How is the inheritance to be divided among four paternal brothers (one of whom has been missing for 40 years) and a daughter, given that the sons of one of the deceased brothers seized a property from the estate without proof?

If a man dies, leaving behind one daughter and four paternal half-brothers, and no other heirs, his daughter inherits half as a fixed share (fard). The remainder is then distributed equally among the four full brothers, including the missing brother. The missing brother’s share is held until the Sharia court rules on his death. If the ruler had already decreed his death before the owner of this inheritance passed away, then he receives nothing from it, and the remainder is divided among the three living brothers.

As for the share of the deceased daughter, it is distributed among her husband, her sons, and her daughters. The husband takes one-fourth, and the remainder is divided among the sons and daughters, with the male receiving the equivalent of the share of two females.

Regarding the seizure of the inheritance by the sons of one of the brothers, claiming that the deceased had relinquished it to their father, this matter should be referred to the Sharia court. The default presumption is that he did not relinquish it, and if they do not provide Sharia-compliant evidence for their claim, they have no right to any part of the inheritance.