Answer
Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
In this fatwa:
As an inheritance ruling, parents inherit but siblings inherit only if the deceased has no father or children.
Responding to your question, Prof. Dr. Monzer Kahf, Professor of Islamic Finance and Economics at Qatar Faculty of Islamic Studies, states:
In the case you explained, your husband’s mother is a definite heir but his siblings inherit only if he has no children and no father.
If you contribute to the property together, it would be better to have it in both names together on any percentage that you like between yourselves.
According to the Shari`ah, parents of a person always inherit whether the deceased is male or female and whether they left children or not.
If the deceased left at least one male child or no children but a father, no siblings inherit at all.
Allah Almighty knows best.
Editor’s note: This fatwa is from Ask the Scholar’s archive and was originally published at an earlier date.