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Fatwa CenterInheritance of a wife, a mother, a brother and a sister
Question
I am a Muslim from the Indian sub-continent. I have been married for 14 years now and have no children. My wife a non-practicing Muslim is a very rude woman & and had been unkind to me most of my married life. She barely listens to me. It’s been 5 years now that I have been trying to be a practicing Muslim myself. I have an older brother and an older sister. My brother has two sons, both of whom are recently married. My sister has two daughters, one of them is married & the other one, unmarried, is in the final stages of her High School. Also my mother is living. My father passed away 10 years ago. While my father was living he transferred his only property in entirety, a three storied building, to my mother. Since my father passed away, my mother divided the property among my sister, my brother & myself while she kept nothing for herself. After letting go one apartment, I have two apartments as a result of this inheritance. My question is that if I were to die today, while my wife, my mother, my sister & my brother is living then according to the laws of Allah subhanotala who will inherit these apartments? If they all are to inherit these apartments in what ratio they will get it.?
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. We ask Allaah to exalt his mention as well as that of his family and all his companions.
If a man dies and leaves behind his mother, his wife, his brother and his sister, and did not leave any other heir, then all of them will inherit him in whatever he had left, whether a flat or else.
Therefore, if his brother and sister are full brother and full sister, or are brother and sister from the father's side only, then the inheritance will be divided as follows:
- The wife will get one-fourth as he has no sons. Allaah Says (what means): {…their (your wives) share is a fourth if you leave no child.} [Quran 4:12].
- The mother will get the sixth, as Allaah Says (what means): {…if the deceased left brothers or (sisters), the mother has a sixth.} [Quran 4:11].
- The rest will be divided between his brother and sister, the male a share twice that of a female. Allaah Says (what means): {…if there are brothers and sisters, the male will have twice the share of the female.} [Quran 4:176].
Based on the above, the inheritance should be divided into 36 shares; the wife gets one-fourth, which is 9 shares, the mother one-sixth, which is 6 shares, the brother will get 14 shares, and the sister 7 shares.
Finally, we ask you to fear Allaah and invoke him earnestly to turn your wife into a righteous woman and bless you with pious children, as Allaah is able to do everything.
Furthermore, you should advise your wife and invite her to abide by Allaah's Legislation, as all good whether the immediate or the delayed lies in following His Legislation. You should not give up or feel burdened in calling her with wisdom and good admonishing.
Allaah Knows best.
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