Islamic Inheritance Shares for Daughter and Two Granddaughters
In this case study, two key sharers, namely a daughter and granddaughters, are involved. Both daughters and granddaughters are entitled to a prescribed or fixed share. We explore the various categories of sharers and examine the application of Islamic Inheritance and Quranic laws in the estate distribution process between them.
Prescribed sharers (Al Faraid)
Understanding Prescribed Sharers in Islamic Inheritance
Prescribed sharers in Islamic inheritance are individuals who are designated by Islamic law to receive fixed shares of the deceased’s estate. These shares are determined based on specific relationships and are aimed at ensuring equitable distribution of assets among heirs. Explore the rules and principles governing prescribed sharers in Islamic inheritance.
The Role of Prescribed Sharers in Islamic Inheritance
Prescribed sharers play a crucial role in the inheritance distribution system outlined in the Quran. Learn about the hierarchy of prescribed sharers, including spouses, children, parents, siblings, and more. Discover how these individuals are entitled to inherit specific portions of the estate and the significance of this system in Islamic law.
Daughter’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a daughter is determined by several factors, including the presence or absence of sons and the number of daughters. The rules for the daughter’s share are based on Islamic principles which are as follows:
Daughter’s Share when there is Only One Daughter and No Sons
When the deceased person has only one daughter and no surviving sons, the daughter is entitled to receive half (1/2) of the estate. This is based on the Quranic verse [Surah AnNisa 4:11].
Daughters’ Share when there are Multiple Daughters and No Sons
When the deceased person has multiple daughters but no surviving sons, the daughters collectively inherit two-thirds (2/3) of the estate which will be divided equally among all daughters. This is also based on the Quranic verse [Surah AnNisa 4:11].
Daughters’ Share When There Are Sons
When there are surviving sons, daughters would be residual sharers and not the prescribed sharers. In this case, daughters receive half (1/2) of what sons receive. In other words, daughters get half the share of their brothers. This is based on the principle of the Quranic verse [Surah AnNisa 4:11].
For example, if there is one daughter and one son, the daughter would receive one-third (1/3) of the inheritance, while the son would receive double, which is two-thirds (2/3) of the inheritance.
Concluded Share of the daughter:
In this scenario, the deceased left only one daughter, so, she is entitled to receive a prescribed share of half (1/2) of the total estate.
Daughter’s Share = 50% of the estate
Granddaughter’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of a granddaughter (from a son only) is determined by several factors, including the presence or absence of sons and daughters, as well as the number of grandsons and granddaughters from a son. The granddaughter’s share is calculated based on the specific circumstances of the deceased. Here are the different scenarios and the corresponding shares:
The granddaughter will receive 1/2 if all the following conditions are met
- The deceased has only 1 granddaughter from a son, AND
- The deceased does not have a son, AND
- The deceased does not have a daughter, AND
- The deceased does not have a grandson from a son
In this case, the deceased has only one granddaughter from a son and no sons & daughters, and no grandsons from a son, the granddaughter is entitled to receive half (1/2) of the total estate. This means the granddaughter’s share is 50% of the estate.
Granddaughters will receive 2/3 if all the following conditions are met
- The deceased has multiple granddaughters from a son, AND
- The deceased does not have a son, AND
- The deceased does not have a daughter, AND
- The deceased does not have a grandson from a son
If the deceased has multiple granddaughters from a son and no sons & daughters, and no grandsons from a son then in this case, granddaughters are entitled to receive two-thirds (2/3) of the total estate. This means the granddaughter’s share is 66.67% of the estate which will be divided equally among all granddaughters.
Granddaughters will receive 1/6 if all the following conditions are met
- The deceased has one or multiple granddaughters from a son, AND
- The deceased has just one daughter, AND
- The deceased does not have a son, AND
- The deceased does not have a grandson from a son
If the deceased has just one daughter, no sons, and no grandsons from a son, in this case, granddaughters (from the son only) are entitled to receive one-sixth (1/6) of the total estate. This means the granddaughter’s share is approximately 16.67% of the estate which will be divided equally among all granddaughters.
Granddaughters will receive Residual Shares if all the following conditions are met
- The deceased has granddaughters & grandsons from a son, AND
- The deceased does not have a daughter, AND
- The deceased does not have a son
When there are surviving grandsons, the granddaughter would be the residual sharer and not the prescribed sharer. In this case, the granddaughter would get half (1/2) of what the grandson receives. In other words, granddaughters get half the share of their brothers. This is based on the principle of the Quranic verse [Surah AnNisa 4:11].
For example, if there is one granddaughter and one grandson, the granddaughter would receive one-third (1/3) of the inheritance, while the grandson would receive double, which is two-thirds (2/3) of the inheritance.
Concluded Share of the Granddaughters:
In this scenario, the deceased left only one daughter, so, granddaughters are eligible for a prescribed share of one-sixth (1/6) of the total estate.
Granddaughters’ Share = 16.667% of the estate
Calculation steps performed in this case study:
- Daughter gets the prescribed share of 1/2 (Rule 3a).
- Granddaughters get the prescribed share of 1/6 (Rule 4c).
- Distribute the remaining shares according to relative priority (Rule 14)
- Some shares are remaining to be distributed. Shares should now be increased proportionally among all heirs except the spouse (Rule 19).
Recalculation of shares:
In this scenario, the total of prescribed shares allocated to the daughter and granddaughters adds up to 2/3 of the estate. This is demonstrated by the equation (1/2 + 1/6) equating to 2/3. However, there remains an unallocated share of one-third (1/3). Unfortunately, there are no remaining heirs entitled to receive this remaining share of 1/3. As a result, we adjusted the shares of the existing heirs, increasing them proportionally, except for the spouse.
You can observe the proportional increase in the shares, as follows:
Daughter share = 1/2 => 3/4
Granddaughter’s share = 1/6 => 1/4
Shares by Category:
Relative Category | Share Fraction | Share Percentage |
---|---|---|
Daughter | 1/2 = 3/6 => 3/4 | 75% |
Granddaughters | 1/6 = 1/4 | 25% |
Total | 4/4 | 100% |
Shares by Individual:
Relative | Share Fraction | Share Percentage |
---|---|---|
Daughter | 6/8 = 3/4 | 75% |
Granddaughter 1 | 1/8 | 12.5% |
Granddaughter 2 | 1/8 | 12.5% |
Total | 8/8 | 100% |