Islamic Ruling on Inheritance: Shares of 2 Wives, Daughter, Brother, and Sister
Source: Fatawa Rashidiyyah, Page 619Question
A person named Wahid Bakhsh passed away, leaving behind the following heirs:
◈ Two wives
◈ One daughter
◈ One brother
◈ One sister
He had also left a will stating: “My daughter is the heir of my property.”
According to the Shari‘ah of Muhammad ﷺ, how should his estate be distributed?
Answer
Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!
First, it must be understood that:
① The burial expenses are taken out from the estate.
② Any outstanding debts must be settled.
③ A valid will may be executed from up to one-third of the estate.
After these stages, the remaining estate (movable and immovable) is distributed among the heirs according to Shar‘i rulings.
Distribution of Inheritance
Total estate of Wahid Bakhsh = 1 unit (1 rupee for calculation)
◈ Two wives → 2 annas jointly (⅛ share)
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾ [al-Nisa: 12]
“If you have children, then for them (wives) is one-eighth.”
◈ Daughter → 8 annas (½ share)
﴿وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ﴾ [al-Nisa: 11]
“If there is only one daughter, then she shall have half.”
◈ Brother → 4 annas (as residuary / عصبة)
◈ Sister → 2 annas (as residuary / عصبة with brother)
Based on the principle: ﴿لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾ [al-Nisa: 11]
“For the male is the share equal to that of two females.”
Ruling on the Will
The deceased’s will in favor of his daughter (“My daughter is the heir of my property”) is invalid, because:
◈ The daughter is already a legal heir with a fixed share.
◈ A will cannot be made in favor of an existing heir.
As stated in the Hadith:
((لا وصية لوارث))
“There is no will for an heir.” [Abu Dawud, al-Tirmidhi]
Modern Decimal Calculation
Total estate = 100%
| Heir | Share (fraction) | Share (%) |
|---|---|---|
| Two wives | 1/8 | 12.5% |
| Daughter | 1/2 | 50% |
| Brother | As residuary | 25% |
| Sister | As residuary | 12.5% |
Conclusion
The estate of Wahid Bakhsh must be divided as follows: wives receive 12.5%, daughter 50%, brother 25%, and sister 12.5%. His will in favor of the daughter is invalid since the Shari‘ah has already allotted her a fixed share.
ھذا ما عندی، واللہ أعلم بالصواب
