What is the share of each of the heirs (Omar Mahmoud, Saleh Mahmoud, Raya Mahmoud, and Awatef Mahmoud) from a plot of land measuring 26.3 square meters, knowing that their father is the deceased and their mother has relinquished her share to Omar?
A wife’s relinquishing her share to one of her children is considered a gift (hibah), and it is deemed unjust if there is no legitimate Sharia justification for it. Justice must be observed between children in gifting. If the wife is alive, she must act justly, either by revoking the gift or by giving the other children what achieves justice. If the wife dies and the son has taken possession of the gift during her lifetime, the gift is valid according to the majority of scholars. Some scholars hold that an unjust gift should be returned even after death. However, if the son did not take possession of the mother’s share before her death, it becomes an inheritance (turath) to be divided among the heirs according to Sharia.
If the deceased leaves no heirs except his wife, two sons, and two daughters, the wife receives one-eighth (1/8) due to the presence of a lineal descendant (al-far’ al-warith). The remainder is for the sons and daughters by way of ta’sib (residuary heirship), with the male receiving the share of two females.
The estate is divided into forty-eight shares: the wife receives six shares, each son receives fourteen shares, and each daughter receives seven shares. If the land is divided into twenty-four qirats, the wife receives three qirats, each son receives seven qirats, and each daughter receives three and a half qirats.
Matters of inheritance must be brought before Sharia courts or discussed with learned scholars to ensure the interests of all parties are upheld.
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