Inheritance of a daughter whose only sister died before her father

27-12-2009 | IslamWeb

Question:

if one daughter is dead and the other alive, how is their fathers property to be distributed---according to the shariah or indian law, in which the daughter is entitiled to equal share like the sons?

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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.

 

It is not possible for us to clarify how the inheritance of the man whom you mentioned in the question should be divided as long as we do not know all his heirs and as long as he is still alive, as an heir might die and another might be born. Nonetheless, what we may say is that the share of the daughter in the inheritance is half the share of the male as Allaah Says (what means): {Allaah Instructs you concerning your children: for the male, what is equal to the share of two females.} [Quran 4:11] For more benefit, refer to Fatwa 90126.

Finally, the Indian law or any other law must not be taken into account if it is contrary to the Sharee’ah of Allaah, as it is not permissible to act according to a law that contradicts the Sharee’ah of Allaah.

Allaah Knows best.