Shar‘i Ruling on Inheritance: Shares of Wife, Daughter, and Nephew
📖 Source: Fatawa Rashidiyyah, Page 621
Question
It was asked: Muhammad Hashim had already received his portion from his grandfather’s estate when it was divided. Later, his uncle Muhammad passed away. The deceased left as heirs:
◈ One wife
◈ One daughter
◈ Nephew (Muhammad Hashim)
◈ One niece
◈ A paternal cousin (Mir Hasan)
◈ Sister’s children
How should the estate be divided according to the Shari‘ah of Muhammad ﷺ?
Answer
Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!
Before distribution, certain obligations must be fulfilled from the deceased’s estate:
① Funeral expenses will first be paid.
② Outstanding debts must be settled.
③ Execution of a will (if any) up to one-third of the estate.
After this, the remaining property (movable and immovable) will be distributed among the rightful heirs according to the Shar‘i system.
Distribution of Muhammad’s Estate
Total Estate = 1 rupee
| Heir | Annas | Explanation |
|---|---|---|
| Wife | 2 annas (⅛) | Fixed share |
| Daughter | 8 annas (½) | Fixed share |
| Nephew | 6 annas (residuary) | Remaining as عصبة |
| Niece | Excluded | – |
| Paternal cousin | Excluded | – |
| Sister’s children | Excluded | – |
Modern Decimal Calculation
Total Estate = 100%
◈ Wife: 1/8 = 12.5%
◈ Daughter: 1/2 = 50%
◈ Nephew (residuary): 37.5%
◈ Niece, paternal cousin, sister’s children: Excluded (محروم)
Conclusion
According to the Shari‘ah of Muhammad ﷺ:
- The wife is entitled to 12.5%.
- The daughter is entitled to 50%.
- The nephew receives the remainder 37.5% as عصبة.
- The niece, paternal cousin, and sister’s children are not heirs in this case.
ھذا ما عندی، واللہ أعلم بالصواب
