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Fatwa CenterDividing inheritance among father, mother, 1 son and 3 daughters
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 1 (A full paternal uncle) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 3 (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, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
If the deceased did not leave any other heirs except those mentioned in the question, then both his father and mother get their legal shares of the estate as one sixth each due to the existence of direct heirs (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 son and the daughters 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 male gets twice the share of the female as Allaah says (what means): {Allah 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]
However, the other relatives mentioned in the question are not entitled to any part of the inheritance because they are prevented by the existence of the son and the existence of the father.
Therefore, the inheritance should be divided into 30 shares: the mother gets one-sixth, which is 5 shares; the father gets one-sixth, which is also 5 shares; and the son gets 8 shares and each daughter gets 4 shares.
Allaah Knows best.
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