Division of inheritance among daughter, two daughters of the son, and great-grandchildren Fatwa No: 339520
- Fatwa Date:15-2-2017
Assalaamu alaykum. Please calculate the inheritance according to the following information:
- Does the deceased have male relatives who are entitled to inherit: (A son of the son's son) Number 2
- Does the deceased have female relatives who are entitled to inherit: (A daughter) Number 1 (A granddaughter [from the son]) Number 2 (A granddaughter of the son [from the son]) Number 1
- Additional information: In addition to the above, there is also one deceased daughter who is survived by two sons.
All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad is His slave and Messenger.
If the heirs are only those mentioned in the question and the deceased did not leave any other heir, then the daughter gets half of the estate as her legal share, as Allah says about the existence of only one daughter (what means): {And if there is only one [daughter], for her is half.} [Quran 4:11]
The two daughters of the son get one sixth, which should be divided equally between them.
The remainder will be divided amongst the great-grandchildren; i.e. the two sons of the grandson and the daughter of the grandson; the male gets twice the share of the female.
Therefore, the inheritance should be divided into 60 shares; the daughter gets half, which is 30 shares; the two daughters of the son get 10 shares, each one of them gets 5 shares; each great-grandson (son of the son's son) gets 8 shares; and the great-granddaughter (granddaughter of the son's son) gets 4 shares.
As regards the two sons of the daughter who died during the deceased's lifetime, then they are not among the heirs, and they have no share in the inheritance.
Finally, it should be noted that the matter of inheritance is a very complex issue; therefore, the inheritance should not be divided without resorting to an Islamic court, if any is available, in order to fulfill the interests of both the living and the dead.
Allah knows best.