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:

Assalamu alikum,

what is the share of a daughter in his father's wealth? imean what should be the fathers will (wasiyat) regarding his daughters. how much share should they get.

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Answer:

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.

Your Question: what is the share of a daughter in his father's wealth?

The legal heirs of any deceased whose shares are specifically prescribed by Allah Subhanah are:

1. One’s father
2. One’s mother
3. One’s spouse
4. One’s son/s
5. One’s 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 father’s death.

For example, if the deceased is survived by his father, his mother, his wife, one son and one daughter, and assuming that the total wealth left behind by the deceased was 100,000.00….the distribution of the wealth according to Shariah will be as follows:

1. The father of the deceased will receive 1/6^th or 16.67% or 16,666.67
2. The mother of the deceased will receive 1/6^th or 16.67% or 16,666.67
3. Her wife of the deceased will receive 1/8^th or 12.50% or 12,500.00
4. The balance (100,000.00 – 16,666.67 -16,666.67 – 12,500.00) 54,166.66 will, in this situation, be divided into three equal parts (18,055.55), and the son will receive twice the share of the daughter. Thus the daughter in this situation will receive 18,055.55 and the son will receive (18,055.55 x 2) 36,111.10.

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 ½ or 50% of the wealth left behind by her father; and if two or more daughters, they will equally share 2/3rds or 66.66% of the wealth left behind by their father. The balance will be distributed to the other surviving heirs like the brothers/sisters of the deceased, etc.

Thus sister, if you could let us know who exactly amongst the legal heirs were alive at the time of the death of your father, we would give you the exact shares of each heir in light of the Shariah Law, Insha Allah.

Your Question: imean what should be the fathers will (wasiyat) regarding his daughters. how much share should they get.

One is well within one’s rights in Shariah to write or dictate a ‘will’ before their death if they wish to do so, but a few basic guidelines must be honored:

1. Because the exact shares of each of one’s legal heirs are prescribed by Allah Subhanah, one cannot add or subtract or bequeath any property to their legal heirs in their ‘will’.
2. One is at absolute liberty to bequeath upto a maximum of 1/3^rd of their property to any person or institution one wills and pleases, except one’s legal heirs.

Malik related from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah (saws) came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'O Messenger of Allah (saws), you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as ‘sadaqa’?' The Messenger of Allah (saws) said, 'No.' I asked 'Half?' He (saws) said, 'No.' Then the Messenger of Allah (saws) said, 'A third, and a third is a lot.’”

After one’s 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.

The father is well within his rights in Islam to make or dictate a ‘will’ and bequeath an absolute maximum of upto 1/3^rd of his wealth to anyone he wills and pleases except his legal heirs, if indeed he wishes to do so…but because his daughter is amongst his legal heirs whose share is prescribed in Shariah, it would not be lawful for the father to add or subtract to the share of his daughter or any of his other legal heirs.

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 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