Islamic Inheritance: Wife and Daughter’s Right in Land Property

Islamic Inheritance: The Established Right of Wife and Daughter in Land

📖 Source: Fatawa Rashidiyyah, Page 615

Question

Respected scholars are asked: Bachayo and Kodo (two brothers) along with Wali Muhammad (their cousin) jointly purchased a piece of land. Later, Wali Muhammad was given his due share. After Wali Muhammad passed away, Bachayo and Kodo deceitfully took the land documents from his house and transferred the land to their names. Now, Wali Muhammad’s wife and daughter are not being given their share. In the light of the Shari‘ah of Muhammad ﷺ, are Wali Muhammad’s wife and daughter rightful heirs of this land or not?

Answer

Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!

First, it is necessary to understand that, according to the Shari‘ah of Muhammad ﷺ, after the death of any individual, the distribution of his estate has a prescribed legal method which cannot be ignored.

The Shar‘i Method of Distribution of Inheritance

① Funeral Expenses:
The burial expenses are first covered from the deceased’s estate.

② Debt Repayment:
If the deceased owed any debts, they must be settled.

③ Execution of a Valid Will:
If the deceased left behind a Shar‘i will, it should be executed from up to one-third of his property.

④ Distribution of Remaining Estate:
Whatever remains after these steps will be distributed among the heirs, whether movable or immovable property, considering the total as one unit.

Distribution of Wali Muhammad’s Estate

• Deceased: Wali Muhammad
• Total Property Value Considered: 1 unit (or 1 rupee for example)

Heirs:
✿ Daughter: 8 annas (½ share)
✿ Wife: 2 annas (⅛ share)
✿ Remaining 6 annas: To Wali Muhammad’s cousins (Bachayo and Kodo) as residuaries (عصبات), shared between them.

Shar‘i Evidence

📖 Qur’an:
﴿وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ﴾ [al-Nisa]
“And if there is only one daughter, she shall have half.”

📖 Hadith:
((الْحِقُوا الْفَرَائِضَ بِأَهْلِهَا، فَمَا بَقِيَ فَلِأَوْلَى رَجُلٍ ذَكَرٍ))
“Give the prescribed shares to those entitled to them. Whatever remains is for the closest male relative.”
[Al-Bukhari: 6735, Kitab al-Fara’id, Bab Mirath Ibn al-Ibn; Muslim: 4141, Kitab al-Fara’id]

Modern Decimal Calculation of Distribution

• Deceased: Wali Muhammad
• Total Property Value: 100%