How is the inheritance divided among the father, mother, pregnant wife, son, five brothers, two sisters, paternal uncle, and three sons of a paternal uncle, with the deceased's brother's wife being pregnant and the paternal uncle's son's wife also being pregnant?
If the deceased left behind only the parents, wife, two daughters, a son, and the wife's pregnancy, then only these individuals are the heirs, and the remaining (potential heirs) are excluded by complete deprivation.
The parents and wife receive their full shares: the mother and father each take one-sixth due to the presence of a lineal descendant, and the wife takes one-eighth due to the presence of a lineal descendant.
It is preferable to delay the distribution until the status of the pregnancy becomes clear. However, if the heirs insist on immediate distribution, the equivalent of the inheritance of two males should be withheld for the fetus. Then, the estate should be divided into a large number of shares, and the prescribed shares for the parents and wife should be distributed. As for the son and the two daughters, they receive their shares, and the equivalent of the share of two males is withheld for the fetus. Then, the withheld amount is redistributed according to the status of the pregnancy (male or female, twins, or stillborn).
We emphasize that inheritance matters are complex and intricate, and a mere fatwa is insufficient. Instead, they must be referred to Sharia courts, as there might be other heirs, wills, or debts that take precedence over the rights of the heirs.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/115262
- Source platform
- Ftawy
- Original fatwa ID
- 115262
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy