Q. I wanted to know about the distribution of my mothers estate according to Shariah. She was survived by sons and daughters from two marriages. There are no other heirs besides her children…no husband, father, mother etc. only children. Does her children from her first marriage inherit from her estate or do all of her children from both marriages inherit from her estate?
A. In the enquired case, if the only surviving heirs were her children from both marriages, then the entire estate would be distributed amongst her children. This is irrespective of whether the children of the deceased were born from the first or second marriage on condition that they are her actual children and not her stepchildren. Stepchildren do not inherit from their stepparent’s estate.
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa
This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.