Inheritance of parents, a son and a daughter

21-8-2010 | 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 1 (A father) ۞-Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 1

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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 mother gets one-sixth of the inheritance as her legal share due to the existence of the children of the deceased and the father also gets one-sixth as his legal share due to the existence of the children of the deceased. 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 be divided amongst the son 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 18 shares, the mother gets one-sixth, which is 3 shares, the father also gets one-sixth, which is 3 shares, and the son gets 8 shares and the daughter gets 4 shares.

Allaah Knows best.