);">

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

17

Sep

2020

What is an estate plan?

  A standard estate plan includes a Will, a healthcare directive/living will, and a durable power of attorney. A will is not complicated or expensive. You do not need to be rich to have a will. Even if you have minimal assets, a will ensures your property is distributed according to your wishes, you select your burial wishes, appoint guardians for minor children, select the person you trust to manage your affairs after your death, and so much more. A will does not cover all your assets. Any asset that you own with a pre-selected beneficiary - like insurance policies naming your spouse or your children as beneficiaries, or a retirement account naming your spouse as a beneficiary, or a property you own with another person with the right of survivorship - passes directly to your selected beneficiary outside of the will. The will covers all other assets that form your estate. In your durable power of attorney (POA) you appoint an agent to act on your behalf when you are unable to do so yourself. The POA gives your agent the power to transact real estate, enter into financial transactions, and make other legal decisions as if he or she were you. This type of power of attorney terminates at your death and you are free to revoke this type of POA at any time prior to death. A health care directive/ living will designates another individual (typically a spouse or family member) to make important healthcare decisions on your behalf in the event of incapacity. Of course, you should select someone you trust, who shares your views, and who would likely recommend a course of action you would agree with to act as your power of attorney and health care agent. They do not have to be the same person. As with all appointments, a backup or alternate guardian, power of attorney and/or health care agent should be named as well. Absent these designations, a court will appoint a person to handle your affairs. With a standard estate plan (a Will, a healthcare directive/living will, and a durable power of attorney) your financial and non-financial end of life affairs will be in order and according to your wishes and you protect your family.

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.