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The question

What is the division of inheritance for two wives, five sons, and five daughters, bearing in mind that the deceased did not pay the obligatory Zakat, did not perform Hajj, had debts, and did not pray? And should the guardianship of the daughter with cerebral atrophy be given to her divorced mother or to her paternal half-siblings? And what is the ruling on guardianship in the event of the mother's death?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the person who abandons prayer does so out of denial (juhood), then he is an apostate (kafir) with major disbelief (kufr akbar), and his wealth becomes fay' (spoils of war) for the public treasury (bayt al-mal), and his Muslim relatives do not inherit from him. However, if he abandons it out of laziness, then he is considered a Muslim by the majority of scholars, and his relatives inherit from him.

, debts, and the Hajj pilgrimage must be disbursed from the estate before its division. A divorced woman before death does not inherit unless the divorce was revocable (raj'i) and he died while she was still in her waiting period (), or if he divorced her during his death-illness (marad al-mawt). A mentally disabled daughter inherits, and a guardian manages her wealth.

If the heirs are two wives, sons, and daughters, then the two wives receive one-eighth (of the estate), and the remainder is for the sons and daughters, with the male receiving the share of two females. Issues of inheritance must be presented to courts or discussed with scholars to verify all rights.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
112379
Imported
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Source text, unreviewed
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