Inheritance

Assalam Alaikum
I want to ask this question in regards to meerath. May Allah swt bless you for your help.
A person passes away leaving a wife that is pregnant, two real brothers, four step brothers from his fathers side, four step sisters from his fathers side.
Jazakallah

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

Answer

In the afore mentioned question there are three possible outcomes or scenarios. If the mother gives birth to a male child the inheritance should be distributed according to the table in scenario one. If the mother was to labour forth a female child the inheritance should be distributed on reliance of the table in scenario two. If the child was born deceased or was not granted human life in the world the inheritance should be divided as advised in scenario three.

Scenario 1

8,

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Wife               Son (pregnant)           2 Brothers            4 Step Brothers (fathers side)              4 Step Sisters (Fathers side)

1                       7                                 Deprived                   Deprived                                         Deprived

The estate will be distributed into 8 shares with the wife receiving 1 share. If the child is born as a son he will inherit 7 shares. The two brothers, four stepbrothers and four stepsisters will receive nothing.

Scenario 2

8, 16                                                                     Madhrub: 2

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Wife               Daughter (pregnant)           2 Brothers            4 Step Brothers (fathers side)              4 Step Sisters (Fathers side)

1                                 4                              3                                       Deprived                                        Deprived

2                                    8                            6

The estate will be distributed into 16 shares with the wife receiving 2 shares. If the child is born as a daughter she will inherit 8 shares. The two brothers will each inherit 3 shares. The four stepbrothers and four stepsisters will receive nothing.

 

Scenario 3

 

 

 

4, 8                                                                     Madhrub: 2

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Wife                         2 Brothers                             4 Step Brothers (fathers side)                           4 Step Sisters (Fathers side)

1                                   3                                                        Deprived                                                        Deprived

2                                    6

The estate will be distributed into 8 shares with the wife receiving 2 shares. The two brothers will each inherit 3 shares. The four stepbrothers and four stepsisters will receive nothing.

Only Allah Knows Best.

Mohammed Tosir Miah

Darul Ifta Birmingham

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