What happens to balance inheritance if girls?
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:
Thank you for your work.
Regarding Inheritance Issues:
In one of your answers it is
stated:
(Holy Quran, Ch 4, Verse 11):
"if only daughters two or more then their share is 2/3 of inheritance; if
only one her share is 1/2.".
What happens to the balance
?.
(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.)
Answer:
What happens to balance inheritance if girls?
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 no one (no idol, no person, no
grave, no prophet, no imam, no dai,
nobody!) worthy of worship but Allah Alone, and we bear witness that
Muhammad(saws) is His slave-servant and the seal of His Messengers.
In Islamic Fiqh or Jurisprudence terminology, there are two types of legal heirs:
One, which are called ‘Ashabul Faraiz’ or the ones whose inheritance percentage has been specifically declared by Allah Subhanah.
And the other are the ‘warith’ or the other legal heirs of the deceased; who will only receive their inheritance after the shares of the ‘Ashabul Faraiz’ are allocated and there is a balance left in the inheritance.
(Holy Quran, Ch 4, Verse 11):
"if only daughters two or more then their share is 2/3 of inheritance; if
only one her share is 1/2.".
Your Question: What happens to the balance ?.
If a person dies, and his only off-spring is a daughter or daughters; the daughters will be given their share of ˝ or 2/3rd (if more than one daughter) as decreed in the Quran, and the balance amount will be distributed to the nearest in blood relation amongst the other surviving heirs of the deceased; could be the mother or father of the deceased, and in their absence brothers or sisters of the deceased, and in their absence uncles and aunts of the deceased, and so on until the furthest blood relationship heirs.
Example 1: Share of inheritance if the deceased is
survived by one daughter and one brother, and no one else.
The daughter will receive ˝ of the inheritance, and the full balance or the other ˝ will go to the brother of the deceased.
Example 2: Share of inheritance if the deceased is
survived by two daughters and the father, and no one else.
The two daughters will equally share 2/3rds of the inheritance, and the balance 1/3 will go to the father of the deceased.
Example 3: Share of inheritance if the deceased is
survived by one daughter and the grand father of the deceased, and no one else.
The daughter will receive ˝ of the inheritance, and the grand-father will receive the balance or other ˝.
Example 4: Share of inheritance if the deceased is
survived by one daughter, father, brothers, sisters, and uncles.
The daughter of the deceased will receive ˝ of the inheritance, and because the father of the deceased is the nearest blood relative he will receive the other half. Because the father of the deceased is alive, the brothers, sisters, uncles or any other heir will not receive anything from the inheritance.
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.
Your
Brother in Islam,
Burhan
Wister