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Fatwa CenterDividing Inheritance Amongst a husband a Son and a Daughter
Question
Assalaamu ?Alaykum; Please calculate the inheritance according to the following information
-Does the deceased have male relatives who are entitled to inherit:
(A son) Number 1
(A husband)
-Does the deceased have female relatives who are entitled to inherit :
(A daughter) Number 1
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that none is worthy of worship except Allah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
If the deceased did not leave any other heirs except those mentioned in the question, namely, a husband, a son, and a daughter, then the inheritance should be divided among the heirs as follows:
The husband gets one-fourth as a fixed share due to the existence of the children entitled to inherit; Allah, The Exalted, says (what means): {And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt ...} [Quran 4:12]
The residue should be divided between the son and the daughter; the male gets twice the share of the female. Hence, the inheritance should be divided into four shares; the husband gets one-fourth (one share), the son gets two shares, and the daughter gets one share.
Finally, the questioner should be mindful that the matter of inheritance is very complex and serious; therefore, it should be taken to an Islamic court, if any, in order to guarantee fulfilling the interests of both the living and the dead.
Allah knows best.
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