Sons and Daughters’ Share in Inheritance According to Islamic Law
✍ Answered by: Fadhīlat al-Bāḥith Ṣāʾim ʿUtaybī ḥafiẓahullāh
❖ Question:
If a deceased leaves behind two daughters and three sons, how will the inheritance be distributed?
And if the total estate is 2 crore rupees, how much will each heir receive?
◈ ➊ Foundational Principle:
- When only daughters inherit and no sons are present, two daughters receive 2/3 (66.67%) of the estate.
- But when sons and daughters are both present, they inherit as ʿaṣabah (residuary heirs) — meaning:
“لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ“
“For the male, there is a share equal to that of two females.”
📘 [Al-Qur’ān, Sūrah al-Nisāʾ: 11]
◈ ➋ Method of Distribution:
- Total Estate = ₹2,00,00,000 (2 crore rupees)
- Heirs = 2 daughters + 3 sons
Distribution rule:
◉ Each daughter = 1 share
◉ Each son = 2 shares
◈ ➌ Total Number of Shares:
- Daughter 1 = 1 share
- Daughter 2 = 1 share
- Son 1 = 2 shares
- Son 2 = 2 shares
- Son 3 = 2 shares
➡ Total shares = 1 + 1 + 2 + 2 + 2 = 8 shares
◈ ➍ Financial Breakdown:
- Total estate = ₹2,00,00,000
- Each share = ₹2,00,00,000 ÷ 8 = ₹25,00,000
◈ ➎ Share of Each Heir:
| Heir | Share | Amount (in ₹) |
|---|---|---|
| Daughter 1 | 1 share | ₹25,00,000 |
| Daughter 2 | 1 share | ₹25,00,000 |
| Son 1 | 2 shares | ₹50,00,000 |
| Son 2 | 2 shares | ₹50,00,000 |
| Son 3 | 2 shares | ₹50,00,000 |
◈ ➏ Conclusion:
✔ In the presence of both sons and daughters, they inherit as ʿaṣabah, with the male receiving double the share of the female.
✔ Thus, the 2 crore rupees will be distributed according to the 8-share formula as shown above.
