How is the inheritance of a man who left behind a wife, three sons, one daughter, and 21 sisters divided, knowing that he verbally willed to leave everything to his only daughter, and that the eldest son seized the inheritance and prevents the remaining heirs from their right to it? What should be done to restore these rights?
The statement of the deceased that he will leave everything to his daughter is not valid in inheritance because it is a bequest to an heir and is not enforceable unless approved by the other heirs. The wife's share is one-eighth due to the presence of a legal heir (descendant). The remainder goes to the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females. The full sisters are completely excluded from inheritance. The estate is divided into eight shares: one share for the wife, two shares for each son, and one share for each daughter. It is not permissible for any heir to prevent another from their rightful share in the inheritance. Whoever is deprived of their legal right may refer the matter to the judiciary. We advise the sister to persuade her brother to fear Allah. If he refuses, she may refer the matter to the court. If that is not possible, she may deduct from his share an amount equivalent to what he has usurped.
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- 111999
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