Inheritance Case: Wife, Sister, Cousin, and Descendants of Grandfather’s Brothers
Source: Fatawa Rashidiyyah, p. 658
Question:
Allah Bachaya alias Haji passed away, leaving behind:
- one wife,
- one paternal half-sister,
- one female cousin,
- and the male descendants of his grandfather’s two brothers.
How will the estate be divided according to the Shari‘ah of Muhammad ﷺ?
Preliminary Rules
Before distribution of inheritance:
- Funeral and burial expenses are covered.
- Debts are paid.
- Any valid will (within one-third of the estate) is executed.
- The remainder is divided among the heirs.
Distribution of Inheritance
Total Estate = 100 (or 1 Rupee)
- Wife: 1/4 = 25
- Paternal Half-Sister: 1/2 = 50
- Female Cousin: Excluded
- Male descendants of grandfather’s brothers (as residuaries): 25 (shared)
Evidences
- Qur’an:
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾ (an-Nisa)
﴿لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾ (an-Nisa) - Hadith:
The Prophet ﷺ said:
((ألحقوا الفرائض بأهلها فما بقى فلأولى رجل ذكر))
(Sahih al-Bukhari 6735, Sahih Muslim 4141)

Heir | Share % | Notes |
---|---|---|
Wife | 25% | Fixed share (1/4) |
Paternal Half-Sister | 50% | Fixed share (1/2) |
Female Cousin | 0% | Excluded |
Descendants of Grandfather’s Brothers | 25% | Residuaries |
Conclusion:
The wife takes 1/4, the sister 1/2, and the remainder goes to the male descendants of the grandfather’s brothers. The female cousin is excluded.
والله أعلم بالصواب