How is the estate of a deceased woman (who has no children) divided, if she has a husband, the children of a full brother (males and married females), and the children of a half-brother (from her mother only)? Do the children of the half-brother inherit? What is the share of each? Does the division of the inheritance differ if it is in cash or real estate?
If a woman dies without leaving any children, and she leaves behind a husband, the sons of full brothers, and the children of a maternal half-brother, then the inheritance is divided as follows: the husband receives one-half, based on the Almighty's saying: "And for you is half of what your wives leave if they have no child." The remainder goes to the male sons of the full brother, based on the Prophet's (peace be upon him) saying: "Give the prescribed shares to those entitled to them; then whatever remains is for the closest male relative."
The daughters of the full brother and the children of the maternal half-brother receive nothing because they are not among the inheritors. There is no difference in the shares whether the inheritance is cash or real estate. One of the inheritors can take real estate as part of their share and return the excess if its value exceeds their share.
Inheritance matters must be submitted to the Sharia courts for review and investigation, as there may be another heir, or wills, or debts, or other rights that take precedence over the inheritors' right. It is not permissible to divide an inheritance without consulting the Sharia courts.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/79033