);">

I only have daughters. Can they inherit my entire estate when I die?


February 8, 2020

It depends on which opinion you want to follow.

If both a son and daughter survive, the son and the daughter take the balance of the estate after the prescribed shares. The presence of the son blocks brothers, nephews, and uncles from inheriting. But if only a daughter survives, she will take her prescribed share and the brothers, nephews, or uncles take the balance of the estate by taʿsīb.

The opinion that a daughter—unlike a son—does not block your siblings is based on a tradition in Ṣaḥīḥ al-Bukhāri. It says that the prophet said whatever remains in the estate after the distribution of the prescribed shares should be distributed to the closest male relatives.

A daughter is a prescribed-share heir if she does not have a brother. She becomes a residuary heir, taking by taʿsīb as a derivative of another (ʿaṣaba bi ghayrihā), if she has a brother. The scholars read this tradition to mean that after the daughter takes her prescribed share in the case of no brothers, the balance of the estate goes to the closest male relatives by taʿsīb. This is the mainstream majority position.

But there is a modern opinion based strictly on the Qur’an that holds a daughter—like a son—will block siblings. This means if only daughters survive, then after the prescribed shares, daughters will take the balance of the estate by taʿsīb.

This opinion is supported by verse 176 in surat al-Nisa which says: “If a man dies leaving no issue, but has a sister, her share is half of what he leaves, and he inherits her if she has no issue” (4:176). In this verse, siblings only inherit if the decedent has no issue, meaning the decedent had no children. The modern opinion reads this verse to mean that a daughter would be able to take the balance of the estate like a son.

In the end, you have to decide which reading is closer to your understanding of the Qur’anic moral message and authorities. Allah Knows Best.

Use our proprietary scholar-approved Islamic INHERITANCE CALCULATOR software to discover your Islamic heirs and their shares.



The content posted on the Shariawiz website, including the halaqa, is for educational purposes only and should not be considered as the rendering of legal advice. Shariawiz is an online service that provides legal information, legal forms, and information about Islamic inheritance rules and estate planning. Shariawiz is not a law firm and is not a substitute for the advice of an attorney. Use of the Shariawiz website is subject to our Terms of Service and Privacy Policy. If you need personalized legal advice, hire an attorney.

Latest Articles:

11

Jan

2020

I am an American Muslim. Does the Sharī‘a require me to have a will?

[embed]https://www.youtube.com/watch?v=ZyzVXkddFsg[/embed]   Many Muslim scholars living in the United States suggest that American Muslims are obligated to have an Islamic will, because without one, the estate will be divided according to non-Islamic laws. If you leave a surviving spouse and you did not leave a will, your parents, for example, would not inherit, under many state intestacy laws. According to Sharī‘a, a will that leaves a bequest is either obligatory, recommended, disliked, or prohibited, depending on the circumstances. The obligatory bequest is one you must make. An example of this is when you owe someone a debt, but no one knows about this debt except you and the creditor. In this case, you must include the debt in your will. Another example is if you are wealthy and have poor relatives that are not eligible Sharī‘a heirs; you are obligated to leave them something. The recommended bequest is one you should strongly consider. For example, if your Islamic heirs and relatives are wealthy and not in need, leaving part of your estate for charity is recommended. The disliked bequest is not recommended. For example, if your estate is not large, your Islamic heirs and relatives are poor, and you leave part of your small estate to non-Islamic heirs, the scholars concluded such a bequest is disliked, because it will create hardship for your family. The prohibited bequest is not allowed under Sharī‘a. For example, it is prohibited to leave more than 1/3 of your estate to non-Islamic heirs or to give an Islamic heir more than his or her share as stated in the Qur’an. This is based on the famous Hadith of the Prophet that says “there shall be no bequest to an Islamic heir.” Unlike the Sunni opinion, the Ja‘fari (Shia) school permits a bequest to an Islamic heir as long as it does not exceed 1/3 of the estate. To summarize, if you want your estate to be distributed according to the Sharī‘a, you must have an Islamic will. Use our ISLAMIC WILL software to prepare your own customized Islamic estate plan that is legally valid for your state.

Read More

08

Jan

2020

What does the Qur’an say about wills? Does the Sunna mention wills?

[embed]https://www.youtube.com/watch?v=ZyzVXkddFsg[/embed] Yes, the Qur’an and the Sunna both cover wills. In the Qur’an, Allah directed Muslims to make a will: “It has been ordained upon you, when death is near one of you, leaving wealth behind, to make a will in favor of parents and close relatives, impartially. This is incumbent upon the pious” (2:180). Allah also says: “When death draws near one of you... it is time to make a bequest” (5:106). God also explained that you must deduct any bequests and debts from your gross estate before distribution to Islamic heirs (Qur’an 4:11). The Sunna has many traditions about wills. The collections of Hadith, including Ṣaḥīḥ Muslim and Ṣaḥīḥ al-Bukhāri, report that the Prophet Muhammed (PBUH) said: “It is not permissible for any Muslim who has something to will to stay for two nights without having his Last Will and Testament written and kept ready with him.” Check our other frequently asked questions below for more information about specific Sharī‘a inheritance rules and answers to numerous real-life Sharī‘a inheritance questions. You can also use our software to check how your estate will be distributed to your heirs or customize your own Islamic estate plan that is legally valid for your state.

Read More

© Shariawiz.com, LLC. All rights reserved. Shariawiz is an online service that provides legal information, legal forms, and information about Islamic inheritance rules. Shariawiz is not a law firm and is not a substitute for the advice of an attorney about complex estate planning. Use of this website is subject to our Terms of Service and Privacy Policy.