Sharʿī Inheritance Distribution with Four Daughters and Living Parents
Question:
If a man has four daughters and no sons, how will his property be distributed after death? What shares will the wife, mother, and father receive?
Answer by:
Shaykh Ḥāfiẓ Khidr Ḥayāt (ḥafiẓahullāh)
1. Principle of Inheritance:
- According to Sharīʿah, inheritance laws apply only after death.
- The Qur’an uses the term "mā taraka" (what is left behind), which refers explicitly to posthumous distribution.
- One cannot distribute their inheritance during their lifetime as per Islamic law.
2. Harms of Premature Distribution:
Distributing wealth in one's lifetime as inheritance may lead to:
- A child dying during the parent's lifetime — he would have wrongfully received a share.
- A new child being born later — and becoming deprived of their rightful share.
- Family disputes and injustice due to unbalanced or non-Sharʿī division.
3. Solution Through Wasiyyah (Will):
- If a person fears future conflict, they may appoint a trusted executor (mukhtār khāṣṣ).
- This executor will ensure the Sharʿī division of inheritance after death according to the Qur’an and Sunnah.
4. Sharʿī Division After Death (with Four Daughters, Wife, Parents):
Assuming the man is survived by:
- Wife
- Four daughters
- Mother
- Father
The division of the estate will be as follows:- Wife: 1/8 (as per Qur’an, when children are present)
- Four daughters (collectively): 2/3 (to be shared equally)
- Mother: 1/6
- Father: 1/6
5. Example Using 27 Units of Estate:
To simplify proportional division:
- Wife: 3 parts
- Four daughters: 16 parts (4 each)
- Mother: 4 parts
- Father: 4 parts
Total = 27 partsThis method ensures equitable distribution, fulfilling all Sharʿī obligations.
6. The Rule of ʿĀilah (عائلة):
If the assigned shares exceed the total estate, it is called ʿĀilah.
In such cases, the estate is equitably scaled down by proportion to accommodate all rightful heirs.
Conclusion:
- The daughters will collectively receive 2/3 of the inheritance.
- Parents and wife also receive their fixed Sharʿī shares.
- Siblings and others will only inherit if closer heirs are not present.
- Always consult a qualified scholar for precise calculations and implementation.
