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Fatwa CenterDivision of inheritance among a husband and a son
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 full brother) Number 1 (A husband) -Does the deceased have female relatives who are entitled to inherit : (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 there are no other heirs besides those mentioned in the question, then the husband gets one-fourth of the estate as a fixed share because the deceased has a child. Allaah, The Exalted, says (what means): {But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt.} [Quran 4:12]
The residue of the estate is given to the son by virtue of Ta‘seeb (i.e. by virtue of having a paternal relation with the deceased and not having an allotted share; so he gets what is left after the allotted shares have been distributed).
Therefore, the estate should be divided into four shares. The husband gets one-fourth of the estate (one share) and the rest (three shares) is given to the son. The brother and sisters do not get any share because they are wholly excluded by the presence of the son.
It should be noted that the division of inheritance is a serious and complex matter. It is not adequate to settle for a Fatwa to be issued according to the information given by the questioner. Instead, you should refer the case to a legitimate Islamic court for investigation. Other heirs may be discovered in the process. Moreover, the deceased may have left a will or may have been liable to debts or other obligations of which the heirs are not aware. It is well-known that the settlement of debts and the other liabilities should be given priority over the heirs' right to the estate. Therefore, the estate should not be distributed without referring the case to an Islamic court, if any exists, in order to secure the interests of the living and the dead alike.
Allaah Knows best.
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