• Transactions & Dealings >> Inheritance & Will

    Question ID: 842Country: India

    Title: Why is a daughter given only 1/3rd share of her fathers property after her fathers death. Why she is not given equal share. Please elaborate the answer.

    Question: Why is a daughter given only 1/3rd share of her fathers property after her fathers death. Why she is not given equal share. Please elaborate the answer.

    Answer ID: 842

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 317=317/L)

     

    The daughters are of three kinds: (1) If there is only one daughter left (with no son) then she will get half of her father?s property. (2) In case they are two or more than two, then they will get two third (2/3) of their father?s property. (3) When there are sons along with daughters then each daughter will get one share and each son will get two shares. This distribution has been mentioned in Quran:

    یوصیکم اللہ فی اولادکم للذکر مثل حظ الانثیین فان کن نساء فوق اثنتین فلھن ثلثا ماترک و ان کانت واحدة فلھا النصف (سورة النساء: 4/11)

    Allah (thus) directs you as regards your Children's (Inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. (4/11)

     

    In the third condition, the daughters receive half; since the girls need less money as compared to boys as the parents are responsible for their expenses before marriage and after marriage husband bears the responsibility of maintenance.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India