What is the share of each heir from the estate of a man who passed away, leaving four daughters, a full brother, and a male who is considered in the position of his son and inherits what the male son inherits by virtue of a notarized judicial descent contract?
If the deceased intended to treat a stranger as a son through adoption, then such an act is null and void, and any inheritance based on it is likewise void. However, if the intention was to transfer ownership of a share of the estate to the stranger, estimated to be equivalent to the share of a male child, then this is a valid bequest (wasiyyah) within the limits of one-third or less of the estate.
Since the deceased left behind four daughters, if it is assumed that the stranger is to receive one-third of the estate, then this bequest is to be executed. The remaining two-thirds will then be distributed among the daughters and the brother: the daughters receive two-thirds of this remainder, and the full brother receives one-third.
Matters of inheritance are serious and complex, and a fatwa alone is not sufficient. Rather, they must be presented to the Sharia courts for investigation, as there may be other heirs, bequests, debts, or other rights that take precedence over the rights of the heirs. Therefore, the estate should not be distributed without consulting the Sharia courts.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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