What is the legal and Sharia ruling concerning the estate of a man who passed away, leaving behind a wife, six sons, and one daughter, and he owned two houses and a car, with details regarding the sons' residence in these houses, and how should the inheritance be divided and a deed of ownership obtained in light of some heirs' refusal to do so, and is there any sin upon the one who demands this?
If the deceased leaves behind only his wife, sons, and a daughter, then the wife receives one-eighth as a prescribed share due to the existence of a lineal descendant, as Allah states: "But if you have a child, then for them is one eighth of what you leave." The remainder goes to the sons and daughter by way of ta'sib (residuary heirship), with the male receiving the equivalent of the share of two females, as Allah states: "Allah instructs you concerning your children: for the male, what is equal to the share of two females."
The inheritance is divided into 104 shares: the wife receives 13 shares, each son receives 14 shares, and the daughter receives 7 shares.
No heir has the right to prevent others from taking their rightful legal share. If there is a dispute among the heirs, the matter must be brought before a Sharia court, or all parties should verbally address someone knowledgeable who is qualified to arbitrate.
The Prophet, peace and blessings be upon him, said to Ali, may Allah be pleased with him: "O Ali, when two disputants sit before you, do not judge between them until you have heard from the second as you heard from the first, for if you do that, the judgment will become clear to you."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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