Question(s):
My deceased leaves behind both parents an adult brother and sister plus a husband and a boy aged 4 and a girl aged 2. Can you work out parts in terms of inheritance

Answer(s):
In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In the scenario in question, after fulfilling the necessary funeral and burial costs, clearing any debts and fulfilling any bequests, the remaining assets will be split into 36 shares.

Thus, if there are no other inheritors, apart from those you have outlined, the 36 shares will be distributed as follows:
Father – 6 shares (16.666%)
Husband – 9 shares (25%)
Mother – 6 shares (16.666%)
Son – 10 shares (27.777%)
Daughter – 5 shares (13.888%)

Finally, in the scenario in question, the brother and the sister of the deceased will not inherit.

And Allah Ta’āla Knows Best.
Mufti Mubasshir Talha
19 Shawwal 1443 / 20 May 2022

Approved by:
Mufti Tahir Wadee | Mufti Yusuf Ilolvi

Note: This fatwa is only to be viewed with the question asked. In the event of presenting this to a third party, please ensure it is coupled with the original question, as well as the references below for Islamic Scholars.


DISCLAIMER: The views and opinions expressed in this answer belong only to: the author, any concurring Ulama’ and the senior approving Muftis – they do not in any way represent or reflect the views of any institutions to which he may be affiliated.

Arguments and ideas propounded in this answer are based on the juristic interpretations and reasoning of the author. Given that contemporary issues and their interpretations are subjective in nature, another Mufti may reach different conclusions to the one expressed by the author. Whilst every effort has been taken to ensure total accuracy and soundness from a Shari’ah perspective, the author is open to any correction or juristic guidance. In the event of any juristic shortcomings, the author will retract any or all of the conclusions expressed within this answer.

The Shari’ah ruling given herein is based specifically on the scenario in question. The author bears no responsibility towards any party that acts or does not act on this answer and is exempted from any and all forms of loss or damage. This answer may not be used as evidence in any court of law without prior written consent from the author. Consideration is only given and is restricted to the specific links provided, the author does not endorse nor approve of any other content the website may contain.