MirathميراثFRENع

Inheritance: wife, 3 daughters

Worked out under the Maliki school, with an example of F CFA 10,000,000. The fractions hold whatever the amount.

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Division of the estate of a man

Maliki school · Net to divide: F CFA 10,000,000

HeirShareParts%Amount
WifeFixed share312.50%F CFA 1,250,000
3 daughtersFixed share2187.50%F CFA 8,750,000F CFA 2,916,667 each
Total124100%F CFA 10,000,000
Base of the case (asl al-mas'ala)24Surplus returned by raddFinal base (after correction)24

Every heir receives a whole number of parts out of 24.

Breakdown

  • 3 daughters87.50%
  • Wife12.50%

Step-by-step explanation

In the order a scholar would set it out: who is excluded, then each share, then the final adjustment.

  1. Wife

    One eighth, as the deceased left a descendant. Several wives share it equally.

    Quran 4:12Family Code art. 610
  2. 3 daughters

    Two thirds, shared equally: several daughters with no brother.

    Quran 4:11Family Code art. 611

  3. 5/24 is left with no residuary. It goes back to the fixed-share heirs in proportion to their shares; the spouse keeps their share and no more (radd).

    Family Code art. 596
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ

Quran 4:11 · "Allah instructs you concerning your children: for the male, the share of two females…" Shares of children and parents.

وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ

Quran 4:12 · "For you is half of what your wives leave if they have no child…" Shares of spouses and maternal siblings.

For information only. Have it checked by a notary or a qualified scholar. This assumes no heir is missing, unborn or under an impediment.

Other situations