What is the share of each heir from the deceased's estate, are the aforementioned bequests Islamically valid, is it permissible for the father's wife to remain in the same building with the son after the father's death, and is it permissible for the father to write over all of the deceased mother's belongings to his new wife?
Many aspects of the question are unclear, and inheritances and wills are serious and intricate matters that must be referred to the Sharia courts for examination and investigation, to ensure rights are delivered to their rightful owners. A mere fatwa is insufficient.
Firstly: All wills made to an heir are not enforceable unless the other heirs consent. Secondly: Anything written in the name of an heir but not delivered to him until his death takes the ruling of a will made to an heir and is returned to the estate if the other heirs do not consent. Thirdly: If the heirs are limited to those mentioned, then the wife receives one-eighth, the father receives one-sixth, and the remainder is for the sons and daughters by ta'sib (agnatic succession), with the male receiving the share of two females. There is nothing for the brothers and sisters due to the presence of the father or a son. Fourthly: It is permissible for the stepmother to reside with her stepson because he is a mahram to her. Fifthly: The husband is not entitled to exclusively possess his deceased wife's belongings; rather, they have become part of the estate for all her heirs, including him. The estate should not be divided without consulting the Sharia courts.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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