Muwatta Imam Malik (Riwayat Yahya)

Imam Malik, may Allah have mercy on him, said: According to us, this ruling is based on consensus: when a mother or father dies and leaves behind sons and daughters, the son will receive a double share and the daughter will receive a single share. If the deceased has only daughters, two or more, then they will receive two-thirds of the inheritance; if there is only one daughter, she will receive half of the inheritance. If there are also other heirs entitled to fixed shares (dhawu al-furud) along with sons and daughters, then after giving the shares to the dhawul furud, whatever remains will be divided so that the son receives a double share and the daughter a single share (1). And when there are no sons or daughters, then grandsons and granddaughters will be in their place; just as they would inherit, so will these, and just as they would be excluded (mahjub), so will these be excluded. If even one son is present, then the children of the son, i.e., grandsons and granddaughters, will not receive any inheritance. If there is no son but there are two or more daughters, then the granddaughters will not receive anything, except in the case where there is also a grandson with these granddaughters, whether he is of the same degree or even more distant (for example, a son’s son’s son or a son’s son), then after giving the daughters their shares and the remaining shares to the other dhawul furud, whatever remains will be divided among «﴿لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾», and with this grandson, those granddaughters who are closer to the deceased (in relation and inheritance) or equal to him will inherit; those granddaughters who are more distant than him will not inherit. And if nothing remains, then the grandsons and granddaughters will not receive anything (2). If the deceased has only one daughter, she will receive half of the wealth, and the granddaughters, however many they are, will receive one-sixth. If there is also a grandson with these granddaughters, then in this case, after giving the shares to the dhawul furud, whatever remains will be divided among «﴿لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾», i.e., this grandson and the granddaughters, and this grandson will enable those granddaughters to inherit who are of the same degree as him or closer, but those who are more distant than him will be deprived. If nothing remains after the shares of the dhawul furud, then these grandsons and granddaughters will not receive anything, because Allah, Glorious and Exalted, says in His Book: “Allah instructs you concerning your children: for the male, a share equal to that of two females; if there are only daughters, two or more, they will receive two-thirds of the estate; if there is only one daughter, she will receive half.”