Sharʿī Ruling on Inheritance Distribution Among Wife, Daughters, and Parents
Question:
If a man passes away and his surviving heirs include:
Wife, two daughters, mother, father, and siblings —
Do the siblings receive a share in the inheritance?
Answer by:
Shaykh Ḥāfiẓ Khidr Ḥayāt (ḥafiẓahullāh)
1. Do the Siblings Inherit?
- No, the siblings do not inherit in this case.
- When immediate heirs like wife, daughters, and both parents are present, siblings are excluded from inheritance.
- This is a standard Sharʿī principle: closer heirs block the more distant ones.
2. Clarifying Legal Misunderstanding
- If a legal advisor suggested otherwise, it may be due to:
- Lack of knowledge of Islamic inheritance laws, or
- Misunderstanding of the specific case.
- It is always best to consult a qualified ʿĀlim or Islamic legal expert for accurate rulings.
3. Sharʿī Distribution Among Mentioned Heirs
According to Islamic law, the estate would be divided as follows:
- Wife: 1/8 of the total estate
- Two daughters: 2/3 (to be shared equally)
- Mother: 1/6
- Father: 1/6
4. Practical Example Using 27 Units
To simplify division, the estate can be divided into 27 equal parts:
- Wife: 3 parts
- Daughters: 16 parts (8 each)
- Mother: 4 parts
- Father: 4 parts
✔ This proportional adjustment is known as ʿAwl (عائلة)—a method used when assigned shares exceed the total and need to be adjusted proportionally.
5. Key Sharʿī Principle
- This inheritance follows the well-established laws of farāʾiḍ (Islamic inheritance).
- Since primary heirs (wife, daughters, mother, father) are present, siblings are blocked from receiving any share.
