How is the inheritance to be divided among the heirs of the deceased, who are: a father, four full brothers, four full paternal uncles, a mother, a wife with whom consummation has not occurred, a maternal grandmother, and three full sisters; given that the deceased has debts (Zakat, expiations, and other debts)?
The debts, , and expiations of the deceased are to be paid from their estate before its division. A wife whose husband dies before consummation is entitled to the named mahr (dowry); if no mahr was named, she is entitled to a mahr similar to that of her peers, and she also inherits. The estate is divided as follows: the wife receives one-fourth due to the absence of a descendant of the deceased; the mother receives one-sixth due to the presence of siblings of the deceased; and the father takes the remainder by ta'sib (residuary inheritance). The grandmother, brothers, sisters, and paternal uncles are all excluded from inheritance due to the presence of the mother and father. In matters of inheritance, a mere is not sufficient; rather, the matter must be referred to the courts for investigation and to ensure the rights of all parties.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 129159
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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