How is the estate of a deceased father to be divided, knowing that he left behind sons and daughters from two wives, and he had a designated salary for his younger siblings, and one of his sons from the first wife wishes to be the guardian, while the mother refuses this?
An adult of sound mind is the guardian of his own financial transactions. For a minor, the guardian is his father's executor (wasi), otherwise the grandfather, and failing that, the judge. The guardianship for marriage of sisters, after the father, grandfather, and son, belongs to the brother. The deceased's pension may go to the minors and their mother or to all heirs, depending on the case. The wife receives one-eighth if the deceased has children, and the remainder is divided among the children, with the male receiving the share of two females. These matters are serious and intricate, and cannot be resolved merely by a fatwa; rather, they must be brought before the Sharia courts for investigation.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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