Division of inheritance among a wife, a mother, a daughter and 2 full-sisters
26-10-2015 | 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 full paternal uncle) Number 2 (A cousin from a full paternal uncle) Number 4 -Does the deceased have female relatives who are entitled to inherit: (A mother [of the deceased]) (A daughter) Number 1 (A wife) Number 1 (A full sister) Number 2
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 deceased did not leave any other heirs except those mentioned in the question, then his daughter gets half of the estate as her legal share, as Allaah says about the existence of only one daughter (what means): {...and if there is only one [daughter], for her is half...}[Quran 4:11]
His wife gets one-eighth as her legal share due to the existence of the children (the daughter); 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]
His mother gets one-sixth as her legal share due to the existence of children, as 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 shall be divided among the two full-sisters 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) because the sisters inherit by ta’seeb (along with the daughters) when the deceased has daughters only (and no sons).
Ibn ‘Aasim said in Tuhfatul-Hukkaam, “The daughters may inherit by ta'seeb if the deceased has one or more daughters.”
Therefore, the inheritance should be divided into 48 shares, the daughter gets half, which is 24 shares; the mother gets one-sixth, which is 8 shares; the wife gets one-eighth, which is 6 shares; and each full-sister gets 5 shares.
The other relatives of the deceased do not get anything from the inheritance because they are prevented by the existence of the full-sisters along with the daughter.
Finally, it should be noted that the matter of inheritance is a very complex issue, so a mere fatwa that is an answer issued according to the question is not enough. Rather, the matter should be taken to an Islamic court to look into the case and investigate, as it might be that there is an heir who would not be known except after investigation, and there might also be a will, debts, or other dues that are not known to the heirs. It is known that these rights come in priority over the right of the heirs in the inheritance. Therefore, the inheritance should not be divided without resorting to an Islamic court, if any, in order to fulfill the interests of both the living and the dead.
Allaah Knows best.