Division of inheritance for those who have daughters only: the correct method according to Islamic law

Our Islamic religion is a great religion in which God has blessed us with innumerable blessings, and among these blessings is that Islamic law has preserved human rights from loss and destruction, so God has legislated for us the inheritance and explained to us the share and the right of every individual, man or woman, young or old, just as the law preserved

The rights of daughters and I took care of them, so whoever dies and leaves daughters, do not fear for them because their rights are preserved under our true religion.

In this article, we will shed light on the inheritance share of daughters, the division of inheritance for those who have daughters only, and the share of women in general in Islamic inheritance, so follow us.

How to divide the inheritance between boys and girls?

Whoever dies and leaves behind sons, sons, and daughters, the estate shall be divided among them as follows:

• If the brothers are male and female, then the male gets the share of the two females, i.e. he takes twice as much as the female.
• And if she is one and there is no brother, then she has half.
• If they are two or more, they have two-thirds of the estate.

The Islamic scholars are also unanimously agreed that the brother through the father or the mother has a share of the estate, all the money, just as they have unanimously agreed that the brothers and sisters of the father do not have a share of the estate with the brothers and sisters through the father and mother, but they take their place in the event of their absence.

How to divide the inheritance for daughters?

The division of inheritance for those who have daughters only is as follows:

The daughter inherits by agnate in the event that there are male brothers, and her share, as Sharia says, for the male is like the share of the two females. If someone dies, for example, and leaves behind a wife, a son and a daughter, the wife gets one-eighth, and the rest is divided between the boy and the girl, whereby the boy has twice the daughter’s share.

The daughter also inherits obligatory if there is no brother, for example, he died and left behind a wife, a daughter, and an uncle. The wife gets one-eighth, and half goes to the girl because she does not have a brother, and the uncle takes the rest.

And in the event that there is none of the owners of the hypotheses or the rest after the owners of the hypotheses, then in this case

They inherit the entire estate

And if they are more than two daughters and they do not have a brother, then he takes that two-thirds of the estate, and in the event that the girl is the only one, she takes half of the estate, as we mentioned.

The daughter’s share of the inheritance

Inheritance is divided for those who have daughters only, as follows:

The daughter, if she is single and does not have any male brothers, takes half of the estate.

As for the daughter-in-law, she takes half, but with the condition:

• If she does not have any male brothers of the same age or a cousin as well, and also on the condition that no one shares the estate with her, whether it is a sister or a cousin of the same age.
• The absence of a person higher than her in rank has the right to inheritance.
• But if they are two or more, they share two-thirds of the estate.
• Also, the deceased person should not have children from his loins, in which case she will have half.
• It also gives the daughter half of the brother’s inheritance also if the brothers are male, or if the sons inherit the inheritance of the deceased father.

Shares of women in the Islamic inheritance

Islam preserved women’s rights, but added to that that it distinguished them as well. The matter is not limited to the fact that she only has half of the man, but sometimes it goes beyond the matter to inherit more than him, and there are four cases of women’s inheritance:

The woman’s right to inheritance is half of the estate:

This is in the event that those who have the right to the estate of the deceased are the daughter of the deceased with his son, or the daughter of the son with the son of the son, and also in the case if the deceased had a full sister with a full brother, and in the case of a paternal sister with a paternal brother, these are the four cases that inherit In which the girl is half the man.

The right of a woman to inheritance is similar to that of a man, but with three conditions:

• If a person dies and leaves behind a daughter with a father, then the daughter’s right to inheritance here is half of the estate of the deceased, while the father’s share is one-sixth of the estate with the rest of the estate, meaning that he takes the remaining half of the estate after the daughter’s right.
• If a person dies and leaves behind a daughter with a son, then the daughter’s right to inheritance is half of the estate as well, and the son of the son here takes what is left of the estate by inheritance, and in this case the remainder of the estate is half and here the share of the daughter is equal to that of the son
• If a person dies and leaves behind only his daughter and one brother, then the daughter in this case takes half of the estate, and the brother in this case is an agnate to the daughter, so he takes the rest of the estate agnately, and the remainder here is half of the estate of the deceased, so the two shares are equal in this case as well.

That the woman’s right to the estate be more than that of the man, but under three conditions:

•   If a person dies and leaves behind a mother or father and a daughter, then in this case the daughter takes half of the estate and the mother and father one-sixth, so the daughter, in this case, takes more than her grandfather’s share in the estate.
• If a person dies and leaves behind him one daughter and ten brothers, then the girl’s right here is half of the estate, and the ten brothers take the rest by gangs, i.e. they will divide among themselves the remaining half of the estate, so the girl, in this case, has taken more than the share of the brothers in the estate.
• If a person dies and leaves behind him two daughters and three uncles, then the right of the two daughters’ share in the estate is two-thirds of the inheritance, and the uncles take the rest from the estate by affinity, i. only girls.

For women to have the right to inherit and ban men from inheriting:

And that is in the case if the person dies and leaves behind him a daughter, a paternal brother, and a full sister, so the right of the daughter in the estate is half, and the full sister with the daughter takes the remainder by blood ties, and the maternal brother, in this case, withholds from the inheritance due to the presence of the daughter with the full sister, and this proves that the right of the daughters is not lost, And the division of inheritance for those who have daughters only is like this, and in most cases they take the largest share, and men also do not inherit with them in some issues, as we mentioned.

How to divide the inheritance among the husband or wife

The jurists differed and their opinions abounded in the case of the wife participating with the parents in the inheritance.

With regard to the inheritance of the spouses:

•    The wife inherits a quarter of her husband’s estate if she does not have a child, and she inherits one-eighth if she does not have a child.
•   As for the husband, he inherits half of the estate, provided that the wife does not have a child, and he has a quarter of the estate if he has a child.

Cases in which the full brother or sister does not inherit

As for the cases in which the full brother does not inherit, there are many:

• If the grandfather, father or son attended the estate.

For example, if a person dies and leaves behind him a father, a mother, and a daughter, then the mother’s share in this case is one-sixth of the estate. As for the father, he takes one-sixth, and the rest is agnate, and the daughter’s right is one-third of the estate, and the half-brother is excluded from the inheritance due to the presence of the father.

• There are five cases in which the brother withholds the father from the inheritance, which are:
• In the case of the presence of the father, grandfather, full brother, sister, or son, in the event that any of them is present, the paternal brother is excluded.
• The full sister is also excluded from the inheritance in the presence of the father, grandfather or son.
• The paternal sister is excluded from the inheritance, in the case of the presence of the father, the son, or the full brother, and also in the case of the presence of the grandfather, the son of the son, or the sister, if she has a brother with her, or the number of the brothers is more and they participate in the two-thirds.

Thus, we have mentioned the method of dividing the inheritance for those who have daughters only, and how Islam preserves the woman’s full rights, as she takes more than the share of the man and is not limited to the fact that she only has half of the man’s inheritance, as some claim that Islam did not care about women and their rights.

  How is that when sometimes she inherits and the man does not inherit anything? Our Islamic law is fair and no one’s right is ever lost. We also note that dividing the inheritance for those who have daughters only is not an easy matter that requires careful research and abundant knowledge, and here we have talked about some of the issues that revolve About the division of inheritance for those who have daughters only.

If you have advice on inheritance issues or a related personal status issue, you can contact the personal status and inheritance law experts at Al-Othman Law Firm.