Fatwa No : 96955
The ruling regarding the inheritance of a paternal half-sister in the presence of full siblings

The ruling regarding the inheritance of a paternal half-sister in the presence of full siblings

What do the respected scholars and eminent Islamic jurists say about the following matter:
My sister and brother-in-law were government employees. In 1979, my sister and brother-in-law died together with both of their children in a car accident. The financial dues from their respective offices were paid to my brother-in-law’s parents, while my sister’s financial dues were paid to my mother. My mother used that money to have a house constructed.
At the time of my sister’s death, her surviving heirs were our mother, two brothers, and two sisters. Our father had passed away in 1970, before my sister’s death. Subsequently, our mother passed away in 2014, leaving two sons and two daughters as her surviving heirs.
After our mother’s death, our eldest brother also passed away in 2014. His wife is still alive and resides in the same house. Our eldest brother had no children.
After that, our eldest sister passed away in August 2024. Her surviving heirs are her husband, one son, and three daughters.
I also had an elder sister who lived in India, and she has also passed away. Among her children, two daughters and one son are alive. This sister from India was from my father’s first wife, meaning that she was our paternal half-sister.
Does she, or her heirs, also have a share in the inheritance? Please explain, in accordance with the Qur’an and Sunnah, how the estate should be distributed among the aforementioned heirs.

الجوابُ حامِدا ًو مُصلیِّا ً

According to the circumstances described in the question, if the petitioner’s deceased sister had already become entitled to the amount received during her lifetime, then the house purchased with that amount shall be considered part of the deceased sister’s estate, and it shall be distributed among all the heirs according to their respective Shariah-prescribed shares. However, since the petitioner’s sister in India was the deceased’s paternal half-sister, in the presence of other closer heirs, neither she nor her heirs shall be entitled to a Shariah-based share in the deceased’s estate.
It should further be clarified that the deceased woman’s estate shall be distributed among her surviving heirs according to the principles of Islamic inheritance as follows: all movable and immovable property, real estate, gold, silver, jewelry, cash, and all kinds of household articles, whether small or large, that the deceased owned and left behind at the time of her death shall constitute her estate. From this estate, the moderate expenses of her shrouding and burial shall first be paid. Thereafter, if the deceased had any outstanding debt, it shall be paid. Then, if she had made any valid bequest, it shall be carried out to the extent of one-third (1/3) of the remaining estate. After that, whatever remains shall be divided into a total of two thousand eight hundred and eighty (2880) shares. Of these, the deceased’s brother shall receive one thousand three hundred and twenty (1320) shares, the sister shall receive six hundred and sixty (660) shares, the sister-in-law shall receive two hundred and forty (240) shares, the brother-in-law shall receive one hundred and sixty-five (165) shares, the nephew shall receive one hundred and ninety-eight (198) shares, while each niece shall receive ninety-nine (99) shares.