How is a plot of land to be divided among a mother, a wife, four sons, and three daughters, given the presence of a palace on it, and what is the share of each heir according to Islamic Sharia?
Disputes are settled in courts or by their representatives, because a only hears from one party. If the deceased left behind only his mother, his wife, and his children (4 sons and 3 daughters), and did not leave a father or grandfather, then:
- The mother receives one-sixth due to the presence of a direct heir, as Allah Almighty says: "And for his parents, each of them is to have a sixth of what he left if he has a child."
- The wife receives one-eighth due to the presence of a direct heir, as Allah Almighty says: "But if you have a child, then for them [the wives] is one-eighth of what you leave, after any bequest you [may have] made or debt."
- The remainder is for the sons and daughters by way of ta'seeb (residuary inheritance), with the male receiving the share of two females, as Allah Almighty says: "Allah instructs you concerning your children: for the male, what is equal to the share of two females."
The land is to be divided into 264 shares: the mother receives 44 shares, his wife 33 shares, each son 34 shares, and each daughter 17 shares.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 195374
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy