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What is the legal share of the heirs (wife, 3 sons, 1 daughter) from the estate of the deceased in 2015, given the existence of a son forcibly disappeared since 2014, knowing that the estate includes real estate and a partnership in a factory, in addition to a will for a monthly sum to the poor? And does the declaration of death of the disappeared son before the father's death affect the division of the inheritance? And how are the gifts given by the father to his children during his lifetime dealt with? And what is the share of the disappeared son's children from their grandfather, legally and Islamically?

1 min readAlso available in العربية

Firstly: The wife receives one-eighth, and the remainder is divided among the sons and daughters by ta'sib (agnatic inheritance), with the male receiving the share of two females.

Secondly: All that the deceased left behind is to be divided among the heirs according to Islamic law.

Thirdly: The apartments he gifted to his sons are, according to some jurists, to be returned to the estate if he did not act equitably in his gift. However, according to the majority of jurists, they are not to be returned.

Fourthly: The missing son: If the judiciary rules him deceased before his father, then he and his children have no share. If it rules him deceased after his father, then he has a share that is to be divided among his living heirs at the time of his death.

Fifthly: The deceased's will of two hundred pounds monthly for the poor is valid and is to be taken from one-third of the estate until that third is exhausted.

Sixthly: In case of dispute among the heirs, the matter must be brought before the Sharia court or referred to scholars.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy