Division of parents’ estate between sons and daughters.

If one parent has died, or both parents, and they have no
heirs except four sons and one daughter, then the estate should be divided
on the basis that each male takes the share of two females, i.e. the
daughter will have one share and each of the sons will have two shares. So
the estate should be divided into nine parts, of which the daughter will
have one share and the eight remaining shares will be given to the four
sons, each of them taking two shares. This should be done after taking out
the expenses of preparing and shrouding the deceased, and paying off any
dues he owed to Allaah or debts he owed to other people, and after
fulfilling his bequests if he left any such instructions before he died. 

The evidence for that is the verse in which Allaah says
(interpretation of the meaning): 

“Allaah commands you as regards your children’s
(inheritance): to the male, a portion equal to that of two females; … (The
distribution in all cases is) after the payment of legacies he may have
bequeathed or debts”

[al-Nisa’ 4:11] 

For example, if we assume
that after shrouding the deceased, paying off his debts and fulfilling his
bequests, the amount he left is 9000 for example, then the daughter will
have 1000 and each of the males will have twice that, namely 2000. 

But if there are other
heirs as well as the children, such as the father of the deceased, or his
mother or grandfather or grandmother, then each of them must be given their
share, and the rest divided among the sons and daughter in the manner
mentioned above. 

Note: If one spouse died
before the other, then the living spouse inherits from the deceased. In the
case asked about here, the share of the husband if his wife dies before him
is one-quarter. The wife’s share if her husband dies before her is
one-eighth.  

For the children who are
left, the estate should be divided giving each male the share of two
females, as mentioned above, after the surviving spouse has taken his or her
share.