MirathميراثFRENع

Inheritance: mother, daughter, son's daughter

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
MotherFixed share120%F CFA 2,000,000
DaughterFixed share360%F CFA 6,000,000
Son's daughterFixed share120%F CFA 2,000,000
Total15100%F CFA 10,000,000
Base of the case (asl al-mas'ala)6Surplus returned by raddFinal base (after correction)5

Every heir receives a whole number of parts out of 5.

Breakdown

  • Daughter60%
  • Mother20%
  • Son's daughter20%

Step-by-step explanation

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

  1. Mother

    One sixth, as the deceased left a descendant.

    Quran 4:11Family Code art. 619
  2. Daughter

    One half: an only daughter with no brother.

    Quran 4:11Family Code art. 604
  3. Son's daughter

    One sixth, to complete two thirds with the deceased's only daughter.

    Bukhari 6736Family Code art. 628Family Code art. 629

  4. 1/6 is left with no residuary to take it, so it goes back to the fixed-share heirs in proportion to their shares (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.

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