How is the estate of a deceased mother to be divided, given that she left behind a sister and two brothers who are not Muslim, five children (three daughters and two sons, one of whom is a minor), and a husband (the father of four of the children), in addition to an eldest daughter from another deceased husband? And does the agreement of the rightful heirs to divide the inheritance according to their own arrangements supersede the Shar’i ruling, and what is the correct method for implementing such an agreement?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The inheritance is divided into 12 parts. The husband takes 3 parts, and the remainder is divided among the children, with the male receiving the share of two females. Alternatively, the remaining seven parts can be divided such that the male receives two parts and the female one part. The heirs may also reconcile and agree to divide the wealth equally among themselves. As for the official implementation, it depends on the circumstances of the country.
Summarized from the full answer at Ftawy · imported
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