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Inheritance Distribution With One Daughter
Assalamoalaikum,
If the person deceased have no parents and no wife but only one daughter. After paying debts, Does daughter become owner of 100% heir or still 50% rule applies as mentioned in Quran – Surah Nisa?
If 50% rule applies then what becomes of other 50%?
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5 Replies
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Inheritance Distribution With One Daughter
updated 3 months ago
2 Members
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5
Replies
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The daughter receives one half of the property, if the parent made no will in her favour. The rest will go to the nearest male relative of the deceased.
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Let me ask another question. Can a deceased father of one daughter make a will to give all 100% to his daughter if he has no parents alive, wife dead and no sons.
If Father does create to will to give 100% to his daughter in above scenario, will this still be within the boundary of the order given in Quran?
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The Qur’an has told us that the law of inheritance comes to play when there is no will made. The father has authority to make a will to give all his property to his daughter.
However, In figh Hanafid it is observed that the will of the deceased is applicable to only one third of his property. The courts follow this ruling. This is not correct according to us. God has made it clear in the verse 4:11 and 12 that the law of inheritance comes after will and debts to be paid.
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Sorry Dr. Sahab, another question to clarify a little confusion.
Let’s say I have one son and one daughter.
Can I create a will to give all my property to my daughter because of being upset with my son? Would that not come under ‘denying him of his rights as per shariah’.
And similarly in 1 daughter scenario ‘denying relatives of their rights as per shariah’.
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You have all the authority to do that. But you are required to do it with a sense of justice. If, for example, one of your children does not need your money, but another is more in need of it, you can make a will in the favour of the needy or you think that a child served you more than the other and you want to reward him or her. So, whatever you do, do it with justice.
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