How is the inheritance distributed among the (living) wife, four sons, and seven daughters, knowing that the deceased has a son and a daughter from a divorced woman who passed away before him, and what should the wife do if the secular law gives her more than her rightful share according to Sharia?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The wife receives one-eighth due to the existence of a lineal descendant (heir). The remainder goes to the sons and daughters by ta'sib (agnatic inheritance), with the male receiving the share of two females. The inheritance is divided into 120 shares: the wife gets 15 shares, each son gets 14 shares, and each daughter gets 7 shares. It is not permissible for the wife to take more than her legally prescribed share, because exceeding Allah's limits in inheritance necessitates entry into Hellfire. Inheritance matters must be referred to the courts for investigation.
Summarized from the full answer at Ftawy · imported
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- Source platform
- Ftawy
- Original fatwa ID
- 113887
- Imported
- Translation status
- Source text, unreviewed
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