Question
Assalaamu 'Alaykum; Please calculate the inheritance according to the
following information -Does the deceased have male relatives who are
entitledto inherit: )A full paternaluncle( Number 4 )A cousin from a
full paternal uncle( Number 2-Does the deceased have female relatives
who are entitled to inherit : )A mother( )A wife( Number 1 )A full
sister( 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,
is His Slave and Messenger.
If the deceased did not have any heirs except those mentioned in the
question, then the wife will get one-fourth of theinheritance due to
the lack of the children of thedeceased. In this regard, Allaah The
Exalted says)what means(: }And for the wives is one fourth ofwhat you
leave if you leave no child.{]Quran 4:12[
The full sister will get the half for Allaah The Almighty says )what
means(: }If a man dies, leaving no child but]only[ a sister, she will
have half of what he left.{]Quran 4:176[
The mother will get one-third for Allaah The Almighty says )what
means(: }But if he had nochildren and the parents]alone[ inherit from
him, then for his mother is one third.{]Quran 4:11[
Based on that, the estate should be divided into 13shares. Originally,
it is 12 shares but exceeded to 13 )because there is whatwe call in
Arabic 'Awl, which means that the shares of the inheritance)one fourth
3/12, one half6/12 and one third 4/12 =13/12( exceed the sum of the
total inheritance and by applying the laws of 'Awl the inheritance
will be divided into 13 shares)and not only 12 shares( 6shares for the
sister, 4 shares for the mother, and 3 shares for the wife.
Nothing will be given to the four paternal uncles because they inherit
onlyby Ta'seeb )i.e. by virtue of having a parental relation with the
deceased and they got what is left after the allotted shares have
beendistributed(. Here, the allotted shares have consumed the whole
estate and thus nothing remained for the paternal relatives. Also, the
two cousins will inherit nothing at all because, in principle, they
are prevented from the inheritance by the existence of the paternal
uncles.
Finally, we wish to notify the questioner that the issue of
inheritance is a very serious and dangerous matter. As such, it is not
sufficient torely solely on a Fatwa provided by a Mufti based on the
question heis asked. Rather, you must raise this issue in the Islamic
courts so that they might look into it and verify it. There mightbe an
heir unknown untilafter a proper investigation. Also, there could be
wills or debts or other obligations of which the heirs are unaware. It
is known that those rights precede the rights of heirs in the
inheritance, so it is not correct to divide the inheritance without
first consulting the Islamic courts, if they exist, in order to
confirm the rights of the living and the dead.
Allaah Knows best.
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Sunday, September 8, 2013
Fathwa, - Inheritance of wife, mother and full sister
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