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Female inheritance rights

Answered as per Shafi'i Fiqh by Seekersguidance.org

Question: If one has just one daughter, why can’t one just give her all of one’s estate?

Answer:

Wa alaykum assalam wa rahmatullahi wa barakatuh,

Dear questioner,

Thank you for your important question.

Allah Most High sent us the Prophet (Allah bless him and give him peace) to show us how to be happy in this life and the next. ‘And We have not sent you, [O Muhammad], except as a mercy to the worlds.’ (Qur’an, 21: 107)

By keeping to what Allah has told us to do we will be successful. If we follow our own whims or our own logic, we will be unsuccessful and unhappy.

Allah Most High has made inheritance very, very clear in the Qur’an. ‘But if there are [only] daughters, two or more, for them is two-thirds of one’s estate. And if there is only one, for her is half.’ (Qur’an, 4: 11) If there is only one daughter, she only gets a half, and the remaining goes to male universal heirs (asaba).

Given that women do not have to pay dowries, or support their husbands or children, Allah has given them less inheritance. This is how Allah in His wisdom Has apportioned rights and responsibilities among mankind. He knows best what is in our interests.

Depending on which of them are left from either your father’s or mother’s side, it could be the parent’s grandson, the parent’s brothers, or other male heirs.

https://seekersguidance.org/answers/hanafi-fiqh/inheritance-laws-can-i-stipulate-other-than-the-determined-amounts-mentioned-in-the-quran/

I pray this helps.

[Shaykh] Farid

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

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