sister, because all these probabilities affect the answer.
However, if we suppose that she is his only full or half sister on the father’s side and that the brother died leaving two daughters besides the sister, then his two daughters shall take two thirds, as the Prophet, sallallaahu ‘alayhi wa sallam, gave two thirds to the two daughters of Sa`d ibn Ar-Rabee`. The rest shall be given to the sister by right of `Asabah (i.e. the closest paternal relatives who are entitled to inherit the residue after those who have fixed share in the inheritance). In other words, the inheritance shall be divided into three equal shares; one share for each daughter and the third share for the sister.
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, or it should be presented orally (in person) to the scholars in case there are no Islamic courts. 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 there rights come in priority over the right of the heirs. Therefore, the inheritance should not be divided without resorting to an Islamic court, if any, in order to fulfil the interests of the dead and the live people.
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