How Is the Inheritance Divided When a Father Passes Away Leaving Sons and Daughters Only?
Question
As’salam alaykum,
I would appreciate it if you could clarify the process of dividing the inheritance of my deceased father.
My father passed away last month. My mother passed away two years ago.
My father’s maternal parents are both deceased.
My father leaves behind four adult sons and two adult daughters.
Please let me know how the inheritance should be divided.
Jazakum Allah khair.
Answer
Alhamdulillah, wassalatu wassalamu ala rasulillah, wa ala alihi wa sahbihi ajmain.
May Allah have mercy on your father and mother and grant them Jannat al Firdaus.
This case is straightforward in Islamic inheritance law because only children remain as heirs, and there are no surviving parents, spouses, or other fixed-share heirs.
1. The Shar‘i Context of Inheritance
Allah has explicitly laid down the rules of inheritance in the Qur’an, leaving no room for personal preference or alteration.
Allah says:
“Allah instructs you concerning your children: for the male, a share equal to that of two females…”
Surat an Nisa 4:11
This verse governs cases where children inherit directly and exclusively.
2. Identifying the Heirs
In your situation, the following relatives are deceased and therefore do not inherit:
- Mother
- Maternal grandparents
The remaining heirs are:
- Four sons
- Two daughters
There are no other heirs that affect the distribution.
3. Type of Inheritance in This Case
The children inherit as residuary heirs (asabah).
This means:
- The entire estate is divided among them
- No fixed fractional shares apply
- Distribution follows the Qur’anic rule of male receiving twice the share of female
4. Method of Division
Islamic law divides the estate into proportional shares.
Each son receives two shares.
Each daughter receives one share.
Calculation:
- Sons: 4 × 2 = 8 shares
- Daughters: 2 × 1 = 2 shares
- Total shares = 10
5. Final Distribution
- Each son receives 2 out of 10 shares, which equals 1/5 (20%) of the estate.
- Each daughter receives 1 out of 10 shares, which equals 1/10 (10%) of the estate.
This applies after settling:
- Funeral expenses
- Outstanding debts
- Valid bequests (up to one third of the estate, if any)
6. Relevant Usul Principles
الفرائض مقدرة شرعا
Inheritance shares are divinely fixed.
This means they are determined by Allah and cannot be changed by agreement, culture, or emotion.
الذكر مثل حظ الأنثيين
The male receives the share of two females.
This rule is not based on preference or value, but on financial responsibility assigned by Sharia, as sons are obligated to provide and maintain dependents.
Final Ruling
Since your father left four sons and two daughters only, the inheritance is divided into ten equal shares. Each son receives two shares (one fifth of the estate), and each daughter receives one share (one tenth of the estate).
This distribution is mandatory under Islamic law once debts and bequests are settled.
And Allah knows best.