How is inheritance divided among the heirs of the deceased, and is it permissible for the son to build on the roof of the house, both Islamically and legally, and what is the permissible area for this?
If the deceased did not leave any heirs other than those mentioned, then the wife receives one-eighth due to the presence of a lineal descendant heir. The remainder goes to the five daughters and the two sons by ta'sib (residuary heirship), with the male receiving the share of two females. The grandson (son's son) receives nothing, as he is completely excluded by the son. The inheritance is divided into 72 shares: the wife receives 9 shares, each son receives 14 shares, and each daughter receives 7 shares. As for building on the roof of the house, it must be with the permission of the heirs, or you may request a division of the house and build only on your own share. Matters of inheritance must be referred to the courts, as there may be wills, debts, or other rights that take precedence over the heirs' rights.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 108029
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy