Share of daughter in inheritance
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
If a man or woman has only one (living) daughter at the time of death, no living ascendents or descendents, but has (living) brothers and sisters, how shall his property be distributed in view of an `Ayat` or authantic `Hadeeth` clearly describing the issue?
(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)
Share of daughter in inheritance
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 11-14:
11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.
12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.
13 Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.
14 But those who disobey Allah and His Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment.
The legal heirs of any deceased whose shares are specifically prescribed by Allah Subhanah are:
- Ones father
- Ones mother
- Ones spouse
- Ones son/s
- Ones daughter/s
The share of the daughter in the wealth of her deceased father depends on who else amongst the legal heirs of her father were alive at the time of her fathers death.
In the situation where the deceased is survived only by his daughter/s (ie. his parents and his wife died before him and he had no sons or they died before him).then, if only one daughter, her share is or 50% of the wealth left behind by her father.The balance will be distributed to the other surviving heirs like the brothers/sisters of the deceased, etc.
After ones death, first and foremost the will of the deceased will be determined, then the outstanding debts of the deceased will be honored, and then the rest of the wealth of the deceased will be shared by the legal heirs as prescribed by Shariah.
To Answer your specific question:
If a man or woman dies leaving a daughter only and brothers and sisters of the deceased then the property should be disbursed as follows:-
50% after all debts of the deceased are cleared goes to the daughter
the other 50% is to be divided between the brothers and sisters as follows:-
each brother (male) is to receive double the share of the sister (female)
which means, say the 50% amount of the brothers and sisters equals to US$ 1000.00 and there is 1 brother and 1 sister only. The disbursement should be made as follows:-
US$ 1000.00 is to divided into 3 equal shares of US$ 333.33 each.
Brother (male) to receive 2 shares = US$ 666.66
The Sister (female) to receive 1 share = US$ 333.33
similarly if there are 2 brothers and 3 sisters left of the deceased then the 50% amount of US$ 1000.00 to be divided in 7 shares of 142.85 each and distributed as follows:-
Each male (2) will get 2 shares each of US$ 285.71 (142.85x2) x2 = 571.40
Each female (3) will get 1 share each of US$ 142.85x3 = 428.55
(round off) TOTAL:- US$ 999.95
We hope to receive your understanding. If by chance you need any more clarifications, please let us know exactly how many brothers and sisters the deceased was survived by and we will try to explain the distributions in a better way.
If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws), one can be assured of never ever being misled; but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is only ones. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,
Members of Islamhelpline