Share of inheritance for wife,whose husband has died

Question

Just curious to know that what would be share of children and grand children, if a woman died, and none of her parents or husband are alive..

Answer 1

Disclaimer: this is a result of my research, and it might be wrong. As the reference points out, inheritance issues should be dealt with in courts.

A married women is inherited by her husband, children, and her parents. If her parents are not alive, her grandparents from father side come instead for inheritance. Parents take 1/6 each (or grandparents), and husband takes 1/4, and the rest is for the children on the basis of for the male is as twice as for the female.

If the husband and parents and grandparents are not alive, everything goes to her children.

And Allah knows best.

Reference: http://fatwa.islamweb.net/fatwa/index.php?page=showfatwa&Option=FatwaId&Id=13175 (Arabic)

Answer 2

As I am not a scholar of the subject, therefore, I may be wrong but here is the answer according to my own understanding of the related verses of Quran. As your question is vague, therefore, the following are the possible cases.

Case #1: If the children are Boy(s) and Girl(s) (2/3 + 1/3 = 1) - Two gender

Case #2: If the children are Boy(s) only = They will get everything if there is no will left by the deceased.

Their share is "for the male, what is equal to the share of two females = 1/2 + 1/2 = 1 (again)" of the estate if the will left by the deceased is not reasonable (Quran 2:180) or fair to their children.

Case #3: If the children are Girl(s) only = They will get everything if there is no will left by the deceased.

Their share is 1/2 or 2/3 of the estate (depends on # of girls) if the will left by the deceased is not reasonable (Quran 2:180) or fair to their children

Fairness of the will of deceased will be decided by the sharia court if there is a complaint. This means children of the deceased may get from zero to maximum available benefits as discussed earlier.

Since grandchildren will get their shares from their parents, therefore, they are not eligible in first priorities of rights, however, only sharia court should have the right to transfer the unfair will of the deceased person to the grandchildren if their parents (aforesaid boys or girls) are not eligible for some reasons.

Allah says clearly in Quran

1- Indeed, Allah is ever knowing and wise 2- And Allah is knowing and forbearing 3. You know not which of them are nearest to you in benefit