does a daughter have a right in her mothers property if yes what is her share please comment
Praise be to
Allaah.
If a daughter inherits
– whether from her mother or her father – her share of the inheritance
may vary according to the situation:
1 – If the daughter is
an only child, i.e., she has no brothers or sisters (i.e., heirs who
are descendents), then she has a half of the legacy of the deceased.
Allaah says (interpretation of the meaning):
“…if only one, her
share is a half…”
[al-Nisaa’ 4:11]
2 – If there are more
than one daughter – two or more – and the deceased has no male children,
then their share is two-thirds. Allaah says (interpretation of the meaning):
“…if (there are) only
daughters, two or more, their share is two-thirds of the inheritance…”
[al-Nisaa’ 4:11]
3 – If there are other,
male, heirs who are descendents of the deceased (one or more), then
they are to be given the remainder after each person who is entitled
to a share has been given that share. Her share is equal to one-half
of her brother’s share (“to the male, a portion equal to that of two
females”), whether they are two or whether the children include both
males and females. The male takes a share equal to that of two females.
Allaah says (interpretation of the meaning):
“Allaah commands you
as regards your children’s (inheritance): to the male, a portion equal
to that of two females”
[al-Nisaa’ 4:11]
These are the shares
which have been decreed by Allah. So it is not permissible for anyone
to change any part of them, or to deprive an heir, or to bring in anyone
who is not an heir, or to deprive an heir of any part of his inheritance
or to give him more than the share allotted to him by sharee’ah. And
Allaah knows best. May Allaah bless our Prophet Muhammad.
If a daughter inherits
– whether from her mother or her father – her share of the inheritance
may vary according to the situation:
1 – If the daughter is
an only child, i.e., she has no brothers or sisters (i.e., heirs who
are descendents), then she has a half of the legacy of the deceased.
Allaah says (interpretation of the meaning):
“…if only one, her
share is a half…”
[al-Nisaa’ 4:11]
2 – If there are more
than one daughter – two or more – and the deceased has no male children,
then their share is two-thirds. Allaah says (interpretation of the meaning):
“…if (there are) only
daughters, two or more, their share is two-thirds of the inheritance…”
[al-Nisaa’ 4:11]
3 – If there are other,
male, heirs who are descendents of the deceased (one or more), then
they are to be given the remainder after each person who is entitled
to a share has been given that share. Her share is equal to one-half
of her brother’s share (“to the male, a portion equal to that of two
females”), whether they are two or whether the children include both
males and females. The male takes a share equal to that of two females.
Allaah says (interpretation of the meaning):
“Allaah commands you
as regards your children’s (inheritance): to the male, a portion equal
to that of two females”
[al-Nisaa’ 4:11]
These are the shares
which have been decreed by Allah. So it is not permissible for anyone
to change any part of them, or to deprive an heir, or to bring in anyone
who is not an heir, or to deprive an heir of any part of his inheritance
or to give him more than the share allotted to him by sharee’ah. And
Allaah knows best. May Allaah bless our Prophet Muhammad.
