Division of the inheritance among a son, a father and a mother
19-12-2014 | 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) (A full brother) Number 1 (A half brother (from his father)) Number 1 (A nephew from a full brother) Number 1 (A nephew from a half brother (from his father)) Number 1 (A full paternal uncle) Number 1 (A cousin from a full paternal uncle) Number 1 (A cousin from a half paternal uncle) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A mother) (A full sister) Number 1 (A half sister (from the father)) Number 1
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, is His Slave and Messenger.
If there no other heirs besides those mentioned in the question, the mother gets one-sixth of the estate as a fixed share and the father also gets one-sixth as a fixed share; Allaah, The Exalted, 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 residue of the estate belongs to the deceased’s son by virtue of Ta‘seeb (i.e. by virtue of having a paternal relation with the deceased and not having an allotted share, so he gets what is left after the allotted shares have been distributed).
Hence, the estate should be divided into six shares; the mother gets one-sixth (one share), the father gets one-sixth (one share), and the son gets the rest (four shares) by virtue of Ta‘seeb.
The rest of the heirs do not inherit any share (as they are wholly excluded by the presence of the deceased's son).
It should be noted that the matter of inheritance cases is a very serious and complex one, and, therefore, in such cases, one should not solely depend on a Fatwa, which is issued according to and in response to a question. Instead, such cases should be referred to the legitimate courts to be studied and investigated, as there could be heirs who are discovered only by inquiry; and there could also be bequests, debts or other obligations that the heirs do not know about; and it is known that these supercede the heir’s right to the property. So the legacy should not be divided without the review of the legitimate courts, if available, to secure the interests of the living and the dead.
Allaah Knows best.