How much would the uterine brothers and sisters inherit from the deceased’s estate

Fatwa ID: 01546

Answered by Mufti Mohammed Tosir Miah

Question:

Yusuf passed away. His children are not Muslim. Yusuf has 1 half brother and 2 half sisters from his mother's side. They are still alive. (They are Muslims) Yusuf has 1 half brother from his Father's side. He is Muslim and he passed away before Yusuf. This half brother has a wife, 1 boy and daughters. (They are all Muslims) Yusuf's mother and father passed away before him. He has no ascendants. How will Meerath be calculated?

Answer:

Bismillah

In the name of Allah, the most Beneficent, the most Merciful.

In the following situation Yusuf’s half brother and two half sisters from his mothers side (uterine brothers) will inherit one third of Yusuf’s estate. The children would not inherit as they are not Muslims and as Yusuf’s half brother (consanguine brother) passed away before a share would not be allocated for him and nor will his family inherit from the estate. The parents will also receive nothing as they passed away before. (Maariful Qur’an p.348 v.2)

Allah subḥānahu wa ta'āla (glorified and exalted be He) in the Holy Quran has said:

“…And if a man or a woman is Kalalah (i.e. has neither parents alive, nor children) and has a brother or a sister, then each one of them will get one-sixth. However, if they are more than that, they will be sharers in one-third…” (Surah Nisa v.12)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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