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Fair Distribution of Property: Advocating for Daughters’ Rights

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My father’s brother passed away. This was regarding the partition and distribution of his property and cash. He has two daughters. One is married and the second the elder one is not married as she is mentally retarded. Now the family people are saying that the property is to be given to everyone including his brothers and sisters. As of now all his brothers and sisters are well settled and doing fine. Please help me out on this. His daughters are deserving candidates. Is it any way that they get what their father has left for them?

Bismillaah

A: If the deceased did not leave a wife and parents then the daughters will get two thirds of the estate and the remainder will go to his brothers and sisters.

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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