Muslim Daughters Inheritance share
The inheritance law for daughters is very clear in Holy Quran. Muslim Daughters get the special status of owning fixed or prescribed sharers compared to Sons, who get only residuary shares.
Also, daughters are primary heirs and never excluded by any inheritors, and that's why you will never find contemporary debate or discussion about Islamic inheritance for daughter divisions. It includes daughters from all marriages (i.e., current and previous).
Muslim Daughters inherit one-half (i.e., 1/2) if single (sole) or share two-thirds (i.e., 2/3) if multiple without Sons; otherwise, they receive as a Joint Residuary with Sons. Sons get double the share of Daughters under Joint Residuary as stipulated in the Holy Quran, 4:11.
In other words, the Daughter ceases her rights as a fixed sharer and converts into a residuary. The daughter's share can vary in certain conditions due to the decrease or increase of total shares under the Radd and Awal (or Aul) scenario.
Father cannot disinherit children in Islam and must follow Faraid as stipulated in the Holy Quran, 4:11.
There is certain Hajb (i.e., blocking or exclusion) rules are applicable for descendants. Multiple Daughters exclude single or multiple Daughters of Sons (how low soever).
Daughters inherit from their parents only if they were married Islamically (i.e., Nikah); otherwise, they are not eligible under Islamic inheritance law. In the same token, if they married Islamically but do not have registered marriage or other evidence of marriage, then spouse and/or children cannot inherit legally.
A Muslim daughter's property can be inherited by her husband, children (or grandchildren), and parents (or grandparents) as primary heirs. These are the legal heirs after the death of a married daughter in Islam. Refer to "Islamic inheritance sharers and residuary" to learn more.
Daughters also can own lifetime gifts (i.e., Hiba) from their parents without any classification or restrictions, but all children should be treated equally for lifetime gifts as stated in the Book of Hadith, Bulugh al-Maram, Book 7, Hadith 928; "My father went then to the Prophet (Sallallahu Alayhi Wasallam) to call him as a witness to my Sadaqah (i.e., gift), and he asked, "Have you done the same with all your children?" He replied, "No." He said, "Fear Allah and treat your children equally." My father then returned and took back that gift." If you want to give more to one child (or children) than the rest child (or children), please consult a knowledgeable Sunni Islamic scholar.
The content of this article has been reviewed and endorsed by Dr. Mahir J. (Ph.D.) and Mufti Muhammad Nazir K. (Pursuing Ph.D.)
