Please tell me the division of belongings (jewellery and land) of a deceased person among her brothers and sisters. A widow woman dies, who has no son and no daughter and her parents are not alive. She only had three brothers and two sisters (all the 5 are from the same mother and father) and one step brother (who is from the same father but from different mother and has one son and one daughter) died before her death then how the belongings shall be divided among the brothers and sisters? I mean what will be the ratio. I studied the holy Quran (Surah al-Nisa verse no. 12) where the division is given for Kalalah. But I don’t understand it? If the brothers and sisters are more than one then third portion will be divided equally among all of them. Now, what about the other two portions? Also in Surah al-Nisa verse no. 176 this issue is discussed but the division is not clear or I am unable to understand this from different Tafseer. I will be grateful if you could guide me and tell me exact ratio of the share of each person.
Answer:
(Fatwa: 1442/880/H=1432)
(1) After paying due rights preceding inheritance and provided the details of all the heirs is true, all the property of the deceased shall be divided into eight shares. The brothers of the deceased shall get 2-2 shares each and 1-1 share will be given to each sister.
(2) Regarding kalalah see the translation of Hadhrat Shaikhul Hind (رحمة الله عليه) and its annotation.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband