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Stats: 17,449 members, 69,230 Topics, 15,444 Comments. Date: Jun 16 2019, 7:47 am

Rufai Oladimeji
Lagos State University
English
100Level, Nigeria.
Question

I would like to know the inheritance in the
case when father died leaving behind only
wife and 2 daughters, but he has 1 brother
and 2 sisters as well. How will the property
be divided after the debts are given
considering that he left 40,000 value of
property? How much will each one get, and
who all will inherit him and how much
specific amount of share will each one
receive. Do the brother and sisters also
inherit and what is their amount if yes. And
considering the above case same with the
exception that the deceased also left father
and mother as well. Then who are the heirs
in this case and how much each one will get
the amount. That is he left father, mother, 2
daughters, 1 brother, and 2 sisters.

Fatwa:
All perfect praise be to Allah, The Lord of the
Worlds. I testify that there is none worthy of
worship except Allah, and that Muhammad
is His Slave and Messenger.

As far as the first deceased is concerned,
who left a wife, two daughters, a brother and
two sisters, then the wife will get one-eighth
of the inheritance, the two daughters will get
two thirds, and the reminder will be divided
among the brother and the two sisters, for
the male a portion equal to that of two
females, on the condition that all of them
are full brother and full sisters or all of
them are brothers and sisters from father's
side only. So if some of them are full
brother and full sisters, and some are
brother or sisters from father's side only,
then the remainder of inheritance will be
divided among the full brother and sisters
only and the brother or sisters from father's
side only will not get anything.
If we suppose that the children are all full
brother and full sisters or that they are all
brother and sisters from father's side only,
the inheritance of their deceased father will
be divided into 24 shares, so:
- The wife will get 3 shares.
- Each sister will get 8 shares.
- The brother, whether he is a full
brother or from father's side only,
will get 2.5 shares.
- Each of the sisters will get 1 ΒΌ
shares.

As regards the second deceased if he had left
a wife, two daughters, a father, a mother, a
brother and two sisters, then the inheritance
will be divided as follows:
- The wife will get one-eighth of
inheritance.
- The daughters will get two thirds.
- The mother will get one-sixth.
- The father will get one-sixth as
well.
However, the brothers and sisters will get
absolutely nothing, whether they are brother
and sisters from father's side, or are full
brother and full sisters or some of them are
full brother and sisters and some are from
father's side only.

Therefore, the inheritance will be divided
into 27 shares because there is what we call
in Arabic 'Awl, which means that the shares
of inheritors exceed the sum of the total
inheritance and by applying the laws of 'Awl
the shares are regulated, so:
- The wife will get 3 shares.
- Each daughter will get 8 shares.
- The mother will get 4 shares.
- The father will get 4 shares as
well.

Finally, we advise you to take your case to an
Islamic court which will take the task of
dividing the inheritance for you because it is
such complex an issue. It might be that there
is another heir whom you did not realize as
being so, and he or she will only be found
after carrying out an investigation. So a
mere Fatwa which is issued according to
your question is not enough.
Allah Knows best.

www.islamweb.net/en/article/157618/a-man-died-leaving-a-wife-two-daughters-one-brother-and-two-sisters

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