How is the estate of a deceased person – survived by a wife, parents, five sons, and three daughters – to be divided, if the estate was not divided until after the death of both parents, and the paternal uncles of the heirs are now demanding the share of the deceased parents, bearing in mind that the estate consists of two houses, one of which is inhabited and the other incomplete?
If one of the heirs dies before receiving their share of the inheritance, their share does not lapse with their death; rather, it passes to their heirs and is divided among them according to Islamic law.
So, if a person dies and leaves behind their father, mother, wife, five sons, and three daughters, the inheritance is divided as follows: The mother receives one-sixth (4 shares out of 24). The father receives one-sixth (4 shares out of 24). The wife receives one-eighth (3 shares out of 24). The remaining portion is for the sons and daughters by ta'sib (residuary heirship), with the male receiving the equivalent of the share of two females (each son receives two shares, and each daughter receives one share).
Then, the mother's shares are transferred to her heirs and divided among them according to Islamic law, as are the father's shares.
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