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Inheritance under Shariah: What happens when a daughter dies leaving behind children?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My father in law has four children two daughters and two sons. His eldest daughter died leaving behind three children, two daughters and one son. Her children are all married now. My mother in law is alive. He wants to know do the children of her deceased daughter inherit their mothers share in inheritance. He is survived by his wife two married sons and one married daughter. How will his property be distributed to his wife and children according to Shariah after his death.

Bismillaah

A: No, the daughter’s children will not inherit from their mother’s father.

If at the time of his death, your father-in-law is survived by one wife, 2 sons and one daughter his estate will be divided into 40 equal shares and distributed as follows:

Wife will receive 5 shares

Each son will receive 14 shares

Daughter will receive 7 shares

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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