Shar‘i Inheritance: Division of Estate Among Daughter, Brothers, and Sisters
Source: Fatawa Rashidiyyah, p. 652
Question:
Muhammad Karim Shah passed away, leaving behind property, jewelry, and cash stored in a bank. His heirs are one daughter, four brothers, and two sisters. The daughter claims that her father had gifted her a portion of the estate. How will the estate be distributed according to the Shari‘ah?
Distribution of Inheritance
Deceased: Muhammad Karim Shah
Estate (total assumed as 1 Rupee or 100 units)
- Daughter: 50 units (½ share)
- Four Brothers (as residuaries): 40 units total → 10 each
- Two Sisters (as residuaries): 10 units total → 5 each
Regarding the Daughter’s Claim of Gift (Hibah):
- If she presents witnesses, her claim will be accepted accordingly.
- If no witnesses are presented, she must take an oath.
- If she swears, she will be granted the portion she claimed was gifted.
✅ Final Distribution (if no proven hibah):
| Heir | Share % | Notes |
|---|---|---|
| Daughter | 50% | Fixed Qur’anic share (½) |
| 4 Brothers | 40% | Residuaries (10% each) |
| 2 Sisters | 10% | Residuaries (5% each) |
