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Fatwa CenterDivision of inheritance among a husband, a mother, and 8 full-siblings
Question
Assalaamu alaykum. Please calculate the inheritance according to the following information: - Does the deceased have male relatives who are entitled to inherit: (A full brother) Number 2 (A nephew from a full brother) Number 7 (A husband) - Does the deceased have female relatives who are entitled to inherit: (A mother [of the deceased]) (A full sister) Number 6
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 deceased left behind no heirs other than those mentioned in the question, then the deceased's husband is entitled to half of the estate as a fixed share because the deceased had no descendants entitled to inherit (children); Allaah, The Exalted, says (what means): {And for you is half of what your wives leave if they have no child.} [Quran 4:12]
The deceased's mother is entitled to one-sixth of the estate as a fixed share because the deceased had siblings; Allaah, The Exalted, says (what means): {But if he had no children and the parents (alone) inherit from him, then for his mother is one third. And if he had brothers (or sisters), for his mother is a sixth.} [Quran 4:11]
The remainder of the estate is divided among the deceased's full brothers and sisters (by virtue of taʻseeb, i.e. by virtue of having a paternal relation with the deceased and not having a prescribed share, so they get what is left after the prescribed shares have been distributed); the male gets double the share of the female.
Hence, the estate should be divided into thirty shares; the husband gets one half (15 shares), the mother gets one-sixth (5 shares), each brother gets two shares, and each sister gets one share.
As for the nephews, they are not entitled to inherit in this case because the deceased had full brothers and sisters.
Lastly, it should be noted that the division of inheritance is a serious and complex issue. It is not enough to settle for a fatwa issued according to the information provided by the questioner. Instead, you should refer the case to a legitimate Islamic court for further investigation; perhaps there are other heirs who would be discovered after careful investigation. 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 other liabilities is 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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