How to divide the inheritance after the death of the father? Here are the details

The division of inheritance after the death of the father is a thorny issue and there is much disagreement over it, but in the Kingdom of Saudi Arabia, the inheritance is distributed based on Islamic law and what is stated in it, as all the laws in force in Saudi Arabia are taken from the law, especially in these matters.

The inheritance is divided among the legal heirs, who are the children and the wife, if any, and the rest of the relatives, according to specific rules in Islamic law.

Everyone must adhere to Islamic law in the division of inheritance, and not exceed the limits set by Islam, and the laws of inheritance in the Kingdom support this and put Islamic law at the forefront of its priorities in dealing with social and legal matters, so follow us.

In this article, we will talk about the method of dividing the inheritance after the death of the father, as we will learn about all matters related to it.

Who are the heirs entitled to the inheritance upon the death of the father?

The owners of the hypotheses are the heirs who are entitled to the inheritance, as indicated by the Holy Qur’an, and there are six shares specified by the Sharia: they are half, a quarter, an eighth, two-thirds, a sixth, and a third.

The heirs are divided into two parts:

• The heirs entitled to inheritance based on their lineage with the deceased, and they are: the father, mother, grandfather, grandmother, children, grandchildren from the son, etc. They inherit even a small part of the estate.
• The owners of causal hypotheses are the husband and wife, provided that one of them is not deprived or withheld from the inheritance, and each of them is given a share first before any of the heirs based on the words of the Prophet, may God’s prayers and peace be upon him:

Thus, the number of eligible heirs is twelve, and they are as follows:

• Four men: husband, father, grandfather, and brother.
• And eight women and they are: the wife, the mother, the grandmother, the daughter, the daughter of the son, the sister for the mother, the sister for the father, the full sister.
• In the event of the death of the husband, the wife, son and son, if any, inherit.
• In the event of the death of the wife, the husband inherits half of the estate in the absence of an inheriting descendant, and a quarter of it in the event of an inheriting descendant.

How to divide the inheritance after the death of the father? What are the shares of the heirs?

The inheritance is divided after the death of the father based on the share of each of the heirs and his entitlement as determined by the Sharia for him, and after we have established the owners of the hypotheses who will inherit the deceased, we will mention what their shares are as follows:

The mother’s share of the inheritance is subject to three conditions:

First: The mother inherits one-third

•   If the deceased has no descendant and heir, i.e. the deceased has no children, whether they are male or female.
• There are no dead brothers and sisters.
•   She also inherits a third if the issue of inheritance is not of age, which is that the person dies and leaves a wife, mother and father.

Second: She inherits one-sixth

• If the deceased had an inheriting descendant, i.e. the deceased had male and female offspring.
• If the deceased had brothers and sisters.
• This is due to the Almighty saying (And to his parents, to each one of them a sixth of what he leaves if he had a child. For his mother a third, and if he had brothers, then for his mother a sixth).

Third: The mother inherits the remaining third in the matter of age, which we have clarified.

The father’s share of the inheritance has three conditions:

First: The father inherits one-sixth

If the deceased had an inherited descendant, then the father inherits one-sixth by default.

Second: The father has an indefinite lineage, i.e. he inherits through agnancy.

If a person died and left behind a wife and a father, the father here inherits the rest through affinity, and this is in the absence of an inheriting descendant of the deceased.

Third: As for this case, the father inherits both by imposition and agnation.

This is if the deceased had a female descendant and not a male inheritor, so the daughter takes half, and the father takes one-sixth by default, and the rest by inheritance.

The wife’s share of the inheritance and she has two cases

• First: The wife inherits a quarter if the husband does not have an inheriting descendant.
• Second: You inherit the price if there is an inheriting descendant.

The share of male children from the inheritance

The son knows in the inheritance that he is from the agnate and he has the largest share of the estate, and he has two cases:

• He takes all the estate if he does not have one of the share holders with him, namely the husband, wife, grandfather, great-grandfather, daughters, daughters-in-law, sisters, and children of the father.
• And he takes the rest by blindfolding if he has one of the hypotheses with him.

The share of daughters from the inheritance and has two cases

inherit by imposition

If it is one, then the half inherits, and if they are two and more, then they have two -thirds, because the Almighty said (If there is a woman, then two times, then they will be three, and if it is one, then it is one).

inherit by blindfolding

If she has a descendant and a male heir in the same degree as her, such as a daughter with a son or a daughter of a son with a son of a son, because God Almighty says ((God commands you regarding your children, for the male is like the share of the two females).

Brothers and sisters share of the inheritance

The share of brothers and sisters varies according to their grades, and we will explain the share of each one of them as follows:

Full brother

The full brother is one of the owners of the league by self and not one of the owners of the hypotheses, so he either inherits the entire estate if he is alone, or he inherits the rest in the case of the presence of the owners of the hypotheses, after distributing the estate to them.

sister

The full sister inherits hypothetically and is in the same position as full brothers. She inherits through affinity with others if the deceased has a descendant of a female inheritor, and she inherits through agnate relations if there is a full brother.

Father’s sister

It does not inherit at all in the case of a male offspring, in the case of two or more full sisters, in the case of a paternal brother who inherits with him by agnate, and in the case of a full sister, with whom they inherit one-sixth to complete two-thirds.

Father’s brother

The remainder is taken by agnancy after inheriting from the hypothetical owners, as he is one of the self-aggressive ones as well, but after the full brother inherits because he is of a lower degree than him.

Brother to mother

He does not inherit in the event that there is a descendant and a male heir. As for hypothesis, he inherits one-sixth if there are more than one, so each of them takes the third equally.

When is the inheritance divided in the event of the death of the father?

It is preferable to proceed with the division of the inheritance after the death of the deceased and the completion of his burial in order to give each person entitled his right, but it is necessary to make sure that the rights and responsibilities towards the deceased are fulfilled first.

Rights that must be fulfilled before the inheritance distribution begins

• The division of the inheritance must begin after the death has occurred, and the evidence for this is that all costs related to preparing the deceased must be taken from the estate first.
• It is also required, before distributing the estate, that the debts of the deceased, if any, be paid out, in addition to all the rights related to the deceased such as zakat, charity, and others.
• And the execution of the will, if any, as well, provided that it is not more than one-third, in addition to the will being for an heir.
• That the estate be distributed first among the owners of the hypotheses based on their legally estimated share, and then to the rest of the legal heirs.

What is the legal action if one of the male children deprives the females of their inheritance rights?

Depriving daughters of inheritance is a matter that contradicts Islamic law, and it was forbidden by Sharia, and this was only in the pre-Islamic era, and Islam brought the Sharia that changed this injustice, and gave women all their rights.

Therefore, the Saudi law set the most severe penalties for those who deprive the genies of their share, and the legal procedure in the event that one of the heirs refuses to divide the inheritance or prevents one of the heirs from his legal right that God has guaranteed to him in the inheritance is for the affected person to seek the assistance of an expert lawyer who specializes in inheritance cases.

Conclusion

Thus, we have come to the end of the article, in which we talked in detail about the method of dividing the inheritance after the death of the father, who inherits and who does not inherit, and what is the share of each one of them. Every person should fear God with regard to his family, especially if they are girls, and protect their rights, out of concern for the will of the Messenger of God, may God bless him and grant him peace.

If you have any questions regarding inheritance issues, do not hesitate to contact the experts in inheritance and inheritance issues at Al-Othman Law Firm.