Division of inheritance among a wife and 5 daughters

15-3-2014 | IslamWeb

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 5 (A wife) Number 1

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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.

If the deceased did not leave any heirs besides those mentioned in the question, then his daughters get two-thirds as their legal share as Allaah says about the existence of many daughters (what means): {But if there are [only] daughters, two or more, for them is two thirds of one’s estate.}[Quran 4:11]

His wife gets one-eighth as her legal share due to the existence of the children of the deceased; 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]

The remainder is to be given to the daughters as there is no other heir who is entitled to take it, and is to be divided amongst them equally.

Therefore, the inheritance should be divided into 40 shares: the wife gets one-eighth, which is 5 shares, and each daughter gets 7 shares as their legal share along with the share that is given back to them [after the division of the inheritance] because of there being no other heir who is entitled to it.

Allaah Knows best.