Does a woman have the right to claim her share of the inheritance?
Machine translationRead the Arabic original
Question:
She says: A man left behind three children, a son and two daughters, and he left the inheritance to the son. This son passed away, as did one of the daughters, while the other is still alive. Does she have the right to claim from her deceased brother's son?
Answer:
Yes, this is injustice, giving the wealth to the male while excluding the two females. This is injustice. There is no objection to the two daughters claiming their right from their brother, or from his son after his death, who is the heir of the deceased woman. The living daughter claims her right, unless there is a valid legal justification, meaning: he believes that they are two disbelievers, in which case they have no inheritance from him. This is referred to the court, and the court is consulted regarding this.
As for the case where the son is Muslim, the two daughters are Muslim, and the deceased is Muslim, it is obligatory that the estate be divided among all of them, between the male and the female. [Surat al-Nisa: 11] It is divided between them, the man receives half of it, and the two daughters receive half of it, which is divided between them. If there is any difficulty or dispute in this, it is referred to the Shari'ah court. Yes.
The presenter: May Allah reward you with good.
She says: A man left behind three children, a son and two daughters, and he left the inheritance to the son. This son passed away, as did one of the daughters, while the other is still alive. Does she have the right to claim from her deceased brother's son?
Answer:
Yes, this is injustice, giving the wealth to the male while excluding the two females. This is injustice. There is no objection to the two daughters claiming their right from their brother, or from his son after his death, who is the heir of the deceased woman. The living daughter claims her right, unless there is a valid legal justification, meaning: he believes that they are two disbelievers, in which case they have no inheritance from him. This is referred to the court, and the court is consulted regarding this.
As for the case where the son is Muslim, the two daughters are Muslim, and the deceased is Muslim, it is obligatory that the estate be divided among all of them, between the male and the female.
for the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِThe presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
