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Fatwa CenterInheritance of wife and one daughter
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information ۞-Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A wife) Number 1
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
If the deceased did not leave any other heirs except those mentioned in the question, then his wife gets one-eighth of the inheritance as her legal share due to the existence of the child of the deceased as Allaah Says (what means): {But if you leave a child, then for them [i.e. the wives] is an eighth of what you leave, after any bequest you [may have] made or debt.}[Quran 4:12]
His daughter gets a half as her legal share as Allaah Says about the existence of only one daughter (what means): {And if there is only one [daughter], for her is half.}[Quran 4:11]
The remainder should be given back to the daughter for the general meaning of the Hadeeth in which the Prophet said: “…Whoever leaves wealth [after his death], it is for his heirs.” [Al-Bukhari and Muslim]; but it will not be given back to the wife.
Hence, the inheritance should be divided into 8 shares, the wife gets one-eighth, which is one share as her prescribed share, and the daughter gets 7 shares: 4 shares as her legal share and 3 shares are given back to her as there is no other heir who is eligible to inherit them.
Allaah Knows best.
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