How is the estate of a man and a woman, who have only five daughters and own nothing but a residential house registered in their names, to be divided upon their death, and does the inheritance include the deceased's brothers and sisters?
In the event of a man's death, his inheritance is distributed as follows: The wife receives one-eighth due to the presence of daughters. The daughters receive two-thirds due to their plurality. The remainder is divided among the full-sibling brothers or paternal half-sibling brothers (if no full-siblings exist) by ta'sib, with the male receiving the share of two females.
However, if the wife dies before her husband, her husband receives one-fourth due to the presence of daughters. Her daughters receive two-thirds. The remainder goes to the closest 'asib (agnate heir) among the full-sibling brothers or paternal half-sibling brothers.
In both cases, the daughters are entitled to no more than two-thirds, unless the other heirs willingly relinquish their share. Maternal half-siblings receive nothing due to the presence of a lineal descendant heir.
Inheritance matters must be submitted to the courts for review and verification, as there may be wills or debts 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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- Ftawy
- Original fatwa ID
- 66279
- 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