Islamic Inheritance Shares for Son and Two Daughters
In this case study, two key sharers, namely a son and two daughters, are involved. The son and daughter receives a residual 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.
Residual Sharers
In Islamic inheritance law, the concept of residual sharers plays a crucial role in ensuring the equitable distribution of an estate among heirs. Residual sharers are those individuals who inherit from what remains of the deceased’s estate after the primary sharers have received their designated shares.
Residual sharers are typically close relatives, such as male offspring, male ancestors, and male siblings, who become entitled to inherit after the primary sharers, like spouses, children, and parents, have received their allotted portions. Their role is vital in ensuring that the remaining assets are distributed fairly and following Islamic principles. The order of residual sharers is defined under Rule #13 & Rule #14.
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.
Son’s Share as a Residual Sharer in Islamic Inheritance
In Islamic inheritance law, a son is a significant residual sharer. This means that when the estate of a deceased person is distributed among the heirs, the son is entitled to inherit from what remains after the shares of other primary sharers have been allocated. The specifics of the son’s share as a residual sharer are determined by a set of rules established in the Quran and Hadith, ensuring fairness and financial security for the surviving family members. In this scenario, Son is the residual sharer.
Calculation of shares for son and two daughters
Let us distribute the estate among 1 son and 2 daughters.
Given that a son receives twice the share of a daughter, the distribution ratio is 2:1 for son and daughter, respectively.
Total Parts: 2 (for son) + 1 (for daughter1) + 1 (for daughter2) = 4
Son Share = 100% * 2/4 = 50%
Daughter1 Share = 100% * 1/4 = 25%
Daughter2 Share = 100% * 1/4 = 25%
Calculation steps performed in this case study:
- Distribute the remaining shares according to relative priority (Rule 14)
- Joint Ta’seeb of Son and Daughter (Rule 44).
- Son and Daughter share in the ratio of 2:1 (Rule 15)
- Son gets the share of 1/2 and Daughters get the share of 1/2. (Rule 15, 44)
Shares by Individual:
| Relative | Share Fraction | Share Percentage |
|---|---|---|
| Son | 2/4 | 50% |
| Daughter 1 | 1/4 | 25% |
| Daughter 2 | 1/4 | 25% |
| Total | 4/4 | 100% |
