Inheritance of a wife, three sons and one daughter
28-6-2010 | IslamWeb
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 3 (grandson (from the son)) Number 3 (A full brother) Number 1 (A nephew from a full brother) Number 5 (A cousin from a full paternal uncle) Number 1 Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A granddaughter (from the son)) Number 4 (A wife) Number 1 (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 
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 those who inherit amongst them are the wife, the three sons and the daughter. As regards the other relatives, they are prevented from inheritance by the existence of the direct sons of the deceased. Hence, the wife gets one-eighth as her legal share because of the existence of the children (direct heirs) 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 remainder should be divided amongst the three sons and the daughter 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 twice the share of the female as Allaah Says (what means): {Allaah 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]
Therefore, the inheritance should be divided into eight shares; the wife gets one-eighth of it, which is one share, and each son gets two shares, and the daughter gets one share.
Allaah Knows best.