Division of inheritance if deceased left two daughters only

3-12-2015 | 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 2

---

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 entitled to inherit except those mentioned in the question, namely two daughters, then they are entitled to two-thirds of the estate, as the Prophet allocated two-thirds for the two daughters from the inheritance of Saʻd ibn Ar-Rabeeʻ as highlighted in Fatwa 125596.

If the deceased has no other heirs and there is no Bayt-ul-Maal (public treasury) as is the case in the present time, the remaining third is to be divided equally between the two daughters, under the principle of Radd (i.e. division of remainder). Please refer to Fatwa 259390.

Thus, each daughter gets half of the estate as a fixed share and under the principle of Radd.

It should be noted that the division of inheritance is a serious and complex matter. It does not suffice to settle for a Fatwa, which is formed based on the information provided by the questioner. Instead, you should refer the case to a legitimate Islamic court for investigation. There may be other heirs who will not be discovered without careful investigation. Moreover, the deceased may have left a will or been liable to debts or other obligations and liabilities which the heirs are not aware of. It is well-known that the settlement of debts and other liabilities are given precedence to the heirs' rights to their shares of the estate. Therefore, you should not divide the estate without referring the case to an Islamic court, if any exists, in order to secure the interests of both the living and the dead.

Allaah Knows best.