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Your Legal Advisor

Published : Thursday, 30 August, 2018 at 12:00 AM Count : 508

Dear readers, this week Your legal advisor is Ishrat Hasan, Advocate, The Supreme Court of Bangladesh. She is  Managing partner of the renowned law firm namely, 'The Law Consultant', Eastern Mansion, 67/9 Pioneer Road, Kakrail, Dhaka, which professionally deals mainly with corporate law, cyber Law, commercial law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies. She can be reached at - cell: 01521515654 e-mail: ishrat.lawyer@gmail.com
Query
1. A man died leaving behind 2 daughters and no other heirs. He was a Muslim by religion. How will the deceased's left property be divided among his daughters?
2. A Muslim Male died leaving behind a mother, two daughters and a wife. How will his property be divided into shares among these heirs?
Please give your expert opinion. Thanks in advance.

Jannatul Mawa
Faridpur
Opinion
Thank you for your queries.
For query one-  If the deceased did not leave any other heirs entitled to inherit except those mentioned in the question, namely two daughters, then they are entitled to two-thirds of the estate, as the Prophet  (PBUH) allocated two-thirds for the two daughters from the inheritance of Sa?d ibn Ar-Rabee?  may  Allaah  be  pleased  with  him. If the deceased has no other heirs and there is no Bayt-ul-Maal (public treasury) as is the case in the present time, the remaining third is to be divided equally between the two daughters, under the principle of Radd (i.e. division of remainder). Thus, each daughter gets half of the estate as a fixed share and under the principle of Radd.
For second query- If the heirs are only those mentioned in the question and the deceased did not leave any other heir, then the wife gets one-eighth as her legal share due to the existence of direct heirs (children); Allaah says (what means): But if you leave a child, then for them [i.e. the wives] is an eighth of what you leave, after any bequest you [may have] made or debt. [Quran 4:12] The daughters get two-thirds as their legal share, as Allaah says about the existence of a number of daughters (what means): But if there are [only] daughters, two or more, for them is two-thirds of one's estate. [Quran 4:11] The mother gets one-sixth as her legal share due to the existence of direct heirs (children). Allaah says (what means): {And for one's parents, to each one of them is a sixth of his estate if he left children.} [Quran 4:11] The remainder after the division of inheritance shall be given back to the mother and the daughters. Therefore, the inheritance should be divided into 120 shares, the wife gets one-eighth, which is 15 shares, as her legal share, the mother gets 21 shares as her legal share along with the share(s) that she gets back after the division of inheritance, and each daughter gets 28 shares as her legal share along with the share(s) that she gets back after the division of inheritance. I hope the above opinion meets your queries.




            



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