Answered by Shaykh Sohail Hanif, SunniPath Academy Teacher
If ones father did not leave a will at the time of death, what effect does this have if in a non Muslim country? is it still binding to split the wealth a certain way between the family? Also could you please explain how wealth is split between a family containing the one wife, 4 brothers and two sisters and one separate step sister (of the father) when the wife, two brothers and 1 sister don’t want their share
The issue of inheritance is one of the few legal issues that Allah Most High spelled out to a good degree of detail in the Qur’an, a result of which is that little differences of opinion across the sunni legal schools concerning how someone’s estate should be divided. It is of the utmost importance that it be divided according to the divisions determined by the sacred law otherwise it would result in some people being denied their right and others eating from money that they do not lawfully possess. It can result in all sorts of turmoil and breaking up of family order, especially if the estate is large.
When in a non Muslim country one must try just as hard to ensure that the heirs each get their rightful share. Please consult a local scholar for details on how the legal system with regards to inheritance functions in your country.
The inheritance for the situation described in the question would break down in the following manner
Inheritor share
Wife 5/20
4 brothers 12/20
2 sisters 3/20
half sister 0
The fractions above show the shares that each inheritor receives from the total estate. Four brother share the 12/20 share meaning that each is entitled to a quarter of that amount, namely 3/20. The two sisters likewise share the 3/20 between them meaning that each will receive a half of that amount. The estate has been divided amongst the inheritors mentioned in the question.
One should ensure that there are no other inheritors, such as parents or grandparents as that would change the answer given. If the deceased has any debts these should be taken care of first and the wealth remaining after this is what gets divided unless the deceased left behind a specific will entitling a particular person, not from his inheritors, to some of his wealth. This is termed the bequest (wasiyya) and is taken from up to a third of what remains of the deceased’s wealth after paying off any debts. What remains after that is then to be divided amongst the inheritors as shown above and the deceased has no say in how the division should be.
If particular inheritors do not want their share then it is for them to dispose of it as they please. They can permit the others to divide the share amongst themselves or give it away to a third party.
And Allah knows best.
Sohail Hanif