Division of inheritance among a husband and 2 daughters

15-12-2014 | IslamWeb

Question:

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A husband) -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 2 - Additional information : property is a flat, given to deceased by her parents

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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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

If a woman dies and leaves behind a husband and two daughters and she did not leave any other heirs, then her husband gets one-fourth of the inheritance as his legal share due to the existence of direct heirs (children) as Allaah says (what means): {But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt.} [Quran 4:12]

Her two daughters get two-thirds (that should be distributed equally between them) as it is confirmed that the Prophet, sallallaahu ‘alayhi wa sallam, gave the two daughters of Sa‘d ibn Ar-Rabee‘ two-thirds. [Ahmad, Abu Daawood and At-Tirmithi] Ibn Al-Munthir said: “The scholars  unanimously agreed that the two daughters get two-thirds.”

The remainder should also be given to the two daughters.

Therefore, the inheritance – the flat – should be divided into 8 shares. The husband gets one-fourth, which is 2 shares, and the remainder will be given to the two daughters as their predetermined shares in addition to their share from the residue of the whole estate as there is no other heir to take it.

Allaah Knows best.