Inheritance Case: Shares of Daughters, Nephews, and Granddaughter
Source: Fatawa Rashidiyyah, p. 657
Question:
A woman named Bhagal passed away, leaving behind three daughters, five nephews, and one granddaughter. Later, her nephew Karim Bakhsh also passed away, leaving one wife, three sons, and five daughters. How will the inheritance be distributed according to the Shari‘ah of Muhammad ﷺ?
Preliminary Rules
Before distribution:
- Funeral expenses are covered.
- Any debts are paid.
- Any valid will (within one-third of the estate) is executed.
- The remaining estate is then distributed among the heirs.
Estate of Bhagal
Total = 100
- 3 Daughters: 66.66 → Each daughter = 13.33
- 1 Granddaughter: Excluded
- 5 Nephews (as residuaries): 33.34 (shared)
Estate of Karim Bakhsh
Total = 100
- Wife: 1/8 = 12.5
- 3 Sons (residuaries): 47.77 → Each son = 15.923
- 5 Daughters (residuaries): 39.73 → Each daughter = 7.946
Evidences
- Qur’an:
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾ (an-Nisa)
﴿لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾ (an-Nisa) - Hadith:
The Prophet ﷺ said:
((ألحقوا الفرائض بأهلها فما بقي فلأولى رجل ذكر.))
(Sahih al-Bukhari 6735, Sahih Muslim 4141)
✅ Final Distribution:
- For Bhagal’s estate: Daughters take two-thirds, nephews share the remainder, granddaughter is excluded.
- For Karim Bakhsh’s estate: Wife takes one-eighth, the rest is divided among sons and daughters, with each son receiving twice the share of each daughter.
والله أعلم بالصواب
