Fatwa ID: 06774
Answered by: Maulana Ousman Haye
Question:
A husband dies and leaves behind a wife and 2 adopted children. The husband has 1 brother and 1 sister and no parents. Who rightfully inherits from him? No rush
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Firstly, an adopted child does not inherit a fixed share of inheritance from his/her adoptive parents irrespective if their adoptive parents have biological children or not.
Thus, we are left with the deceased only leaving behind a wife, a brother, and a sister.
The wife will receive her prescribed share of ¼ due to the verse in the holy Quran where Allah (swt) says:
“ And your wives will inherit one-fourth of what you leave if you are childless.” (4:12)
Thereafter, the brother and sister will receive shares with the ratio of 2:1 provided that both are full siblings of the deceased.
This is due to the verse in the holy Quran where Allah (swt) says:
“ The share of the male will be twice that of the female.” (4:11)
Therefore, the brother will inherit ½ of what has been left behind from the deceased and the sister will inherit ¼.
In conclusion, the wife will inherit ¼ which is equivalent to 25%. The brother will inherit ½ which is equivalent to 50%. The sister will inherit ¼ which is equivalent to 25%.
Note: If one of the siblings is only a maternal or paternal sibling of the deceased and not a full sibling, then please write back to us with the full details. What has been mentioned above is based on the fact that both siblings are considered to be full siblings of the deceased.
Only Allah (عز و جل) knows best.
Written by Maulana Ousman Haye
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
ويستحق الإرث بإحدى خصال ثلاث بالنسب وهو القرابة والسبب وهو الزوجية والولاء.
(الفتاوى الهندية، ٦: ٤٤٧ ، مكتبة رشيدية)
ويستحق الإرث برحم ونكاح وولاء
(الاختيار لتعليل المختار ٤ ٤٣٠ ، دار الرسالة العالمية)
(رد المحتار، ٦: ٧٦٢، سعيد)
وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ ۚ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ
(النساء:12)
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَـٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْ
(النساء:11)
