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If a father dies leaving only daughters behind and wife without any son.how the wealth and property of the husband to be shared with.

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:

dear brother


assalamualaikum.
if a father dies leaving only daughters behind and wife without any son.how the wealth and property of the husband to be shared with.


do the daughters and wife get share or all the wealth goes to the brother of the father who died.

please give some quotes from quran.


thankyou.

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Answer:

 

Inheritance no sons

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.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa 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 Apostle 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 Apostle and transgress His limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment.

 

Your Question: if a father dies leaving only daughters behind and wife without any son.how the wealth and property of the husband to be shared with.

In light of the above guidance of the Glorious Quran, the prescribed shares of each legal heir if one dies and leaves behind only (2 or more) daughters and a wife would be:

 

The wife would inherit 1/8th of the wealth of her deceased husband.

The daughters (2 or more) would share 2/3rds of the wealth equally amongst them.

 

The balance amount would be inherited by the father of the deceased; if no father, then the balance will be distributed amongst the brothers and sisters of the deceased with the brothers getting twice the share of the sisters, if no brothers and sisters, then the balance will be distributed amongst the uncles and aunts, if no uncles and aunts, then the balance will be inherited by the off-spring of the uncles and aunts, and so on.

 

Your Question: do the daughters and wife get share or all the wealth goes to the brother of the father who died.

The daughters and the wife of the deceased will get the exact prescribed share; ie. 2/3rds to the daughters if two or more, and 1/8th to the wife. The balance will be inherited by the other closest heirs of the deceased.

 

If the father or mother of the deceased are alive they will inherit the balance and the brothers or sisters of the deceased will not receive anything. The brothers or sisters of the deceased will only inherit if the father and the mother of the deceased died before the deceased.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

 

Burhan

 


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