Is the aforementioned distribution, which includes 12.50% for the mother, 65.63% for the two sons, and 21.88% for the two daughters, from the estate of the deceased father who left behind a wife and four children (two sons and two daughters)—is this a just distribution according to Islamic law?
If a man dies and leaves behind a wife, sons, and daughters, the wife (mother) inherits one-eighth due to the presence of a lineal descendant, as Allah the Almighty says: (But if you have a child, then for them [the wives] is one eighth of what you leave) [Quran 4:12]. The remainder is for the sons and daughters, with the male receiving the share of two females, as Allah the Almighty says: (Allah instructs you concerning your children: for the male, what is equal to the share of two females) [Quran 4:11]. The paternal uncle inherits nothing due to the presence of a male lineal descendant.
To simplify the division, the estate would be divided into 48 shares: the wife receives 6 shares, each male receives 14 shares, and each female receives 7 shares.
The proportional distribution for the heirs is: Wife 12.50%, Sons 58.33% (each son 29.17%), and Daughters 29.17% (each daughter 14.58%).
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/20495
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 20495
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy