Inheritance distribution when a daughter dies before or after her father
Question
Assalam o Alaikum Sheikh Please guide regarding distribution of inheritence. My father died and left behind a property, and - a wife (my mother) - two sons (my brother and me) - three daughters (my sisters) One of the daughters (passed away a few years ago). Please advise the shares of each in the property distribution, according to Sharia. My sister who passed away left behind a son. But the son is "special" so is not of sound mind. His father (my brother in law) has remarried. What are the options with regards to the share of my deceased sister, from our fathers inherited property? Please guide in detail. Thank you Salam
Islamic Ruling & Answer
VerifiedWalekumussalam,
In the situation described, upon the death of the father, the first share to be allocated from the estate is the wife's prescribed share of one-eighth (1/8), since the deceased left children. The remainder of the estate will then be distributed among the two sons and three daughters according to the Qur'anic rule: “for the male is the share of two females.”
Accordingly, the remaining estate will be divided into seven parts: the two sons will receive two parts each (four parts in total), and the three daughters will receive one part each (three parts in total).
For example, if the total estate is Rs. 1,000,000:
The wife will receive 1/8 = Rs. 125,000.
The remaining Rs. 875,000 will be distributed among the children.
Each son will receive Rs. 250,000.
Each daughter will receive Rs. 125,000.
As for the daughter who has passed away, it must be determined whether she died before or after her father.
If she passed away before her father, she would not inherit from him, and therefore her son would also have no share in his grandfather's estate.
However, if she passed away after her father, then she had already become entitled to her share of the inheritance. In that case, the Rs. 125,000 allocated to her would form part of her own estate and would be distributed among her legal heirs according to the rules of Islamic inheritance. If she left only one son and no other heirs, he would receive the amount. If there are other heirs, then her share would be distributed among them according to their respective Islamic shares.
Answered by
Mufti Tosif Qasmi
June 01, 2026
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