Does the wife get one-quarter or one-eighth if the deceased has a child from her or from another wife?
The estate of the deceased, who left behind a wife and a child, is divided as follows:
1. The Wife: She receives one-eighth (1/8) as a prescribed share, based on Allah's saying: {But if you have a child, then for them [the wives] is one eighth of what you leave} [An-Nisa:12]. There is no difference whether the child is hers or from another wife. 2. The Child: He inherits the remainder by way of residuary right (ta'sib), based on the Prophet's (peace be upon him) saying: "Give the prescribed shares to those who are entitled to them, and what remains is for the closest male heir."
It is advisable to refer inheritance cases to the courts for investigation, as there might be wills, debts, or rights that take precedence over the heirs' rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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