Tuesday 10 Muḥarram 1446 - 16 July 2024
English

What Is the Share of Daughters in Inheritance?

12911

Publication : 22-06-2001

Views : 193018

Question

Does a daughter have a right in her mother’s property? If yes, what is her share? Please comment.

Summary of answer

If a daughter inherits – whether from her mother or her father – her share of the inheritance may vary according to the situation; please see below for details.

Praise be to Allah.

 Daughter’s share in inheritance

If a daughter inherits – whether from her mother or her father – her share of the inheritance may vary according to the situation:

1 – If the daughter is an only child, i.e., she has no brothers or sisters (i.e., heirs who are descendents), then she has a half of the legacy of the deceased. Allah says (interpretation of the meaning): “…if only one, her share is a half…” [al-Nisa 4:11]

2 – If there is more than one daughter – two or more – and the deceased has no male children, then their share is two-thirds. Allah says (interpretation of the meaning):

“…if (there are) only daughters, two or more, their share is two-thirds of the inheritance…” [al-Nisa 4:11]

3 – If there are other male heirs who are descendents of the deceased (one or more), then they are to be given the remainder after each person who is entitled to a share has been given that share. Her share is equal to one-half of her brother’s share (“to the male, a portion equal to that of two females”), whether they are two or whether the children include both males and females. The male takes a share equal to that of two females. Allah says (interpretation of the meaning):

“Allah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females” [al-Nisa 4:11]

Depriving women of inheritance

These are the shares which have been decreed by Allah. So it is not permissible for anyone to change any part of them, or to deprive an heir , or to bring in anyone who is not an heir, or to deprive an heir of any part of his inheritance or to give him more than the share allotted to him by Shari`ah.

For more, please see this category: Inheritance and distribution of the estate

And Allah knows best.

Was this answer helpful?

Source: Sheikh Muhammed Salih Al-Munajjid