Inheritance of mother and three daughters
Fatwa No: 140085

Question

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information ۞-Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 3

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

If the deceased did not leave any other heirs except those mentioned in the question, then the mother gets one-sixth of the inheritance as her legal share due to the existence of the children of the deceased as Allaah Says (what means): {And for one’s parents, to each one of them is a sixth of his estate if he left children.}[Quran 4:11] The daughters get two-thirds as their legal share as Allaah Says about the existence of a number of daughters (what means): {But if there are [only] daughters, two or more, for them is two thirds of one’s estate.}[Quran 4:11]

The remainder should be given back to the mother and the daughters for the general meaning of the Hadeeth narrated by Abu Hurayrah that the Prophet said: “Whoever leaves wealth [after his death], then it is for his heirs.” [Al-Bukhari and Muslim]

Therefore, the inheritance should be divided into 15 shares, the mother gets 3 shares as her legal share including her share from the remainder of the whole inheritance as there is no other heir to take it, and each daughter gets 4 shares as her legal share including her share from the remainder of the whole inheritance as there is no other heir to take it.

It should be noted that the matter of inheritance is very complex an issue, so a mere Fatwa which is an answer issued according to the question is not enough. Rather, the matter should be taken to an Islamic court to look into the case, or it should be presented orally (in person) to the scholars in case there are no Islamic courts. It might be that there is an heir who would not be known except after investigation, and there might also be a will, debts, or other dues that are not known to the heirs. It is known that these rights come in priority over the right of the heirs. Therefore, the inheritance should not be divided without resorting to an Islamic court, if any, in order to fulfill the interests of the dead and the live people.

Allaah Knows best.

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