My Sister’s husband died recently and has left behind some property. He has left following family behind him:
-Wife
-two sons (both minor age)
-Mother (father has died many years before)
-3 brothers (one married, two bachelors)
-3 sisters (two married, one divorced)
How would his estate be divided among these people according to Shariah? Pl. advice.?
Praise
be to Allaah.
Firstly,
those who are entitled to inherit should be given their shares. They
are:
The
wife, who receives one-eighth, because the deceased has children. Allaah
says (interpretation of the meaning):
“…their (your wives) share is a fourth if you leave no
child; but if you leave a child, they get an eighth of that which you
leave…”
[al-Nisaa’ 4:12]
The
mother, who receives one-sixth. Allaah says (interpretation of the meaning):
“…For parents, a sixth share of inheritance to each if
the deceased left children…”[al-Nisaa’ 4:11]
The
sons receive the rest of the money, because the Prophet
(peace and blessings of Allaah be upon him) said, according to a report
narrated from Ibn ‘Abbaas: “Give the faraa’id (shares of inheritance
that are prescribed in the Qur’aan) to those who are entitled to receive
them. Then whatever remains should be given to the closest male relative
of the deceased.” (Narrated by al-Bukhaari, al-Faraa’id, 6249;
Muslim, 3028).
The
brothers and sisters do not have a share in the inheritance because
they are deprived thereof by the presence of male children of the deceased.
