Mother, Father and Two Brothers

Q: A woman passed away and was survived by her mother, father, and 2 brothers. How will her estate be divided?

A: According to the Islamic Law of Inheritance, when the father is alive, brothers and sisters do not inherit. Furthermore, if the deceased had no children or grandchildren, the father takes the balance of the estate after other heirs had received their shares. In the above case it is only the mother and father who will inherit. Due to the existence of mayit’s brothers, her mother’s share is scaled down from a third to one sixth. So mother gets one sixth, and the balance of five sixths go to the father. The above distribution must take place after funeral expenses, debts, and wasiyyat have been settled from the estate.