Question & Answer
Have daughters any right in their parents property, have parents any share in their daughters property?

I have 2 sons and my wife expired few months back. She was a teacher by profession and had a great personality. My wife took her share of property from her father by asking, pleading, etc. But she passed away and her parents are still alive. Her brother has not asked his share from the father. I am told by someone that she did wrong by taking her share and also there is a share for her parents in even what she earned and saved. What is the ruling from Islamic view point?

Answer:



بسم الله الرحمن الرحيم

We begin with Allah’s blessed name, we praise him and we glorify him, seek his forgiveness and ask him to guide us. Whoever Allah guides, None can lead astray and whoever he misguides, None can guide. There is no power and no strength except from Allah, The most high, the Most great, the most powerful. We bear witness that there is no one worthy of worship but Allah Alone, and we bear witness that Prophet Muhammad (pbuh) is His slave-servant and the seal of His Messengers. We pray for peace and blessings on all the noble messengers and in particular on the last of them all “the blessed prophet Mohammad (pbuh)”

Dear brother, Islam grants women the right to inherit from their parents or relatives and specifies an obligatory share for them as Allah says in the glorious quran:

For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much - an obligatory share. Quran [4:7]

This verse contains five legal regulations about inheritance. First, that not only men but the women also have a share in the inheritance. Second, that it must be divided among all heirs, however little or insignificant it is; so much so that even if the deceased has left one yard of cloth and there are ten heirs, it must also be cut into ten parts. However, an heir may buy the shares of others by mutual consent. Third, that the verse also implies that this law applies to all sorts of property, transferable or non-transferable, agricultural or industrial, or of any other type. Fourth, the right of inheritance becomes valid only when the deceased leaves some property behind him. Fifth, that when the nearest relatives are alive the distant relatives have no right in the inheritance.

Allah Says in the Glorious Quran: 11: Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.
12: In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone).Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.
13: Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.
14: But those who disobey Allah and His Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment. Quran [4:11-14]

there is a share for her parents in even what she earned and saved. What is the ruling from Islamic view point?

Yes according to the Islamic law her father and mother have a share in her property after the fulfilment of her debts and will (if any). You will receive 1/4th , her father and mother will receive 1/6th, the balance amount will be given to two sons in an equal proposition. And Allah alone knows the best.

I ask Allah to make this a sincere effort, seeking his pleasure, and I ask him to grant us refuge in him from the evils within ourselves, and that in our deeds. I ask him to grant us success in achieving whatever pleases him; And May Allah Shower His blessings and mercy upon our beloved Prophet Muhammad (pbuh), his family and his Companions and on all those who follow him until the final hour.

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