Wed 23 Jm2 1435 - 23 April 2014
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What is the daughter’s share of inheritance?

does a daughter have a right in her mothers property if yes what is her share please comment

Praise be to Allaah.

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. Allaah says (interpretation of the meaning):

“…if only one, her share is a half…”

[al-Nisaa’ 4:11]

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

“…if (there are) only daughters, two or more, their share is two-thirds of the inheritance…”

[al-Nisaa’ 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. Allaah says (interpretation of the meaning):

“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”

[al-Nisaa’ 4:11]

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 sharee’ah. And Allaah knows best. May Allaah bless our Prophet Muhammad.

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. Allaah says (interpretation of the meaning):

“…if only one, her share is a half…”

[al-Nisaa’ 4:11]

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

“…if (there are) only daughters, two or more, their share is two-thirds of the inheritance…”

[al-Nisaa’ 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. Allaah says (interpretation of the meaning):

“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”

[al-Nisaa’ 4:11]

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 sharee’ah. And Allaah knows best. May Allaah bless our Prophet Muhammad.

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid
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