Inheritance

What Is The Islamic Ruling On The Inheritance Of A Sister And Disowned Daughter?

Question: What is the verdict of the noble scholars and Islamic jurists in this matter where Zayd has two sisters and a daughter. And the wife of Zayd whose habits are not right, that is, having relationships with marriageable people [ghayr mahram] while she was married. Because of this, he divorced her and now he married someone else, thus from his previous wife. And now his daughter also has the same habit, that is, having forbidden relationships with marriageable people. His daughter then married someone of a low rank. Zayd wants to give all of his belongings to his own sisters. Zayd passed away, now Zayd’s daughter says this is my right, this is my property, leave it all in my name! Give it to me! The ultimate question is what will the distribution look like? And don’t forget that her daughter is married to someone of low rank. If it is given to her, it will be problematic because it will cause debauchery. So, it will be better if it is given to his two sisters as it can benefit the religion as it will be able to help in the religion. It will be a favour if this answer to this question can be given as soon as possible.
 
Questioner: Ghulam Ahmad Raza Qadiri from Chhattisgarh in India.

The answer with the aid of the Almighty King, The Bestower.

Allah’s name be the beginning, the Most Gracious, the Most Merciful.

We praise him, and we convey peace upon his noble beloved.



Answer:
 
In the proposed question, the daughter will certainly receive Zaid’s inheritance, as well as in addition to his two sisters. Zayd left a daughter and two sisters as heirs, after which the division of the inheritance looks like this: half of Zayd’s entire estate will be received by the daughter and the remainder to his two sisters.
 
Fatawa al-Alamgiri states:

الأخوات لأب وأم للواحدة النصف وللثنتين فصاعدا الثلثان، كذا في خزانة المفتين ۔۔۔۔ ولهن الباقي مع البنات
Sisters who come from the same parents, if they are of one, they will receive half a portion, and if it is of two or more than two, they will all receive 2/3, just as it says in Khazanat al-Muftiyyin. And if the deceased has daughters, then for the sister what is left after the daughter’s portion is for them.
[Fatawa al-Alamgiri: vol. 6, p. 450 – الباب فی ذوی الفروض]
 
And likewise, it is stated:

فالنصف للبنت والنصف الثاني للأخت
Half a portion is for the daughter and the other half for the sister.
[Ibid: p. 451]
 
Imam Ahl al-Sunnah Ala Hazrat mentioned five cases of the sister in the inheritance, one of which is on the remaining inheritance together with the daughter. So, what is left of the daughter is received by the sister. He states:
 
And for the sisters there are five cases in the rest of the inheritance;
  1. one to half,
  2. more than 2/3,
  3. with the brother,
  4. لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ – the son’s share is equal to that of two daughters [4:11],
  5. with the daughter.
[Fatawa al-Ridawiyyah: vol. 26, p. 226]
 
And he further states:
 
It is stated in al-Rahiq al-Makhtum Sharh Qalaid al-Manzum:

  (والاخت) ولومتعددۃ (مع بنت) الصلب واحدۃ ایضا فاکثر (و) کذا مع (بنت الابن) وان سفلت کذلک وکذا مع بنت وبنت ابن (ذات اعتصاب مع غیر)
And even if the sisters are multiple, alongside the biological daughter being one or more than one, and likewise, alongside the granddaughter reaching further down, being one or more than one – the remainder inheritance will be made with others.
[Ibid: 229]
 
And only for that reason where the daughter married of her own wish, or in the assumption that this would cause debauchery, will the daughter not be taken from the father’s inheritance. Because it does not belong to the nullifications of inheritance. Imam Ahl al-Sunnah states:
 
Children can in no way be disowned from being children, apart from disbelief [kufr] – Allah’s refuge is sought. And their inheritance cannot be taken in any way, save five nullifications; having another religion, or other households, being a slave, or Allah forbids murdering the testator, or both died in the same way not knowing which of them died first, besides these the judgment will be general, as:
 
يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَـٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ
Allah commands you concerning your children; the son’s share is equal to that of two daughters. [4:11]
[Ibid: p. 349]
 
Conclusion:
In any case, in the proposed question, it is not permissible to take the father’s inheritance from the daughter. The daughter gets the right of half of the entire property, and the remaining half is received by the two sisters. And Allah Almighty knows best with rectitude.
 
Mufti Muhammad Zulfaqar Khan Naimi Kakralwi
Nuri Dar al-Ifta, Madina Masjid Ali Khan Kashipur
8-Jumadi al-Awwal-1442 || ≈ 23-Dec-2020
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