Back to search

How is the inheritance to be divided among the mentioned heirs, taking into account the presence of a pregnancy (a brother/sister from the mother's side), the deceased's failure to perform Hajj despite being able, and the unknown existence of other debts?

1 min readAlso available in العربية

If the deceased did not perform Hajj despite being able to, then the heirs must pay for the Hajj expenses from the inheritance before its distribution, according to the verse: (from after a will is bequeathed by him or a debt). After that, the inheritance is divided according to Islamic law: the wife receives one-eighth due to the presence of a legal heir (children), and the remainder goes to the son and daughters by way of ta’seeb (agnatic inheritance), with the male receiving the share of two females. The children of the son, the brother, and the two paternal sisters are excluded by the presence of the son. The inheritance is divided into 40 shares: the wife receives 5 shares, the son 14 shares, and each daughter 7 shares. It should be noted that matters of inheritance are complex, and one should refer to the Sharia courts regarding them due to the possibility of wills, debts, or other rights that the heirs may not be aware of, which take precedence over the rights of the heirs.

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

Read the full answer on Ftawy