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What is the ruling on dividing an inheritance among a pregnant mother, two sons, two daughters, two grandsons (sons of a son), two granddaughters (daughters of a son), two great-grandsons (sons of a grandson), and two full brothers, given the existence of a son who has been missing for 20 years due to war?

2 min readAlso available in العربية

A group of scholars is of the opinion that a person who is missing and presumed to be in a state of likely peril should be awaited for four years, after which a ruling of death is issued. The majority view, however, is that the matter is subject to the judge's discretion, and this is the relied-upon opinion. The missing person is considered alive before the judge rules him dead. If the judge rules him dead before the death of his inheritor, he does not inherit. But if the judge rules him dead after the death of his inheritor, he inherits.

If the death of the missing son is unknown and the judge has not ruled him dead before the death of his father, he is considered alive and has a share in the inheritance.

If the deceased left no one but those mentioned, the inheritance is divided as follows: The mother receives one-sixth due to the presence of a lineal descendant heir. The remainder goes to the sons and daughters by ta'sib (residuary heirship), with the male receiving the share of two females. The sons and daughters of the full brother and the full brother's unborn child do not inherit because they are completely excluded by the deceased's direct son.

If the missing person is one of the two sons mentioned in the question, the inheritance is divided into 36 shares: the mother gets 6 shares, each son gets 10 shares, and each daughter gets 5 shares. If the missing person is a third son, the inheritance is divided into 48 shares: the mother gets 8 shares, each son gets 10 shares, and each daughter gets 5 shares.

The matter of inheritances must be brought before Sharia courts for verification, as there may be other heirs, wills, debts, or other rights that take precedence over the heirs' rights.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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