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Fatwa CenterDivision of inheritance among father, wife 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 father)
(A full brother) Number +1+1
(A full paternal uncle) Number 1
(A cousin from a full paternal uncle) Number 1
-Does the deceased have female relatives who are entitled to inherit :
(A daughter) Number 3
(A wife) Number 1
(A full sister) Number 2
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.
If the heirs are only those mentioned in the question, and the deceased did not leave any other heir, then the wife gets one-eighth as her legal share due to the existence of children 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]
The daughters get two-thirds as their legal share. Allaah says (what means): {But if there are [only] daughters, two or more, for them is two thirds of one’s estate. }[Quran 4:11]
The father gets one-sixth as his legal share due to the existence of 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 will also be taken by the father by Ta‘seeb (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); the Prophet said: "Give the prescribed share of inheritance to those who are eligible for it and the remainder is for the nearest male blood relative." [Al-Bukhari and Muslim]
Therefore, the inheritance should be divided into 72 shares. The daughters get two-thirds, which is 48 shares, and each of them gets 16 shares. The wife gets one-eighth which is 9 shares, and the father gets one-sixth as his legal share which is 12 shares, and the remainder will also be taken by the father by Ta‘seeb.
The other relatives of the deceased do not get of the inheritance because they are prevented by the existence of the father.
It should be noted that the division of inheritance is a serious and complex issue. It is not adequate to settle for a Fatwa to be issued according to the information provided by the questioner. Instead, you should refer the case to legitimate Islamic court for investigation; other heirs may be only discovered by careful investigation and would be discovered in the process. Moreover, the deceased may have left a will or may have been liable to debts or other obligations and liabilities of which the heirs are not aware. It is well-known that the settlement of debts and other liabilities are given precedence over the heirs' right to their shares in the estate. Therefore, you should not distribute the estate 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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