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Fatwa CenterInheritance of parents, wife, two sons and one daughter
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 2 (A father) (A full brother) Number 4 (A paternal uncle) Number 1. Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 1 (A wife) Number 1 (A full sister) Number 4
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.
The brothers and sisters of the deceased, as well as his uncle, do not inherit because of the existence of the father and the children, because the father and the children prevent others from the inheritance as they are directly related to the deceased.
Therefore, if the heirs are only those mentioned in the question, then the wife gets one-eighth of the inheritance because of the existence of the children as Allaah Says (what means): {But if you leave a child, then for them is an eighth of what you leave.}[Quran 4:12]
The share of the father and the mother is one-sixth for each of them because of the existence of the children; 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 should be divided among the children, the male twice the share of the female; Allaah Says (what means): {Allaah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females.}[Quran 4:11]
In which case, the inheritance should be divided into 120 shares, each parent gets 20 shares, the wife gets 15 shares, and the remainder will be divided amongst the children; the male twice the share of the female, which is that each son gets 26 shares each, and the daughter gets 13 shares.
Finally, we advise you to take the matter to an Islamic court or to the scholars in Islamic Centers and Institutions in non-Muslim countries in order to present the matter to them. Indeed, the matter of inheritance is a complex issue as there might be an heir who would not be known except after investigation, and there might be some rights related to the inheritance like the wills.
Allaah Knows best.
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