Inheritance of parents, wife and three daughters

26-1-2011 | 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 father) ۞-Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 3 (A wife) Number 1

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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 mother and his father inherit one-sixth each as their legal share due to the existence of the children (of the deceased) 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] His wife gets one-eighth as her legal share due to the existence of the children; 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] The daughters get two-thirds as their legal share as Allaah Says about the existence of a number of daughters (what means): {But if there are [only] daughters, two or more, for them is two thirds of one’s estate.}[Quran 4:11]

Therefore, the inheritance in this case is an issue of what is called 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 inheritance here should be regulated and divided into 81 shares, the mother gets 12 shares, the father gets 12 shares, the wife gets 9 shares and each daughter gets 16 shares.

Allaah Knows best.