Inheritance of wife, two sons and three daughters

16-1-2011 | 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 2 ۞-Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 3 (A wife) Number 1 (A full sister) Number 1 ۞- Additional information : my father has left 36 kuntas of land no 36 is important how will be the division 2 sons 3 daughters 1wife and one sister
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 sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

If the heirs are only those mentioned in the question, then the wife gets one-eighth of the inheritance as her legal share due to the existence of the 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 remainder will be divided amongst the two sons and the three daughters 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]

However, the full-sister does not get anything from the inheritance because she is prevented from inheritance due to the existence of the sons of the deceased.

Therefore, the inheritance should be divided into 8 shares, the wife gets one-eighth, which is 1 share, each son gets 2 shares, and each daughter gets 1 shares.

It should be noted that the important part of the land is like the unimportant part of it; each heir has right in both of them in accordance with the shares that we mentioned.

Allaah Knows best.

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