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Fatwa CenterInheritance of father, mother, wife 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 father) (A full brother) Number 1 (A nephew from a full brother) 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 1
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 only those mentioned in the question, and the deceased did not leave any other heir, then his mother gets one-sixth of the inheritance and his father also gets one sixth as their legal share due to the existence of the child (daughter) of the deceased. 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]
His wife gets one-eighth as her legal share due to the existence of the child of the deceased; 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]
His daughter gets a half as her legal share as Allaah Says about the inheritance of only one daughter (what means): {And if there is only one [daughter], for her is half.} [Quran 4:11]
The remainder will be given to the father by Ta’seeb (by virtue of having a paternal relation with the deceased by which he gets what is left after the allotted shares have been distributed) as the Prophet, sallallaahu ‘alayhi wa sallam, said: “Give the prescribed share of inheritance to those who are eligible for it and the remainder [of it] is for the nearest male blood relative.” [Al-Bukhari and Muslim]
However, the brother and the sister, and the son of the brother do not get anything from the inheritance because they are prevented by the existence of the father. Ibn Al-Munthir 
said: “… The scholars agreed in a consensus that the full-brothers and full-sisters and the half brothers and half sisters from the father’s side only, do not inherit if there is a son or a grandson or even a great grandson, and they do not inherit if the father exists …”
Therefore, the inheritance should be divided into 24 shares: the mother gets one-sixth, which is 4 shares; the father also gets one-sixth, which is 4 shares; the wife gets one-eighth, which is 3 shares; the daughter gets a half, which is 12 shares. The one share remaining after the division of the inheritance will be given to the father by Ta’seeb, so he gets 5 shares.
Allaah Knows best.
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