Inheritance Query – Mother and One Daughter

· 10 Dhuʻl-Hijjah 1445 AH1 min readFatwa 6829-0056English
Death, Wills & Inheritance
The Arabic/Urdu references below were extracted from a PDF printout and may contain letter-order artefacts. Check the original for exact wording.

Question

A lady is survived by

Mother

1 daughter

1 daughter’s son

1 daughter’s daughter

1 brother from the same mother

No other Muslim relatives at all

Answer

As salām ʿalaikum wa raḥmatullāhī wa barakātuhū

In the Name of Allāh, the Most Gracious, the Most Merciful.

DISCLAIMER

- The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

- Madrasah Urwah bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

- This answer may not be used as evidence in any Court of Law without prior written consent of the Madrasah

According to the Islamic Law of Succession and Inheritance, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs – which will not exceed one-third (1/3) of the Estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the Nett Estate and will have to be distributed according to the Islamic Law of Succession and Inheritance.

We have been advised that the deceased is survived by a mother, one daughter, one daughter’s son, one daughter’s daughter, one uterine brother (same mother different father).

According to the Islamic laws of succession and inheritance, the estate will be divided into 4 shares as follows:

Beneficiary Share Percentage

Mother 1 25%

Daughter 3 75%

Daughter’s son – –

Daughter’s daughter – –

Uterine brother – –

Total 4 100%

And Allāh Taʿālā knows best.

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