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Inheritance for a Widow’s Only Daughter: Divided with Brother or Solely to Daughter?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If a widow has only one daughter – and when she passes away, would her inheritance be given only to her or would it be divided between the deceased’s daughter and the deceased’s brother.  If so, does this still happen if her brother is very wealthy in comparison to her daughter.

Bismillaah

A: If there are no other heirs besides the deceased’s daughter and the deceased’s brother, the daughter will receive half the estate and the remainder half will be given to the brother irrespective of whether he is wealthy or not.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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