If a deceased person (male or female) leaves behind only daughters as legal heirs and no other specified relatives who are entitled to a fixed share (like parents, spouse, or sons), the daughters collectively inherit two-thirds (2/3) of the estate.
Here's a breakdown:
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Absence of Other Heirs: This ruling applies specifically when there are no other asaba (agnatic relatives) or fixed-share heirs who would typically take precedence or reduce the daughters' share. This includes, but is not limited to, sons, fathers, husbands, and wives.
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Distribution Among Daughters: The two-thirds share is then divided equally among all the daughters. For instance:
- If there is one daughter, she receives 2/3 of the estate.
- If there are two or more daughters, they equally share the 2/3.
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The Remaining One-Third (1/3): What happens to the remaining one-third of the estate depends on the presence of other distant relatives (uterine relations) or if there is a will. If there are no other eligible relatives, the remaining one-third may revert back to the daughters under the principle of radd (return), according to some interpretations of Islamic law. This allows the daughters to eventually inherit the entire estate.
Example:
Suppose a woman passes away and leaves behind an estate worth $90,000 and two daughters.
- The daughters' combined share is 2/3 of $90,000 = $60,000.
- Each daughter receives $60,000 / 2 = $30,000.
- The remaining $30,000 would be distributed according to the rules of radd or assigned to distant relatives, if any. Otherwise, it reverts to the daughters.
Important Considerations:
- Islamic Jurisprudence: It's important to consult with a qualified Islamic scholar or legal expert familiar with Islamic inheritance laws in your specific region or legal system. There might be slight variations in interpretations depending on the school of thought (e.g., Hanafi, Maliki, Shafi'i, Hanbali).
- Legal Documentation: Wills and other legal documents prepared in accordance with Islamic principles can also affect the distribution of inheritance.
In summary, when only daughters are the direct heirs, they inherit two-thirds of the estate, which is then divided equally among them. The disposition of the remaining one-third depends on the existence of other eligible heirs and the rules of radd.
